Agora Privacy Policy

Agora Real Estate Technologies Ltd. and its affiliates (“Agora”, “we”, “us”, “us”) respect the privacy of individuals whose information we collect. This privacy policy (the “Privacy Policy”) applies to the Personal Information (defined below) we collect and use in the operation of our website, available at https://www.agorareal.com/ (the “Website”) and in the management of our business, including the provision of our proprietary software platform for management of investment related information and activities (the “Platform”). We provide this Privacy Policy in order to enable you to understand how we collect and process your Personal Information, who we share it with, how we protect it, how long we keep it and your choices with respect to your Personal Information.  

Who are we? 

Agora is a technology company providing information technology and other services to the real estate investment industry. Our customers are investment funds, investment houses, financial institutions and other bodies who manage investments (“Customers”). Our Customers use our Platform to manage investment related information and to provide access to the Platform to their customers who are legal entities (“End-Customers”) in order for such End Customers to view their investments and related information, and to perform various actions related to their investments. 

Whose Personal Information do we process?

We process Personal Information of individuals who browse our Website (“Visitors”).

We also process the Personal Information of individuals who use our Platform and related support, maintenance and other services (the “Services”). You may use our Services if you are either:

• An individual employed or otherwise engaged at a Customer and authorized by the Customer to manage the Customer's use of the Platform including the provision of the Platform to End Customers (an “Admin User”);
• An individual, employed or otherwise engaged at an End Customer; and authorized by such End-Customer to use the Platform (an “End User”); 

In this privacy policy, we describe our privacy practices when obtaining, processing or using Personal Information, in the provision of our Website and Platform and in the provision of our Services. Please read this Privacy Policy carefully, so you can fully understand our practices and your rights in relation to Personal Information. You are under no legal obligation to provide us with any information. If you object to the processing of your Personal Information as described in this Policy, please do not use our Website and/or Platform. 

For more information on the collection and use of your Personal Information by the Customer and End-Customer, please refer to their respective websites and policies. 

Table of Contents  

1. Definitions
2. Personal Information we collect 
3. How we collect Personal Information
4. The purposes of the collection of Personal Information and legal basis 
5. Sharing Personal Information
6. International Data Transfers
7. Retention and Deletion of Personal Information
8. Log Files
9. Analytical Tools 
10. Information Security 
11. Minors
12. Third Party Services
13. Your Rights
14. Specific Provisions Applicable Under California Privacy Law
15. Changes to the Privacy Policy
16. How to Contact us

1. Definitions

                  “Applicable Laws” means any privacy and data protection laws applicable to our Services including the GDPR, CCPA; each to the extent applicable to the processing of Personal Information conducted by us.

                    “CCPA” means the California Consumer Privacy Act 2018.

                  “GDPR” means the General Data Protection Regulation (EU) 679/2016.

                   “Personal Information” means any information that can be used, alone or together with other data, to uniquely identify any natural person or that relates to, describes or can be associated with an identified or identifiable natural person.

                   “Non-Personal Information” means information which does not enable identification of an individual, such as aggregated information about the use of our Website, Platform and services. We may use Non-Personal Information and/or disclose it to third parties without restrictions (for example, in order to improve our Website, Platform and services and enhance your experience with them).

                  “Users” means both Admin Users and End Users. The terms “controller”, “processor”, and “processing” shall have the meanings ascribed to these terms and similar terms in the Applicable Laws.

2. Personal Information we collect

                      2.1 Personal Information we collect about Visitors

• If you are a Visitor to our Website, we will collect and process your name, email, and company name, in order for us to communicate with you and your IP address. We will also collect your consent to our Terms of Use if you register for a demo. 
• We will also collect information about you through cookies and tracking tools as detailed in Sections ‎8 “Log Files” ‎and 9 “Cookies and Analytical Tools” below, to improve our Website.‍

                     2.2 Personal Information we collect about Admin Users on the Platform

• We will also process any Personal Information you decide to provide us when you communicate with us based on the agreement with the Customer. Specifically, we enable you to sync your personal email account (including but not limited to Gmail) with the Services, in order to allow you to send emails via the Platform. We use Nylas (a third party provider whose privacy policy is available here: https://www.nylas.com/privacy-policy/) API for this purpose.

‍                     2.3 Personal Information we collect about End Users on the Platform

• If you are an End User, you and/or the Customer and/or End Customer you are engaged with will provide us with your contact details such as your name, title, email and telephone number and also information about your investments, including: identification details such as: date of birth, country of birth, national ID number and/or passport number; tax ID, investment information such as: investment amount, assets, assets value, bank details such as account number, branch, etc. and other information you or the Customer or End Customer may provide us for the purpose of receiving our Services or for the Customer/End Customer's business needs. We will also collect your approval or execution of contracts, consents or other statements or agreements if executed on the Platform. In addition, we will process any Personal Information you decide to provide us when you communicate with us. 
  ‍

                     2.4 Agora only processes Personal Information of Users on the Platform as a processor, on behalf of its Customers and in accordance with the Customer's instructions, the terms of the Agreements of such Customers with Agora and our Terms of Use. Users may find more information on the processing of their Personal Information by the Customer/End Customer (investment firm) on their respective websites and policies. ‍‍

                      2.5 Non-Personal Information we collect about Visitors and Users

• The Non-Personal Information we collect includes the type and version of the devices of Visitors and Users used to connect to our Website and/or Services and their operating systems; the type and version of browser, screen resolution, device browser. 
• In addition, Agora may collect technical information from your computer or mobile device concerning your receipt of communications, access and use of webpages on the Website and/or Platform. For more information see Section 8 "Log Files". 
• The Website does utilize third-party application programming interfaces controlled by third parties, such as marketing tracking services, that may attempt to track your activity across other sites that utilize those interfaces. For more information see Sections ‎8 "Log Files" and ‎9 "Cookies and Analytical Tools".

‍‍

3. How we collect Personal Information 

                     3.1 We collect Personal Information of Visitors as follows: 

• when you actively provide us information on the Website;
• through tracking tools as detailed in Section 8 and 9 below. 

                    3.2 We collect Personal Information of Admin Users as follows:

• When provided to us by your employer, our Customer;
• When you actively provide us information while you use the Platform or Services such as when you communicate us in order to receive customer service and support;
• When you request a demo or create an administrator account;
• Through tracking tools on the Website and/or Platform. For more information Section ‎8 and 9 below; 
• When you visit or interact with our admin tool using your Admin User account.

                     3.3 We collect Personal Information of End Users as follows:

• when provided to us by the Customer or by the End User;
• when you contact us in order to receive customer support, to the extent provided to End Users under the agreement we have with the applicable Customer/End Customer;  
• through tracking tools as detailed in Section 8 and 9 below.

4. The purposes of the collection of Personal Information 

                            4.1 Non-Personal Information is collected in order to:   

• Enhance the Visitors' and Users' experience on the Website and Services.
• Study and analyze the Users' use of the Services, in order to further develop and improve the Services.
• To optimize the marketing of our Services
• Fraud protection, security and debugging.

                           4.2 Personal Information is collected in order to: 

                                             4.2.1 Provide, customize and improve the Website and Services, including to:

• Manage, perform and enable their overall operation and functionalities 
• Personalize your experience.
• Identify Users when they conduct customer service operations (such as providing support, receiving feedback, etc.). 
• Send you updates, notices, changes, announcements, and additional information related to the Website and Services. 
• Creating and managing your User account.
• Improve the Services, including testing, research, internal analytics and product development.
• fraud protection, security and debugging.
• Carrying out other business purposes stated when collecting your Personal Information or as otherwise set forth in applicable data privacy laws.

                                             4.2.2 Marketing the Services

• Marketing and selling the Services or other Services.
• Suggesting to you investing opportunities powered by the Customer. 
• Sending emails and other communications according to your preferences or that display content that we think will interest you. 

                                               4.2.3 Corresponding with You

• Contacting you when necessary or requested, and sending you information about the Services.

                                               4.2.4 Meeting Legal Requirements and Enforcing Legal Terms

• Fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities.
• Protecting the rights, property or safety of you, Agora or another party.
• Enforcing any agreements with you.
• Responding to claims that any posting or other content violates third-party rights.
• Resolving disputes.

                           4.3 For GDPR-protected individuals, please be informed we conduct each of these activities subject to one of the legal bases such as consent, legitimate interest, fulfilment of a legal obligation. For more information on the specific legal basis for a processing activity, please contact us at: contact@agorareal.com.

5. Sharing Personal Information with third parties

                          5.1 Sharing with the Customer/End Customer and with third parties at their instructions:

• If you are provided access to the Platform, we will share the information with third parties as required and specifically instructed by the Customer and/or End Customer as applicable, such as banks, escrow agents, and other financial institutions tax authorities. 
• In addition, if you are a returning User who has previously been given access to the Services by a certain Customer or End Customer; and are now given access to the Services by a new Customer and/or End Customer, the Services may prefill certain items of your information, including Personal Information, into your next investment file, provided this is not prohibited. If you do not wish to take advantage of this feature, please contact Agora at with your request. 
• Agora may disclose Personal Information about you to others: (a) if Agora has your valid consent to do so; (b) to comply with a valid subpoena, legal order, court order, legal process, or other legal obligation; (c) to enforce any of the Agora terms and conditions or policies; or (d) as necessary to resolve disputes, pursue available legal remedies or defend legal claims. To the maximum extent permitted under applicable laws and/or contract  Agora may also transfer your Personal Information to an affiliate, a subsidiary or a third party in the event of any reorganization, merger, acquisition or sale, joint venture, assignment, transfer or other disposition of all or any portion of Agora’s business, assets or stock, including, without limitation, in connection with any bankruptcy or similar proceeding, provided that any such entity that Agora transfer Personal Information to will not be permitted to process your Personal Information other than as described in this Policy without providing you notice and, if required by applicable laws, obtaining your consent.
• The legal relationship relating to your investment, will be directly between yourself and the Customer/End Customer, and will be subject to their terms and conditions, including their own privacy policies. Agora does not accept, and expressly disclaims, any responsibility or liability for the actions or inactions of any Customer/End Customer's terms and conditions and/or privacy policy.

                          5.2 Payment providers: 

• If you use our payment options available on the Platform, our third-party payments providers may collect payment information from you when you make a payment. We do not store your credit card and/or bank account information relating to such payments however we do collect and retain the payment amounts. 

                          5.3 Third Parties' websites: While using the Website you may encounter links to third party websites. In addition, third parties may provide their own services through the Website. Please be advised that such third party websites and services are independent from the Website, and we assume no responsibility or liability whatsoever with regard to privacy matters or any other legal matter with respect to such third party websites and services. We encourage you to carefully read the privacy policies and the terms of use or service of such third party websites and services.

                          5.4 In addition, we may share Personal Information with third parties in the following cases: 

• With our business partners with whom we jointly offer products or services and with our affiliates in the Agora group of companies for operational purposes as necessary to provide the Services efficiently; 
• to satisfy any applicable law, regulation, legal process, subpoena or governmental request; 
• to enforce this Privacy Policy or any other agreement or terms of service between you and Agora or pursuant to which you received services from Agora, including investigation of potential violations thereof, and to defend against any claims or demands asserted against us by you or on your behalf; 
• to detect, prevent, or otherwise address fraud, security or technical issues; 
• to respond to claims that any content published on the Services violates any right or endangers the safety of any third-party; 
• to protect the rights, property, or personal safety of Agora, its Users or the general public;
• when Agora is undergoing any change in control, including by means of merger, acquisition or purchase of all or substantially all of the assets of Agora (actual or potential), consolidation or restructuring, financing or in the event of bankruptcy or a comparable event; and
• to collect, hold and manage your Personal Information through a third party's cloud-based services, as reasonable for business purposes, which may be located in countries outside of your jurisdiction.

6. International Data Transfers 

                        6.1 We transfer information collected about you, including Personal Information across borders and from your country or jurisdiction to other countries or jurisdictions around the world, in accordance with Applicable Laws, for the purposes listed in Section ‎5 above. If you are an Israeli-based individual by using the Platform, you consent to the transfer of your Personal Information outside of Israel. If you require information about such transfers, please contact us at contact@agorareal.com. 

                         6.2 With respect to transfers of Personal Information of EU-based individuals:

• Access from Israel is covered by the EU Commission's adequacy decision available here.
• Access from the US is covered by Standard Contractual Clauses for the transfer of personal data to third countries, available here.

                         6.3 Internal transfers: Transfers to affiliated entities within our group will be covered by an internal processing agreement entered into by us and our affiliates (an intra-group agreement) which contractually obliges each party to ensure that Personal Information receives an adequate and consistent level of protection wherever it is transferred to. 

7. Retention and Deletion of Personal Information

                        7.1 We will retain or delete your Personal Information as permitted or required by Applicable Laws or as determined in our contract with the Customer/End-Customer.

                       7.2 For more information about your rights relating to your Personal Information, please see Section 12 below. 

                       7.3 To the maximum extent permitted by law, aggregated, de-identified and/or anonymous information derived from your use of the Services may remain on our servers indefinitely and used without restrictions.

8. Log Files

                      8.1 We use log files. We use such information to administer the Website, track users’ movement around the Website, and gather demographic information, resolve technical issues. 

9. Cookies and Analytical Tools

                      9.1 Cookies. We use Cookies (define below) to enhance your User experience, understand your usage of the Website and Services and to perform analytics, we use Cookies. Cookies are small pieces of data that are stored on your computer, mobile phone, or other device when you first visit a page. Agora uses cookies, web beacons and similar technologies (“Cookies”). Cookies may also be set by other websites or services that run content on the page you are visiting. The provision of your data via Cookies is voluntary except for those Cookies that Agora places on your device because it is necessary for the performance of the Website or Services. Agora uses “session cookies” and “persistent cookies”. Session Cookies are temporary Cookies that remain on your device until you leave the Website or Services. A persistent Cookie may remain on your device for much longer until you manually delete it.

                       9.2 Use. Cookies can contain information about your browser type, search preferences, data relating to which pages of the Website that you have visited and the date and time of your use. We use Cookies to enable and support security features, prevent fraud, and protect your data from unauthorized access. To enable features and help us provide you with personalized content. To analyze how you use the Website and to monitor site performance. These Cookies help us to identify and fix errors, understand and improve services, research and test out different features, and monitor how you reached the Website.  You can access our full cookie policy here: www.agorareal.com/cookie-policy.

                        9.3 We use the following cookies on the Website:

• Hubspot. We use Hubspot for the purpose of optimizing our social media marketing, to better manage our content, and to help us optimize our Platform. For more information about Hubspot's privacy practices, please see their privacy policy available here: https://legal.hubspot.com/privacy-policy. 
• Google Analytics. The Website uses a tool called “Google Analytics” to collect information about use of the Website. Google Analytics collects information such as how often users visit this Website, what pages they visit when they do so, and what other websites they used prior to coming to this Website. We use the information we get from Google Analytics to maintain and improve the Website and our products. We do not combine the information collected through the use of Google Analytics with Personal Information we collect. Google’s ability to use and share information collected by Google Analytics about your visits to this Website is restricted by the Google Analytics Terms of Service, available at https://marketingplatform.google.com/about/analytics/terms/us/, and the Google Privacy Policy, available at http://www.google.com/policies/privacy/. You may learn more about how Google collects and processes data specifically in connection with Google Analytics at http://www.google.com/policies/privacy/partners/. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout/.
• Google Tag Manager Google Tag Manager is a solution that allows website tags to be managed using an interface. The Tag Manager tool itself is a cookie-less domain and does not register personal data, but rather activates other tags. Google Tag Manager does not access the information captured by other tags. See https://www.google.com/analytics/tag-manager/use-policy/ and https://policies.google.com/privacy for details.
• Linkedin insight tag We use LinkedIn Insight Tags, which are tools that allow us to send data to LinkedIn and its affiliates about actions that people take on our platform, in order to use LinkedIn's tool to assess the performance and effectiveness of our campaigns and to optimize our campaigns. The LinkedIn Insight Tag enables the collection of data regarding members’ visits to our platform, including IP address, device and browser characteristics, and timestamp. LinkedIn's ability to use and share your information is governed by LinkedIn's Ads Agreement, available here: https://www.linkedin.com/legal/sas-terms. You can opt-out of having your data used by LinkedIn through this link: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out, or through these standard opt-out websites: www.networkadvertising.org/choices or www.aboutads.info/choices.   
• Facebook Pixel. We use Facebook pixels or SDKs, which are tools that provide help to website owners and publishers, developers, advertisers, business partners (and their customers) and others to integrate, use and exchange information with Facebook, such as the collection and use of information for ad targeting. Please note that third parties, including Facebook, use cookies, web beacons, and other storage technologies to collect or receive information from your websites and elsewhere on the internet and use that information to provide measurement services and target ads. Facebook’s ability to use and share information is governed by the Facebook Tools Terms, available at: https://www.facebook.com/legal/technology_terms/. You can prevent your data from being used by Facebook Pixels and SDKs by exercising your choice through these mechanisms: http://www.aboutads.info/ choices or http://www.youronlinechoices.eu/.

10. Information Security 

                            10.1 We have implemented appropriate technical, organizational and security measures designed to protect your Personal Information. However, please note that we cannot guarantee that the information will not be compromised as a result of unauthorized penetration to our servers. As the security of information depends in part on the security of the computer, device or network you use to communicate with us and the security you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect this information.

11. Minors

                           11.1 The Services are not available for minors under the age of 18, and therefore Agora does not knowingly collect or process any Personal Information of minors under such age. We encourage parents and guardians to monitor their children’s use of the Internet.

12 Your Rights

                            12.1 If you are a Visitor, and you would like to access, delete, correct or object to the processing of any of your Personal Information processed by us, you may submit a request by sending an email to contact@agorareal.com. Your email should include adequate details of your request. 

                           12.2 According to Applicable Laws, the business which controls your Personal Information and provides it to us is the Customer/End-Customer, as applicable. Agora is a service provider to those entities, acting as a processor/subprocessor; and therefore is not authorized to make any decisions regarding changing or deleting your Personal Information. In particular, we shall comply with a request relating to the access/modification/deletion or any other request relating to your Personal Information, if we are instructed to do so by the Customer/End Customer or other entity which is the controller of the Personal Information in order to comply with a valid request.

                           12.3 If for any reason you wish to delete or modify your Personal Information, please send us an e-mail with adequate detail of your request to contact@agorareal.com, and we will forward your request to the Customer/End Customer; and also provide you with their contact details. We will make reasonable efforts to comply with the lawful instructions of the Customer/End Customer in relation to your requests regarding your Personal Information.

                           12.4 Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly or inform you if we require further information in order to fulfil your request. When processing your request, we may ask you for additional information to confirm your identity and for security purposes, before disclosing the Personal Information requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.

                           12.5 In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than initially requested, we will address your request to the maximum extent possible, all in accordance with applicable law.

13. Specific Provisions Applicable Under California Privacy Law

                           13.1 California Privacy Rights: California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to contact@agorareal.com. Please note that we are only required to respond to one request per customer each year.

                          13.2 Using an authorized agent. You may submit an application through someone holding a formal Power of Attorney. Otherwise, you may submit a request using an authorized agent only if (1) you provide the authorized agent with written permission to make a request and (2) you verify your own identity directly with us. We will require the agent to submit proof to us that they have been authorized to make requests on your behalf.

                          13.3 Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers.  We do not respond to or honor DNT signals transmitted by web browsers, but we may allow third parties, such as analytics tools providers, to collect personally identifiable information about an individual consumer’s online activities over time and across different web sites when a consumer uses the Services.

                           13.4 Deletion Of Content From California Residents: If you are a California resident under the age of 18 and a registered user, California Business and Professions Code Section 22581 permits you to remove content or Personal Information you have publicly posted. To remove, please send an email to contact@agorareal.com. Please be aware that after removal you will not be able to restore removed content. In addition, such removal does not ensure complete or comprehensive removal of the content or Personal Information you have posted and that there may be circumstances in which the law does not require us to enable removal of content.

14. Changes to the Privacy Policy 

                          14.1 The terms of this Privacy Policy will govern the use of the Services and any information collected therein. Agora reserves the right to change this policy at any time, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Services.

                         14.2 Changes to this Privacy Policy are effective as of the stated “Last Revised” and your continued use of the Services and on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.

15. How to Contact us

                        15.1 If you have questions (or comments) concerning this Privacy Policy, you are most welcome to send us an email to the following address: contact@agorareal.com and we will make an effort to reply within a reasonable time.

‍

‍