AGORA PLATFORM PRIVACY POLICY
FOR CUSTOMER ADMINS AND CUSTOMERS END USERS

Last Updated: October 18, 2023

In order to ensure transparency and give you more control over your personal data, this privacy policy (“Privacy Policy”) governs how we, Agora Real Estate Technologies Ltd. and its affiliates (“Agora”, “we”, “us”) use, collect and store personal information that we collect or receive from or about you (“you”) in connection with the Agora services we provide through the Agora platform (“Platform”: and collectively with the services, the “Services”).

We greatly respect your privacy, which is why we make every effort to provide a platform that would live up to the highest user privacy standards. Please read this Privacy Policy carefully, so you can fully understand our practices in relation to personal data. Important note: Nothing in this Privacy Policy is intended to limit in any way your statutory rights, including your rights to a remedy or other means of enforcement.

Table of content

  1. What personal data we collect, why we collect it, and how it is used
  2. How we protect and retain your personal data
  3. How we share your personal data
  4. Your privacy rights
  5. International transfers of personal data
  6. Use by children
  7. Interaction with third party products
  8. Analytic tools/ Cookies
  9. Specific provisions applicable under California privacy law
  10. Contact us

Agora’s mission is a technology company providing information technology and other services to the real estate investment industry. Agora is dedicated to helping real estate firms realize their full potential by providing them with a comprehensive, flexible, and easy solution to streamline their investment management. Our customers are investment funds, investment houses, financial institutions and other bodies who manage investments (“Customers”).

This Privacy Policy may be updated from time to time and, therefore, we ask you to check back periodically for the latest version of this Privacy Policy. If we implement material changes in the way we use your information,in a manner that is different from that stated at the time of collection,we will notify you by posting a notice on our Website or by other means and take any additional steps as required by applicable law.

  1. WHAT PERSONAL DATA WE COLLECT, WHY WE COLLECT IT, AND HOW IT IS USED

    1. We Process the Following Personal Data:

      1. Personal Information we collect about admin users on the Platform. If you are an admin user of a Customer, such Customer will provide us with your contact details (full name, title, email and telephone number, and any personal data that is directly correlated to the firm’s real estate investments).
      2. Personal Data we collect about End Users on the Platform. When a Customer has granted you access to the Platform, you will have the ability to provide, update, modify Personal Data that you choose to provide us. (Note: Personal Data that you provide to a Customer with whom you have a relationship is governed by the terms of your agreement with that Customer. In turn, any Personal Data that such Customer provides to us will be governed by the terms of a data processing agreement between such Customer and us.)
    2. We process information for the following purposes:

      1. if you are an administrator, to provide you access to the Platform. We will use the information, including, without limitation:

        1. to allow you to create an account;
        2. to provide you the Platform and to process your requests;
        3. to communicate with you about your use of the Platform and for support purposes;
        4. to fulfill any instruction or request made by you in the context of the Platform;
        5. to send you push notifications, and emails regarding your account or certain features of the Platform, including, updates pertaining to subscription;
        6. to personalize your experience with our Platform;
        7. to allow you to create more users and control access rights of such users; and
        8. generally to administer and improve the Platform.
      2. if you are an end user, to provide you access to the Platform and for other reasons. We will use the information, including, without limitation, to:

        1. to allow you to create an end-user account;
        2. to provide you access to the Platform and to process your requests;
        3. to communicate with you about your use of the Platform and for support purposes;
        4. to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Agora offerings,
        5. to send or have third parties sent you marketing communications;
        6. otherwise use or disclose such data in accordance with this published privacy policy, as may be updated from time to time.
    3. The lawful bases we rely on for processing personal data are (if and when applicable):

      1. You, as a data subject, have given consent to our processing of your Personal Data;
      2. Processing is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract, such as Customer’s or your request for more information, which may require the processing of Personal Data like contact information;
      3. Processing is necessary for compliance with a legal obligation to which we are subject;
      4. Processing is necessary for the purposes of our legitimate interest.
  2. HOW WE PROTECT AND RETAIN YOUR PERSONAL DATA

    1. Security. We have implemented and maintain reasonable technical, organizational and security measures designed to protect your 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.
    2. Retention of your information. Your information will be stored until we delete our records, and we proactively delete it, or if you send a valid deletion request. Please note that in some circumstances we may store your information for longer periods of time, for example

      1. where we are required to do so in accordance with legal, regulatory, tax or accounting requirements or
      2. for us to have an accurate record of your dealings with us in the event of any complaints or challenges, and/or
      3. if we reasonably believe there is a prospect of litigation relating to your information or dealings.
  3. HOW WE SHARE YOUR PERSONAL DATA

    We may share your information as follows:

    1. The information Agora gathers is shared with our partners and other third parties.
    2. We may also share information with our affiliated companies about you.
    3. We may use third party service providers to process your information for the purposes outlined above, including, without limitation:

      1. With cloud service providers for hosting purposes;
      2. With websites and web content creation platforms in order to help us manage our Website;
      3. With analytic companies, in order to help us understand and analyze information we collect in accordance with this policy;
    4. To the extent necessary, with regulators, courts, banks or competent authorities, to comply with applicable laws, regulations and rules, and requests of law enforcement, regulatory and other governmental agencies, or if required to do so by court order, as well as for internal compliance procedures and to protect the safety, security, and integrity of Agora, our Services, customers, employees, property, and the public.
    5. If, in the future, we sell or transfer, or we consider selling or transferring, some or all of our business, shares or assets to a third party, we may disclose your information to such third party (whether actual or potential) in connection with such events. In the event that we are acquired by, or merged with, a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer, disclose or assign your information in connection with the foregoing events.
    6. Where you have otherwise provided your consent to us for sharing or transferring your information.
  4. YOUR PRIVACY RIGHTS

    1. The following rights (which may be subject to certain exemptions or derogations) shall apply to certain individuals (some of which only apply to individuals protected by specific laws):
      1. You have the right to withdraw consent to the processing, where consent is the basis of processing.
      2. You have the right, under certain conditions, to access the personal data that we hold and request further details about how we process it.
      3. You have the right to demand rectification of inaccurate personal data about you. We will promptly correct any information found to be incorrect.
      4. You have the right to object to unlawful data processing under certain conditions.
      5. You have the right to the erasure of past data about you (your “right to be forgotten”) under certain conditions.
      6. You have the right, under certain conditions, to demand that we restrict the processing of your personal data if you believe we have exceeded the legitimate basis for processing, the processing is no longer necessary, or if you believe your personal data is inaccurate.
      7. You have the right, subject to certain conditions, to data portability of personal data concerning you that you provided us in a structured, commonly used, and machine-readable format.
      8. The personal data we collect is not used for automated decision-making and profiling, except for automated processes in the context of marketing. As stated above, you can opt out of direct marketing by Agora by contacting Agora directly or by following the instructions through the unsubscribe options in our email messages.
    2. You can exercise your rights by contacting us at [email protected]. You may use an authorized agent to submit a request on your behalf if you provide the authorized agent written permission signed by you. To protect your privacy, we may take steps to verify your identity before fulfilling your request. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly in accordance with applicable law 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 or verify your identity and for security purposes before processing and/or honoring your request. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. 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 initial requested, we will address your request to the maximum extent possible, all in accordance with applicable law.
  5. INTERNATIONAL TRANSFERS OF PERSONAL DATA

    1. We store the personal data with the following storing companies: AWS – Frankfurt – Germany.
    2. In order to run our business and provide our Website to you, we transfer personal data to certain countries around the world, including to our affiliates and service providers, many of whom are located outside of your jurisdiction, therefore your personal data may be processed in countries with privacy laws that are different from privacy laws in your country. whenever we make such transfers, we will use commercially reasonable efforts to implement an appropriate level of protection to your personal data by implementing at least one of the following safeguards:
      1. Making sure the destination country has been deemed to provide an adequate level of protection for personal data; and/or
      2. by executing implement data onward transfer instruments such as data processing and protection agreements.
  6. USE BY CHILDREN. We do not offer our products or services for use by children and, therefore, we do not knowingly collect information from, and/or about children under the age of 18. If you are under the age of 18, do not provide any information to us without the involvement of a parent or a guardian. In the event that we become aware that you provide information in violation of applicable privacy laws, we reserve the right to delete it. If you believe that we might have any such information, please contact us at [email protected].
  7. INTERACTION WITH THIRD PARTY PRODUCTS. We enable you to interact with third party websites,mobile software applications and products or services that are not owned,or controlled,by us (each,a “Third Party Service”). We are not responsible for the privacy practices or the content of such Third Party Services. Please be aware that Third Party Services can collect information from you. Accordingly,we encourage you to read the terms and conditions and privacy policies of each Third Party Service.
  8. ANALYTIC TOOLS

    • Mixpanel. We collect personal data such as your email address and your user activity through the use of Mixpanel. Mixpanel’s ability to use and share information is governed by the Mixpanel Terms of Use, available at https://mixpanel.com/terms/, and the Mixpanel Privacy Policy, available at https://mixpanel.com/privacy/. You can opt-out of Mixpanel’s services by clicking on the following link: https://mixpanel.com/optout/.
    • Hotjar.The Platform uses Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices (in particular device’s IP address (captured and stored only in anonymized form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), preferred language used to display our Website). Hotjar stores this information in a pseudonymized user profile. Neither Hotjar nor we will ever use this information to identify individual users or to match it with further data on an individual user. For further details, please see Hotjar’s privacy policy at https://www.hotjar.com/legal/policies/privacy. You can opt-out to the creation of a user profile, Hotjar’s storing of data about your usage of our Website and Hotjar’s use of tracking cookies on other websites on this link https://www.hotjar.com/legal/compliance/opt-out.
    • AppcuesWe use Appcues to create personalized communications with customers that are intended to improve the Services. Data collected through this service assists Agora with onboarding new customers,announcing new features and products,and collecting feedback from customers through surveys. Appcues is contractually prohibited from selling any data collected on our behalf. For further details,please see Appcues’ privacy policy.
    • We reserve the right to remove or add new analytic tools.
  9. SPECIFIC PROVISIONS APPLICABLE UNDER CALIFORNIA PRIVACY LAW

    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 information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected]. Please note that we are only required to respond to one request per customer each year.
    2. Our California Do Not Track Notice: We Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers, but, we may allow third parties, such as companies that provide us with analytics tools, to collect personally identifiable information about an individual consumer’s online activities over time and across different web sites when a user uses the Services.
  10. CONTACT US.If you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to first contact us at[email protected].
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