PRIVACY POLICY

This Privacy Policy (“Privacy Policy”) explains how information is collected and used by Agado Live Ltd. (“Agado” or “we”, “us”, “our”).

This Privacy Policy applies to Agado Live, a telehealth & remote wellness platform for practitioners who purchased the right to use the Service (the “Practitioner”) and their participants (“Participant”) (collectively, “Users”, “You”), that includes Agado websites, web applications and mobile applications (the “Service”). By accepting this Privacy Policy, you give us informed consent to collect and process your personal data, and use it as explained in this Privacy Policy.

We are committed to protecting and respecting data privacy. Please read this Privacy Policy carefully.

KEY POINTS OF THE PRIVACY POLICY

The following key points are for your reading convenience and does not substitute the full Privacy Policy below.

You may use the Service only after registering as a user. Upon your registration to the Service, you will be asked to provide information such as your full name, email address, phone number, payment information and any medical condition affecting movement. You may also, at your sole discretion, provide us your age, gender and user profile photo.
Users who wish to register through a Third-Party Provider Account, may do so by using their Google or Facebook account. Registering with one of these accounts will allow us to collect your account profile information.
We may also collect your Device Data and other general data.
We will store and process the information we collect about you for the purposes of providing you with our Service, developing our Service, and creating aggregated and de-identified information other commercial purposes. We will not process the data for other purposes not mentioned in this Privacy Policy without obtaining your prior consent.
Your information may be handled by our service providers for the purpose of maintaining the Service. We may also share your information with other third-parties, if you chose to do so, and in the event of a merger or acquisition, or if we are required to do so by law or for other legal reasons.
We may process your personal information outside your jurisdiction. In such case, we will abide by data transfer rules applicable to these situations.
If you are an EU / UK resident, you have certain rights regarding your information, such as the right to access, rectify or delete it. You can exercise your rights by contacting us at privacy@agadolive.com.
If you are a resident of the State of California, you may have additional rights as detailed in the Privacy Policy. You can exercise your rights by contacting us at privacy@agadolive.com.
We may change this Privacy Policy from time to time, and will inform you of such changes. Your continued use of the Service after being notified of the changes, indicates your consent to the new policy.

PERSONAL DATA PROCESSED

We collect and process information you provide when you register to our Service directly or through a Third-Party Provider Account

Registration to the Service is mandatory. To use the Services, we collect and process some personal information about you, which you or your organization have provided to us when registering to our Services, including your full name, email address, phone number, payment information and any medical condition affecting movement. You may also, at your sole discretion, provide us with your age, gender and user profile photo. If you decide to register to the Service or share Your Content through third party providers, such as Google or Facebook (“Third Party Provider Account”), we your data shared with us through the Third Party Provider Account, such as you user profile photo, subject to your privacy settings with the Third Party Provider Account.

We refer to this as “Registration Information”.

We collect and process the Content you decided to share on and from the Service

The Service allows users to publicly share their live videos recordings and leaderboard score with other users, and to publicly share them through their social media accounts. If you choose to do so, we shall collect and process and Your Content, via the Service or, in accordance with to your preferences, with the social media account you used.

We refer to this as “Your Content”.

We collect and process your Payment Information when you submit a payment for the Service

We work with third party payment providers, such as Stripe, to process the payments you make the Service (Payment Providers”). When you make a payment for our Service, we receive basic billing and payment information from the Payment Processors including your full name, billing address and payment confirmation . We do not receive your credit card information and do not keep it on our records.

We refer to this as “Payment Information”.

We collect and process your Device Data

We may collect general data of your device, such as your internal log data (Service usage log), system clock, touch screen and keyboard, Wi-Fi, cellular and geolocation (IP address only), camera and Audio/speaker settings.

We refer to this as “Device Data”.

We will process feedbacks and reviews you provide

You can provide us feedback or troubleshooting through social media channels, by sending an e-mail to any of our designated addresses, leaving reviews in the App store or any other form of communication. We will process the data you choose to provide, which may include your name, email address and the content of your feedback.

We refer to this as “Feedback Information”.

We collect and process measurements regarding your use of the Service

When you use the Service, we record and collect meta-data such time and date of access, language used, buttons and links clicked, and interactions with the Service through Google Analytics, Google Ads, as well as through our own internal event tracking system.

We refer to this entire data as “Analytics Information”.

We will collect and process statistical information regarding your use of the Service

When you use the Service, we record and collect through our own internal event tracking system statistical information, such as general session info, including time connected/disconnected from session, time camera started/stopped, average session movement, etc. and (2) depersonalized statistical info on the way people move, flexibility ranges, gait types, etc.

We refer to this as “Statistical Information”.

HOW YOUR PERSONAL DATA IS USED

We will not share your information with third parties, except in the events listed below or when you provide us your explicit and informed consent.

We will process your Registration information to provide you with the Service

We store and use your Registration Information, Device Data, Your Content, Analytics Information and Statistical Information in order to provide you the functionality of the Service, such as to provide personal service statistics to users and instructors, add your own content, or to share Your Content with third party providers if you decide to do so, including by methods of profiling and behavior tracking.

We will process your Payment Information to administer the transaction you make for our Service

We process your Payment Information in order to provide you with the bank of available hours for our Service.

We use the Analytics Information and Feedback Information for developing and enhancing the Service, prevent fraud, resolve disputes, and troubleshoot problems and related purposes

We process the Analytics Information and Feedback Information to assess the Service performance, maintain and improve the Service, for quality assurance and for development and enhancement of the Service.

We will also use the Analytics Information and Feedback Information to prevent fraud and abuse, resolve disputes, troubleshoot problems, assist with any investigations, and enforce our terms of Service.

We will process your Statistical Information to develop and enhance the Service and to compile aggregated data and/or statistics

We process your Statistical Information to develop and enhance the Service, and to compile aggregated and de-identified data and/or statistic for other commercial purposes.

WHOM WE SHARE YOUR DATA WITH

We will not share your information with third parties, except in the events listed below or when you provide us your explicit and informed consent.

We will process information with our service providers helping us to operate the Service

We will process your Information with the assistance of our service providers, such as Google, Microsoft and Amazon.

These companies are authorized to use your personal information in this context only as necessary to provide you with the Service and not for their own business purposes.

If you make a transaction and pay using Payment Providers, we will share your information with them.

We will share your basic billing and payment information, including your full name, billing address and payment confirmation with Payment Providers, such as Stripe, in the course of your use of their payment services.

We will share information with third parties such as social media platforms if you choose to do so

At your choice, and in according to your preferences, we may share Your Content via your chosen social media account and with other users within the Service.

We will share information with competent authorities, if you abuse your rights to use the Service, or violate any applicable law

If you have abused your rights to use the Service, or violated any applicable law, we will share information with competent authorities and with third parties (such as legal counsels and advisors), for the purpose of handling of the violation or breach.

We will share your information if we are legally required to do so

We will share your information if we are required to do so by a judicial, governmental or regulatory authority.

We will share your Information with third parties in any event of change in our structure

If the operation of our business is organized within a different framework, or through another legal structure or entity (such as due to a merger or acquisition), we will share information only as required to enable the structural change in the operation of the business.

We do not sell or share your information.

We do not sell or share your personal information or share your personal information for cross-behavioral advertising, nor have we done so in the past 12 months.

COOKIES AND OTHER TRACKERS

We use various types of cookies and other types of trackers, which help us to administer and operate the Service.

These trackers are mainly used to develop and enhance the Service, and to learn marketing effectiveness, as explained above.

If you wish to block cookies, you may do so through your device’s settings. You can delete cookies that are already on your device and you can set your browser to prevent them from being placed going forward. Please refer to the browser's help menu for further information. Please also bear in mind that disabling cookies may adversely affect your user experience on the Service.

For more information about Google cookies, click here. For information about opting-out of Google cookies, click here. For more information about Facebook cookies, and about opting-out, click here.

SECURITY AND DATA RETENTION

We will retain your Information for as long as we need it for our research and business purposes, and thereafter as needed for record-keeping matters

We will retain your Information for the duration needed to conduct our research and support our ordinary business activities operating the Service. Thereafter, we will still retain it as necessary to comply with our legal obligations, resolve disputes, establish and defend legal claims and enforce our agreements.

We implement measures to secure your information

We implement some measures to reduce the risks of damage, loss of information and unauthorized access or use of information, such as SSL and TSL encryption, database encryption, continuous backups, etc. In any event, these measures do not provide absolute information security. Therefore, although efforts are made to secure personal information, it is not guaranteed, and you cannot expect that the Service will be immune from information security risks.

INTERNATIONAL DATA TRANSFERS

We will internationally transfer information in accordance with applicable data protection laws

If we transfer your personal data for processing at locations outside your jurisdiction, we will abide by data transfer rules applicable to these situations.

ADDITIONAL INFORMATION FOR INDIVIDUALS IN THE UK OR THE EUROPEAN ECONOMIC AREA

Agado is the data controller of the personal information collected via our Service

Agado is the data controller for the purposes of the personal data we collect via the Service. We determine the purposes and means of processing that data as part of our Service:

Agado’s contact information

Our contact information is:

Agado Live Ltd.

12. HaUmanim st, Tel Aviv 6789731, Israel

We will transfer your information internationally in manners consistent with applicable data protection laws

Information we collect from you will be processed within the United States and the European Union.

Because we transfer your information from within Europe to other jurisdictions outside Europe, we will do so done using adequate safeguards consistent with those determined by the EU Commission and the UK Information Commissioner’s Office (ICO).

Legal basis under EU/EEA law for processing your personal data

The legal basis for collecting and processing your Registration Information, Payment Information, Your Content, and Statistical Information, is the performance of our contract with you, our legitimate interests in providing you with the Service and tailoring the Service to your preferences.

The legal basis for processing your Analytics Information, Statistical Information, Feedback Information and Device Data, is our legitimate interest in providing, maintaining, developing, and enhancing the Service and our business development.

The legal basis for processing your Analytics Information and Registration Information for the purpose of handling instances of abusive use of the Service is our legitimate interests in defending and enforcing against violations and breaches that are harmful to our business.

The legal basis for sharing your information with competent authorities, or other third parties, if you violated the law or abused your rights to use the Service, is our legitimate interest in protecting our business from abuses and violation of law.

The legal basis for required disclosures of your information to a judicial, governmental, or regulatory authority is our legitimate interest in complying with mandatory legal requirements imposed on us.

The legal basis for us processing your data in the event of a change in our corporate structure is our legitimate interests in our business continuity.

You have certain rights to access, update or delete your information, withdraw your consent, obtain a copy of your information, and object or restrict certain data processing activities

If you are in the EU or the UK, you have the following rights under the GDPR:

Right to Access your personal data that we process and receive a copy of it.

Right to Rectify inaccurate personal data we have concerning you and to have incomplete personal data completed.

Right to Withdraw your consent where processing your data is based on consent. Such withdrawal of consent will not impact the data processed on that basis before the withdrawal of your consent.

Right to Data Portability, that is, to receive the personal data that you provided to us, in a structured, commonly used, and machine-readable format. You have the right to transmit this data to another service provider. Where technically feasible, you have the right that your personal data be transmitted directly from us to the service provider you designate.

Right to Object, based on your particular situation, to using your personal data on the basis of our legitimate interest. However, we may override the objection if we demonstrate compelling legitimate grounds, or for the establishment, exercise of defense of legal claims.

Right to Restrict the processing your personal data (except for storing it) if you contest the accuracy of your personal data, for a period enabling us to verify its accuracy; if you believe that the processing is unlawful and you oppose the erasure of the personal data and request instead to restrict its use; if we no longer need the personal data for the purposes outlined in this Policy, but you require them to establish, exercise or defense relating to legal claims, or if you object to processing, pending the verification whether our legitimate grounds for processing override yours.

Right to be Forgotten. Under certain circumstances, such as when you object to us processing your data and we have no compelling legitimate grounds to override your objection, you have the right to ask us to erase your personal data. However, we may still process your personal data if it is necessary to comply with a legal obligation that we are subject to under laws in EU Member States or for the establishment, exercise or defense of legal claims.

If you wish to exercise any of these rights, contact us at privacy@agadolive.com.

We reserve the right to ask for reasonable evidence to verify your identity before we provide you with information. Where we are not able to provide you with information that you have asked for, we will explain the reason for this.

You have a right to submit a complaint to the relevant supervisory data protection authority

Subject to applicable law, you have the right to lodge a complaint with your local data protection authority. If you are in the EU, then according to Article 77 of the GDPR, you can lodge a complaint to the supervisory authority, in particular in the Member State of your residence, place of work or place of alleged infringement of the GDPR. For a list of supervisory authorities in the EU, click here.

If you are in the UK, you can lodge a complaint to Information Commissioner’s Office (ICO) pursuant to the instructions provided here.

ADDITIONAL INFORMATION FOR INDIVIDUALS IN CALIFORNIA

Below is a detailed description of the information we collect from users of our Service and the business or commercial purposes for which we use each category of personal information. This is also the information we have collected in the past 12 months.

Categories of personal information and source from which the information is collectedSpecific Types of Personal Information CollectedBusiness or commercial purposes pursuant to the CPRASpecific purposes

Identifiers such as a full name, online identifier, internet protocol address, email address and account name – collected directly from you.As described above in the “Personal Data Processed” section.

Undertaking activities to verify or maintain the quality of the Service and to improve, upgrade or enhance the Service.

Undertaking internal research for technological development and demonstration.

Verifying User information on behalf of Third Party Providers and Payment Providers, fulfilling and processing transactions on behalf of Payment Providers.

Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.

Debugging to identify and repair errors.

As specified above in the “How Your Personal Data is Used” section.

Audio and visual information

Internet or other electronic network activity information – collected through the device you use to access the Service.

Commercial information, including records of services purchased

Customer records information, including credit card number

Inferences, such as Behaviors, Characteristics, Abilities

We do not sell your personal information and have not done so in the past 12 months.

Your rights under the CPRA if you are a resident of California:

Knowing the personal information we collect about you.

You have the right to know:

The categories of personal information we have collected about you;
The categories of sources from which the personal information is collected;
Our business or commercial purpose for collecting personal information;
The categories of third parties with whom we share personal information, if any; and
The specific pieces of personal information we have collected about you.

Right to deletion.

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:

Delete your personal information from our records; and
Direct any service providers to delete your personal information from their records.

Please note that we may not delete your personal information if it is necessary to:

Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
Help to ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for those purposes;
Debug to identify and repair errors that impair existing intended functionality;
Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
Comply with the California Electronic Communications Privacy Act;
Engage in public or peer-reviewed scientific, historical, or statistical research that conforms or adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the ability to complete such research, provided we have obtained your informed consent;
Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
Comply with an existing legal obligation

We also will deny your request to delete if it proves impossible or involves disproportionate effort, or if another exception to the CPRA applies. We will provide you a detailed explanation that includes enough facts to give you a meaningful understanding as to why we cannot comply with the request to delete your information.

Right to correct inaccurate personal information

If we receive a verifiable request from you to correct your information and we determine the accuracy of the corrected information you provide, we will correct inaccurate personal information that we maintain about you.

In determining the accuracy of the personal information that is the subject of your request to correct, we will consider the totality of the circumstances relating to the contested personal information.

We also may require that you provide documentation if we believe it is necessary to rebut our own documentation that the personal information is accurate.

We may deny your request to correct in the following cases:

We have a good-faith, reasonable, and documented belief that your request to correct is fraudulent or abusive.
We determine that the contested personal information is more likely than not accurate based on the totality of the circumstances.
Conflict with federal or state law.
Other exception to the CPRA.
Inadequacy in the required documentation.
Compliance proves impossible or involves disproportionate effort.

We will provide you a detailed explanation that includes enough facts to give you a meaningful understanding as to why we cannot comply with the request to correct your information.

Protection against discrimination

You have the right to not be discriminated against by us because you exercised any of your rights under the CPRA.

Exercising your CPRA rights by yourself or through an authorized agent

If you would like to exercise any of your CPRA rights as described in this Privacy Policy, please email us at privacy@agadolive.com or through our contact form at www.agadolive.com.

We will ask you for additional information to confirm your identity and for security purposes, before disclosing the personal data requested to you, by using a two or three points of data verification process, depending on the type of information you require and the nature of your request.

We may ask you for additional information to confirm your identity and for security purposes, before disclosing the personal data requested to you, by using a two or three points of data verification process, depending on the type of information you require.

You may also designate an authorized agent to make a request under the CPRA on your behalf. To do so, you need to provide the authorized agent with written permission to do so and the agent will need to submit to us proof that they have been authorized by you. We will also require that you verify your own identity, as explained below.

Do Not Track

Our Do Not Track Notice. We do not currently respond or take any action with respect to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of Personal Data about a Merchant’s and Website Visitors’ online activities over time and across third-party web sites or online services. We do allow third parties who provide us with analytics tools, to collect Personal Data about a Merchant’s and Website Visitors’’ online activities when a Merchant or a Website Visitor uses the Service.

MINORS

The Service is not directed to users under 13

The Service is not directed to users under the age of 13. We do not knowingly collect information or data from children under the age of 13 or knowingly allow children under the age of 13 to use the Service. Additional age restrictions may apply in your country.

CHANGES TO THIS PRIVACY POLICY

If we change this Privacy Policy, we will make efforts to proactively notify you of such changes

From time to time, we may change this Privacy Policy. If we do so, we will make efforts to proactively notify you of such changes. In any event, the latest version of the Privacy Policy will always be accessible through the Service. Your continued use of the Service after being notified of the changes, indicates your consent to the new policy.

Last Update: April 2023