Privacy Policy

Interpretation and Definitions

Interpretation

The words whose initial letters are capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

• Account means a unique account created for You to access Our Service or parts of Our Service.
• Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Business, for the purposes of the CCPA/CPRA, refers to the Company as the legal entity that collects Consumers' personal information, or on behalf of which such information is collected, and that alone, or jointly with others, determines the purposes and means of the processing of Consumers' personal information, and that does business in the State of California.
• CCPA and/or CPRA refers to the California Consumer Privacy Act (the "CCPA") as amended by the California Privacy Rights Act of 2020 (the "CPRA").
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Privacy Policy) refers to AGUDOMEDIA LLC, 835 WILSHIRE BLVD STE 500 #567, LOS ANGELES CA 90017.
• Consumer, for the purpose of the CCPA/CPRA, means a natural person who is a California resident.
• Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website, among its many uses.
• Country/State refers to: California, United States.
• Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
• Device means any device that can access the Service, such as a computer, a cell phone or a digital tablet.
• Do Not Track (DNT) is a concept that has been promoted by U.S. regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing Internet users to control the tracking of Their online activities across websites.
• GDPR refers to the EU General Data Protection Regulation.
• Personal Data (or "Personal Information") is any information that relates to an identified or identifiable individual.
• Service refers to the Website.
• Service Provider means any natural or legal person who processes the data on behalf of the Company.
• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself.
• User means any individual who accesses or uses the Service.
• Website refers to Joscel James, accessible from josceljames.com.
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

We use "Personal Data" and "Personal Information" interchangeably unless a law uses a specific term.

Collecting and Using Your Personal Information

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Phone number
• Address, State, Province, ZIP/Postal code, City

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of Our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device's unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

Tracking Technologies and Cookies

We use tracking technologies (such as cookies) to track the activity and to improve Our Service. The technologies We use may include:

• Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of Our Service.
• Web Beacons. Certain sections of Our Service may contain small electronic files known as web beacons that permit the Company, for example, to count users who have visited those pages and for other related website statistics.

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.

Where required by law, We use non-essential cookies only with Your consent. You can withdraw or change Your consent at any time through Your browser/device settings.

We use both Session and Persistent Cookies for the purposes set out below:

• Necessary / Essential Cookies
  Type: Session Cookies
  Administered by: Us
  Purpose: These Cookies are essential to provide You with services available through the Website.
• Cookies Policy / Notice Acceptance Cookies
  Type: Persistent Cookies
  Administered by: Us
  Purpose: These Cookies identify whether users have accepted the use of cookies on the Website.
• Functionality Cookies
  Type: Persistent Cookies
  Administered by: Us
  Purpose: These Cookies allow Us to remember choices You make when You use the Website.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

• To provide and maintain Our Service, including to monitor the usage of Our Service.
• To manage Your Account: to manage Your registration as a user of the Service.
• For the performance of a contract: the development, compliance and undertaking of the purchase contract.
• To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication.
• To provide You with news, special offers, and general information about other goods, services and events.
• To manage Your requests: To attend and manage Your requests to Us.
• For business transfers: We may use Your Personal Data to evaluate or conduct a merger, divestiture, restructuring, or other sale or transfer of some or all of Our assets.
• For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, and improving Our Service.

Text Messages Privacy Notice

You have the option to receive text (SMS) messages from Us. If You opt in to text messages, We will send You updates, notifications, and other communications as described below.

No mobile information will be shared with or sold to third parties or affiliates for marketing or promotional purposes. The phone numbers and consent records We collect for texting are never shared with anyone for any purpose, except the Service Providers that technically have to handle them to deliver the texts.

Consent to receive text messages is not a condition of any purchase or use of Our Service. Reply STOP to opt-out. Reply HELP for support. Message & data rates may apply. Messaging frequency may vary. Carriers are not liable for delayed or undelivered messages.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We apply different retention periods to different categories of Personal Data based on the purpose of processing and legal obligations:

• Account Information
  User Accounts: retained for the duration of Your Account relationship plus up to 24 months after account closure.
• Customer Support Data
  Support tickets and correspondence: up to 24 months from the date of ticket closure.
  Chat transcripts: up to 24 months for quality assurance and staff training purposes.
• Usage Data
  Website analytics data: up to 24 months from the date of collection.
  Server logs: up to 24 months for security monitoring and troubleshooting purposes.

You may request information about how long We will retain Your Personal Data by contacting Us.

When retention periods expire, We securely delete or anonymize Personal Data.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located.

Where required by applicable law, We will ensure that international transfers of Your Personal Data are subject to appropriate safeguards.

Delete Your Personal Data

You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.

Please note, however, that We may need to retain certain information when We have a legal obligation or lawful basis to do so.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law Enforcement

Under certain circumstances, the Company may disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities.

Other Legal Requirements

The Company may disclose Your Personal Data in the good-faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While We strive to use commercially reasonable means to protect Your Personal Data, We cannot guarantee its absolute security.

GDPR Privacy

Legal Basis for Processing Personal Data under GDPR

We may process Personal Data under the following conditions:

• Consent
• Performance of a contract
• Legal obligations
• Vital interests
• Public interests
• Legitimate interests

Where the provision of Personal Data is a statutory or contractual requirement, We will make this clear at or before the point of collection.

International Transfer of Personal Data

We may transfer, store, and process Personal Data in countries other than the country in which You are located, including countries outside the EEA and UK. We rely on appropriate safeguards, such as Standard Contractual Clauses and encryption.

Your Rights under the GDPR

The Company undertakes to respect the confidentiality of Your Personal Data.

• Request access to Your Personal Data.
• Request restriction of processing.
• Request correction of the Personal Data that We hold about You.
• Object to processing of Your Personal Data.
• Request erasure of Your Personal Data.
• Request the transfer of Your Personal Data.
• Withdraw Your consent.

Exercising of Your GDPR Data Protection Rights

You may exercise any of the rights described above by contacting Us. We generally respond within one month.

You have the right to complain to a supervisory authority about Our collection and use of Your Personal Data.

Automated Decision-Making

We do not make decisions based solely on automated processing that produce legal effects concerning You or similarly significantly affect You.

CCPA/CPRA Privacy Notice (California Privacy Rights)

This privacy notice section for California residents supplements the information contained in Our Privacy Policy and applies solely to visitors, users, and others who reside in the State of California.

Categories of Personal Information Collected

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device.

• Category A: Identifiers. Collected: Yes.
• Category B: Personal information categories listed in the California Customer Records statute. Collected: Yes.
• Category C: Protected classification characteristics. Collected: No.
• Category D: Commercial information. Collected: No.
• Category E: Biometric information. Collected: No.
• Category F: Internet or other similar network activity. Collected: Yes.
• Category G: Geolocation data. Collected: No.
• Category H: Sensory data. Collected: No.
• Category I: Professional or employment-related information. Collected: No.
• Category J: Non-public education information. Collected: No.
• Category K: Inferences drawn from other personal information. Collected: No.
• Category L: Sensitive personal information. Collected: No.

Sources of Personal Information

We obtain the categories of personal information listed above from the following sources:

• Directly from You
• Indirectly from You
• Automatically from You
• From Service Providers

Use of Personal Information

We may use or disclose Personal Information We collect for "business purposes" or "commercial purposes" as defined under the CCPA/CPRA.

Disclosure of Personal Information

We may use or disclose and may have used or disclosed in the last twelve (12) months the following categories of Personal Information for business or commercial purposes:

• Category A: Identifiers
• Category B: Personal information categories listed in the California Customer Records statute
• Category F: Internet or other similar network activity

Categories of Recipients to Whom We Disclose Personal Information

• Category A: Identifiers — Service Providers, Our affiliates, and third-party vendors.
• Category B: Personal information categories — Service Providers, Our affiliates, and third-party vendors.
• Category F: Internet or other similar network activity — Service Providers, including analytics providers, Our affiliates, and third-party vendors.

Sale or Sharing of Personal Information

We have not sold or shared Personal Information of California residents in the preceding twelve (12) months, and We do not sell or share Personal Information as those terms are defined in the CCPA/CPRA.

Retention of Personal Information

We retain California residents' Personal Information for as long as reasonably necessary to achieve the purposes described in this Privacy Policy.

Personal Information of Minors Under 16 Years of Age

We do not knowingly collect personal information from minors under the age of 16 through Our Service.

Your Rights under the CCPA/CPRA

The CCPA/CPRA provides California residents with specific rights regarding their personal information:

• The right to notice
• The right to know/access
• The right to say no to the sale or sharing of Personal Information (opt-out)
• The right to correct Personal Information
• The right to limit use and disclosure of sensitive Personal Information
• The right to delete Personal Information
• The right not to be discriminated against

Exercising Your CCPA/CPRA Data Protection Rights

Only You or an authorized agent acting on Your behalf may make a verifiable request relating to Your Personal Information. We will respond no later than 45 calendar days after receipt.

Do Not Sell or Share My Personal Information

We have not sold or shared Personal Information of California residents in the preceding twelve (12) months, and We do not sell or share Personal Information as those terms are defined in the CCPA/CPRA.

Limit the Use or Disclosure of My Sensitive Personal Information

We do not collect or use sensitive Personal Information for purposes other than those specified in the CCPA/CPRA and its implementing regulations.

"Do Not Track" Policy as Required by California Online Privacy Protection Act (CalOPPA)

Our Service does not respond to Do Not Track signals.

Your California Privacy Rights (California's Shine the Light law)

Under California Civil Code § 1798.83, California residents with an established business relationship with Us can request information once a year about sharing their Personal Data with third parties for the third parties' direct marketing purposes. We do not disclose California customers' Personal Information to third parties for those purposes.

California Privacy Rights for Minor Users

California Business and Professions Code Section 22581 allows California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.

Children's and Minors' Privacy

The Service is not directed to, and We do not knowingly collect Personal Information from, anyone under the age of 16.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. We strongly advise You to review the Privacy Policy of every site You visit.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

Contact Us

If You have any questions about this Privacy Policy, you can contact Us by visiting this page on Our Website: josceljames.com or by email at hi@josceljames.com.