Privacy Policy - Agency

Past updated: January 15, 2022

Agency Cyber Inc., Agency, and its affiliates ("Agency", "we and "us") respect your privacy. We offer services that enable individuals to confidently be aware of and manage their security across all of their personal devices.

This Privacy Policy describes the types of Personal Data we collect through our services ("Services") and via our online presence, which include our main website at GetAgency.com as well as services and websites that we enable Internet users to access, such as Agency Dashboard and when you connect with our technical/customer support (collectively, our "Sites"). This policy also describes how we use Personal Data, with whom we share it, your rights and choices, and how you can contact us about our privacy practices. This policy does not apply to third-party websites, products, or services, even if they link to our Services or Sites, and you should consider the privacy practices of those third-parties carefully.

Overview

1. Agency obtains Personal Data about you from various sources to provide our Services and to manage our Sites. "You" may be a visitor to one of our websites, a user of one or more of our Services ("User" or "Agency User"), or a Device of a User ("Device User"). If you are a Device User, Agency may also collect your Personal Data directly from you. You are bound by the same agreements as the relevant Agency User and they should explain how the Agency User shares your Personal Data with Agency, and if you have questions about this sharing, then you should direct those questions to the Agency User.
   • Site visitors. If you visit or use our Sites, we may collect Personal Data. For example, we collect Personal Data that you submit to us via online forms and surveys, and when you contact us by email.
   • Payment processors. Agency uses a third-party payment processor, which is responsible for all the payment information you submit on our site. You agree to their terms and privacy policy as a User or Device User of Agency. The information you input on our Sites may be collected, used and disclosed Personal Data as well. Ultimately Agency Users are responsible for making sure that the Device User’s privacy rights are respected, including ensuring appropriate disclosures about third party data collection and use. If you are a Device User and would like to obtain more information about how an Agency User or a third-party uses services like Agency to process your Personal Data, please contact the Agency User directly or visit the Agency User’s privacy policy.
   • Fraud prevention and Security activities and activities for offering a compliant and secure platform. The collection and use of Personal Data is critical in helping us to ensure that our Services and Sites are safe, secure and compliant. In the context of fraud and security monitoring, prevention and detection services, we may monitor insights and patterns of Agency Users, Device Users and other online signals to reduce the risk of fraud, cyber attacks and other harmful activity for ourselves, our Users and their Device Users.
   • Ultimately the User, through the dashboard and in contacting Agency, has control to modify, amend, or delete the software and permissions of the Services and Sites. At any time the User may delete the Services, by deleting any and all Agency applications on their device, and cease use of the Site to completely limit privacy from Agency and its third parties, who has privacy policies of their own the User must agree and comply with. The User may also go into the settings of the Services and limit permissions. Agency at no time has the ability to limit the permissions or access to your devices internally, but we may guide the User as to how the User may do that.



Personal Data We Collect

1. Personal Data that we collect about you. Personal Data is any information that relates to an identified or identifiable individual. The Personal Data that you provide directly to us through our Sites and Services will be apparent from the context in which you provide the data. In particular:
   • When you register for an Agency account we collect your full name, email address, physical address (business, personal, or what otherwise input), answers to our security questions, and account log-in credentials
   • When you fill-in our online form to contact our sales team, we collect your full name, work email, country, and anything else you tell us about your project, needs and timeline.
   • When you respond to Agency emails or surveys we collect your email address, name and any other information you choose to include in the body of your email or responses. If you contact us by phone, we will collect the phone number you use to call Agency. If you contact us by phone as an Agency User, we may collect additional information in order to verify your identity.
   • If you are an Agency User, you will provide your contact details, such as name, postal address, telephone number, and email address. As part of your business relationship with us, we may also receive financial and personal information about you, such as your date of birth and government identifiers associated with you.
   • When we conduct fraud and cyber attack/security monitoring, prevention, detection, and financial compliance activities or provide such services to our Users, we will receive Personal Data from you (and your device) and about you through our Service and from our business partners, financial service providers, identity verification services, and publicly available sources (e.g., name, address, phone number, country), as necessary to confirm your identity and prevent fraud. Our fraud and cyber attack/security monitoring, detection and prevention services may collect Personal Data about you and use technology to help us assess the risk associated with an attempted transaction by you with an Agency User.
   • You may also choose to submit information to us via other methods, including: (i) in correspondences with Agency customer service representatives regardless of method, (ii) response to marketing or other communications, (iii) through social media or online forums, (iv) through participation in an offer, program or promotion, (v) in connection with an actual or potential business relationship with us, or (v)i by giving us your business card or contact details at trade shows or other events.
2. Information that we collect automatically on our Sites. Our Sites use cookies and other technologies to function effectively. These technologies record information about your use of our Sites, including:
   • Browser and device data, such as IP address, device type, operating system and Internet browser type, screen resolution, operating system name and version, device manufacturer and model, language, plug-ins, add-ons and the language version of the Sites you are visiting;
   • Usage data, such as time spent on the Sites, pages visited, links clicked, language preferences, and the pages that led or referred you to our Sites.
   • We also collect information about your online activities on websites and connected devices over time and across third-party websites, devices, apps and other online features and services. We use Google Analytics, Mixpanel, Hubspot, Sentry, and Cloud Flare on our Sites to help us analyze Your use of our Sites and diagnose technical issues.
3. Cookies. Agency collects information, which may include personal data, when you use our Services and Sites. We use a variety of methods, such as cookies and pixel tags to collect this information, which may include your (i) IP-address; (ii) unique cookie identifier, cookie information and information on whether your device has software to access certain features; (iii) unique device identifier and device type; (iv) domain, browser type and language, (v) operating system and system settings; (vi) country and time zone; (vii) previously visited websites; (viii) information about your interaction with our Services and Sites such as click behavior, purchases and indicated preferences; and (ix) access times and referring URLs.
   • Some advertising and technology partners may also collect personal data when you use our Services and Sites. These partners have committed to act as service providers on Agency’s behalf and have committed to only use your personal data for Agency’s purposes as described in this policy.
   • In some instances our Services and Sites allows you to log-in with or connect your Agency account with a third-party partner account. If you do so, your use of their technology within our Services and Sites is subject to their terms and policies.
   • We use cookies and pixel tags to track usage of the Services and Sites and to understand our customers’ preferences (such as country and language choices). This enables us to provide services to our customers and improve their online experience. We also use cookies and pixel tags to obtain aggregate data about Services and Sites traffic and Services and Sites interaction, to identify trends and obtain statistics so that we can improve our Services and Sites. There are generally three categories of cookies used on our Services and Sites:
     1. Functional: These cookies are required for basic Services and Sites functionality and are therefore always enabled. These include cookies that allow you to be remembered as you explore our Services and Sites within a single session or, if you request, from session to session. They help make the shopping cart and checkout process possible as well as assist in security issues and conforming to regulations.
     2. Performance: These cookies allow us to improve our Services and Sites' functionality by tracking usage. In some cases, these cookies improve the speed with which we can process your request and allow us to remember Services and Sites preferences you have selected. Refusing these cookies may result in poorly-tailored recommendations and slow Services and Sites performance.
   • Your browser can help you manage cookies. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings on each browser and device that you use. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you may not have access to many features that make our Services and Sites more efficient and some of our services will not function properly. There are also general resources for opting out of interest based advertising available on the websites of the Network Advertising Initiative and the Digital Advertising Alliance.
   • Similarly, you can adjust your advertising preferences on your mobile device at the device level. Please refer to your device provider for further information



How We Use Personal Data

1. Our products and services. We rely upon a number of legal grounds to ensure that our use of your Personal Data is compliant with applicable law. We use Personal Data to facilitate the business relationships we have with our Users, to comply with our financial regulatory and other legal obligations, and to pursue our legitimate business interests. We also use Personal Data to troubleshoot when necessary or give necessary/requested Service-related aid to our Users.
2. Marketing and events-related communications. We may send you email marketing communications about Agency products and services, invite you to participate in our events or surveys, or otherwise communicate with you for marketing purposes, provided that we do so in accordance with the consent requirements that are imposed by applicable law. For example, when we collect your business contact details through our participation at trade shows or other events, we may use the information to follow-up with you regarding an event, send you information that you have requested on our products and services and, with your permission, include you on our marketing information campaigns.
3. Advertising. When you visit our Sites, we (and our service providers) may use Personal Data collected from you and your device to target advertisements for Agency Services to you on our Sites and other sites you visit ("interest-based advertising"), where allowed by applicable law. For example, when you visit our Site, we will use cookies to identify your device and direct ads for our Services to you. You have choices and control over our cookies (or similar technologies) we use to advertise to you. At present, there is no industry standard for recognizing Do Not Track browser signals, so we do not respond to them.



How We Disclose Personal Data. Agency does not sell or rent Personal Data to marketers or unaffiliated third parties. We share your Personal Data with trusted entities, as outlined below.

1. Agency. We share Personal Data with other Agency entities in order to provide our Services and for internal administration purposes.
2. Service providers. We share Personal Data with a limited number of our service providers. We have service providers that provide services on our behalf, such as identity verification services, website hosting, data analysis, information technology and related infrastructure, customer service, email delivery, and auditing services. These service providers may need to access Personal Data to perform their services. We authorize such service providers to use or disclose the Personal Data only as necessary to perform services on our behalf or comply with legal requirements. We require such service providers to contractually commit to protect the security and confidentiality of Personal Data they process on our behalf. Our service providers have headquarters in the United States of America
3. Business partners. We share Personal Data with third party business partners when this is necessary to provide our Services to our Users. Examples of third parties to whom we may disclose Personal Data for this purpose are payment processors in order to receive payment for our Services from you and the professional services firms that we partner with to deliver the security and fraud alert services.
4. Our Users and third parties authorized by our Users. We share Personal Data with Users as necessary to maintain a User account and provide the Services. We share data with parties directly authorized by a User to receive Personal Data, such as when a User authorizes a third party application provider to access the User’s Agency account. The use of Personal Data by an authorized third party is subject to the third party’s privacy policy.
5. Corporate transactions. In the event that we enter into, or intend to enter into, a transaction that alters the structure of our business, such as a reorganization, merger, sale, joint venture, assignment, transfer, change of control, or other disposition of all or any portion of our business, assets or stock, we may share Personal Data with third parties in connection with such transaction. Any other entity which buys us or part of our business will have the right to continue to use your Personal Data, but only in the manner set out in this Privacy Policy unless you agree otherwise.
6. Compliance and harm prevention. We share Personal Data as we believe necessary: (i) to comply with applicable law, or payment method rules; (ii) to enforce our contractual rights; (iii) to protect the rights, privacy, safety and property of Agency, you or others; and (iv) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include authorities outside your country of residence.



Your Rights and Choices. You have choices regarding our use and disclosure of your Personal Data:

1. Opting out of receiving electronic communications from us. If you no longer want to receive marketing-related emails from us, you may opt-out via the unsubscribe link included in such emails. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages that are required to provide you with our Services.
2. How you can see or change your account Personal Data. If You would like to review, correct, or update Personal Data that You have previously disclosed to us, You may do so by signing in to your Agency account or by contacting us at: [INSERT CUSTOMER SUPPORT EMAIL].
3. Your data protection rights. Depending on your location and subject to applicable law, you may have the following rights with regard to the Personal Data we control about you:
   • The right to request confirmation of whether Agency processes Personal Data relating to you, and if so, to request a copy of that Personal Data;
   • The right to request that Agency rectifies or updates your Personal Data that is inaccurate, incomplete or outdated;
   • The right to request that Agency erase your Personal Data in certain circumstances provided by law;
   • The right to request that Agency restrict the use of your Personal Data in certain circumstances, such as while Agency considers another request that you have submitted (including a request that Agency make an update to your Personal Data); and
   • The right to request that we export to another company, where technically feasible, your Personal Data that we hold in order to provide Services to you.
   • Where the processing of your Personal Data is based on your previously given consent, you have the right to withdraw your consent at any time. You may also have the right to object to the processing of your Personal Data on grounds relating to your particular situation.
4. Process for exercising data protection rights. In order to exercise your data protection rights, you may contact Agency at: [email protected] We take each request seriously. We will comply with your request to the extent required by applicable law. We will not be able to respond to a request if we no longer hold your Personal Data. If you feel that you have not received a satisfactory response from us, you may consult with the data protection authority in your country.
5. For your protection, we may need to verify your identity before responding to your request, such as verifying that the email address from which you send the request matches your email address that we have on file. If we no longer need to process Personal Data about you in order to provide our Services or our Sites, we will not maintain, acquire or process additional information in order to identify you for the purpose of responding to your request.
6. If you are a Device User of an Agency User, please direct your requests directly to the User. For example, if you are making, or have made, a purchase from a merchant using Agency as a payment processor, and you have a request that is related to the payment information that you provided as part of the purchase transaction, then you should address your request directly to the merchant.



Security and Retention.

1. We make reasonable efforts to ensure a level of security appropriate to the risk associated with the processing of Personal Data. We maintain organizational, technical and administrative measures designed to protect Personal Data within our organization against unauthorized access, destruction, loss, alteration or misuse. Your Personal Data is only accessible to a limited number of personnel who need access to the information to perform their duties. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please at [email protected] immediately.
2. We retain your Personal Data as long as we are providing the Services to you. We retain Personal Data after we cease providing Services directly or indirectly to you, even if you close your Agency account or complete a transaction with an Agency User, to the extent necessary to comply with our legal and regulatory obligations, and for the purpose of fraud monitoring, detection and prevention. We also retain Personal Data to comply with our tax, accounting, and financial reporting obligations, where we are required to retain the data by our contractual commitments to our financial partners, and where data retention is mandated by the payment methods that we support. Where we retain data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law.



Use by Minors.

The Services are not directed and should not be used by individuals under the age of eighteen (18), and their Personal Data should not be provided through the Services.



Updates To this Privacy Policy and Notifications.

We may change this Privacy Policy from time to time to reflect new services, changes in our Personal Data practices or relevant laws. The "Last updated" legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised. Any changes are effective when we post the revised Privacy Policy on the Services. We may provide you with disclosures and alerts regarding the Privacy Policy or Personal Data collected by posting them on our website and, if you are a User, by contacting you through your Agency Dashboard, email address and/or the physical address listed in your Agency account.



Links To Other Websites.

The Services may provide the ability to connect to other websites. These websites may operate independently from us and may have their own privacy notices or policies, which we strongly suggest you review. If any linked website is not owned or controlled by us, we are not responsible for its content, any use of the website or the privacy practices of the operator of the website.



California residents Provision.

This section provides additional details about the personal information we collect about California consumers as well as the rights of California consumers under the California Consumer Privacy Act (CCPA).
1. How We Collect, Use, and Disclose your Personal Information. The Personal Data We Collect section describes the personal information we may have collected over the last 12 months, including the categories of sources of that information. We collect this information for the purposes described in the How We Use Personal Data section. We share this information as described in the How We Disclose Personal Data section. Agency uses cookies, including advertising cookies, as described in Section 2c above.
2. Your CCPA Rights and Choices. As a California consumer and subject to certain limitations under the CCPA, you have choices regarding our use and disclosure of your personal information:
   • Exercising the right to know. You may request, up to twice in a 12-month period, the following information about the personal information we have collected about you during the past 12 months:
   • the categories and specific pieces of personal information we have collected about you;
   • the categories of sources from which we collected the personal information;
   • the business or commercial purpose for which we collected the personal information;
   • the categories of third parties with whom we shared the personal information; and
   • the categories of personal information about you that we disclosed for a business purpose, and the categories of third parties to whom we disclosed that information for a business purpose.
   • Exercising the right to delete. You may request that we delete the personal information we have collected from you, subject to certain limitations under applicable law.
   • Exercising the right to opt-out from a sale. You may request to opt out of any "sale" of your personal information that may take place. As described in Section 3c, we do not use, share, rent or sell the Personal Data of our Users’ Device Users for interest-based advertising. We do not sell or rent the Personal Data of our Users, their Device Users or our Site visitors.
     1. Non-discrimination. The CCPA provides that you may not be discriminated against for exercising these rights.
     2. To submit a request to exercise any of the rights described above, you may contact Agency at [email protected]. We may need to verify your identity before responding to your request, such as verifying that the email address from which you send the request matches your email address that we have on file. Authentication based on a government-issued and valid identification document may be required. If you are a Device User of an Agency User, please direct your requests directly to the Agency User with whom you shared your personal information.



Contact Us

1. If You have any questions or complaints about this Privacy Policy, please at [email protected] or send physical mail to:
   Agency
   215 Park Avenue South, 11th Floor
   New York NY 10003
   Attention: Agency Legal