Privacy Policy

Effective Date: June 19, 2025
Last Updated: June 19, 2025

 

1. INTRODUCTION

Luxendary Inc. dba "AGINCY.COM" ("we," "us," "our," or "Company") is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website agincy.com, use our mobile application, or engage with our AI-AGI agent services (collectively, the "Service").

Please read this Privacy Policy carefully. By accessing or using our Service, you agree to the collection and use of information in accordance with this policy. If you do not agree with the terms of this Privacy Policy, please do not access or use our Service.

2. INFORMATION WE COLLECT

2.1 Personal Information You Provide
We collect information you voluntarily provide to us, including:

- Name and contact information (email address, phone number, mailing address)
- Account credentials (username, password)
- Company or organization information
- Payment and billing information
- Communications with our customer support team
- Content you submit for AI agent training or customization
- Feedback, survey responses, and testimonials
- SMS opt-in consent and mobile phone numbers

2.2 Information Collected Automatically
When you use our Service, we automatically collect certain information:

- Device information (IP address, browser type, operating system, device identifiers)
- Usage data (pages visited, time spent, click patterns, feature usage)
- Location information (general geographic location based on IP address)
- Cookies and similar tracking technologies
- Log files and analytics data
- AI agent interaction data and conversation logs

2.3 AI Agent Interaction Data
We collect and process:

- Conversation transcripts and chat logs with AI agents
- Voice recordings and audio data (when applicable)
- Training inputs and feedback provided to AI agents
- Performance metrics and usage analytics
- Custom configurations and preferences
- Integration data from connected third-party services

2.4 SMS and Communication Data
For our messaging program, we collect:

- Mobile phone numbers and carrier information
- SMS opt-in/opt-out preferences and timestamps
- Message delivery confirmations and read receipts
- Response interactions and engagement metrics

3. HOW WE USE YOUR INFORMATION

3.1 Service Provision
- Provide, operate, and maintain our AI-AGI agent services
- Process transactions and manage your account
- Deliver customer support and technical assistance
- Send service-related communications and notifications
- Customize and personalize your experience

3.2 AI Agent Training and Improvement
- Train and improve AI agent performance and accuracy
- Develop new features and capabilities
- Analyze usage patterns to optimize service delivery
- Create anonymized datasets for machine learning research
- Test and validate AI agent responses and behaviors

3.3 Communication and Marketing
- Send promotional emails and newsletters (with consent)
- Deliver SMS messages and alerts (with explicit opt-in)
- Provide product updates and service announcements
- Conduct surveys and request feedback
- Send security alerts and important notices

3.4 Legal and Business Operations
- Comply with legal obligations and regulatory requirements
- Prevent fraud, abuse, and security threats
- Protect our rights and enforce our Terms of Service
- Respond to legal requests and court orders
- Support business transfers or acquisitions

3.5 Analytics and Research
- Analyze service usage and performance metrics
- Conduct market research and competitive analysis
- Generate insights for business intelligence
- Improve our website and user interface
- Develop new products and services

4. INFORMATION SHARING AND DISCLOSURE

4.1 We Do Not Sell Your Personal Information
We do not sell, rent, or trade your personal information to third parties for monetary consideration.

4.2 Service Providers and Business Partners
We may share your information with trusted third parties who assist us in:

- Cloud hosting and data storage services
- Payment processing and billing management
- Email delivery and SMS messaging services
- Customer support and help desk solutions
- Analytics and performance monitoring tools
- AI model training and machine learning platforms

4.3 Legal Requirements
We may disclose your information when required by law or in good faith belief that such action is necessary to:

- Comply with legal process, subpoenas, or court orders
- Protect and defend our rights or property
- Prevent or investigate possible wrongdoing
- Protect the personal safety of users or the public
- Respond to government requests or regulatory inquiries

4.4 Business Transfers
In the event of a merger, acquisition, or sale of all or a portion of our assets, your personal information may be transferred to the acquiring entity, subject to the same privacy protections.

4.5 Consent-Based Sharing
We may share your information with third parties when you have given us explicit consent to do so.

5. SMS MESSAGING PRIVACY

5.1 Opt-In Requirements
- We only send SMS messages to users who have explicitly opted in
- Consent is obtained through website forms, keyword responses, or verbal agreement
- We maintain records of all opt-in timestamps and methods

5.2 Message Content and Frequency
- SMS messages include account notifications, service updates, and promotional content
- Message frequency: Up to 10 promotional messages per month; alerts as needed
- We do not share SMS content with third parties except as required by law

5.3 Opt-Out and Data Retention
- You can opt out at any time by texting "STOP" to 85432
- We retain SMS data for regulatory compliance and customer service purposes
- Opt-out requests are processed within 48 hours

5.4 Carrier and Cost Information
- Standard message and data rates from your wireless carrier may apply
- We are not responsible for carrier-related charges or delivery failures
- Supported carriers include major U.S. wireless providers

6. COOKIES AND TRACKING TECHNOLOGIES

6.1 Types of Cookies We Use
- Essential cookies: Required for basic site functionality
- Analytics cookies: Help us understand how users interact with our Service
- Preference cookies: Remember your settings and customizations
- Marketing cookies: Used for targeted advertising and retargeting

6.2 Third-Party Cookies
We may allow third-party service providers to place cookies on our Service for:
- Web analytics and performance monitoring
- Social media integration and sharing
- Advertising and marketing campaigns
- Customer support chat functionality

6.3 Managing Cookies
You can control cookies through your browser settings, but disabling certain cookies may limit Service functionality.

7. DATA SECURITY

7.1 Security Measures
We implement appropriate technical and organizational security measures to protect your personal information:

- Encryption of data in transit and at rest
- Secure data centers with physical access controls
- Regular security audits and vulnerability assessments
- Employee training on data protection and privacy
- Multi-factor authentication for system access
- Incident response and breach notification procedures

7.2 AI Data Security
- AI training data is anonymized and aggregated when possible
- Conversation logs are encrypted and access-controlled
- AI models are secured against unauthorized access or manipulation
- Regular updates and security patches for AI infrastructure

7.3 Security Limitations
While we strive to protect your information, no method of transmission over the Internet or electronic storage is 100% secure. We cannot guarantee absolute security.

8. DATA RETENTION

8.1 Retention Periods
- Account information: Retained while your account is active and for 7 years after closure
- Transaction records: Retained for 7 years for accounting and tax purposes
- SMS data: Retained for 3 years for compliance and customer service
- AI interaction data: Retained for 5 years for service improvement
- Marketing data: Retained until you opt out or for 3 years of inactivity

8.2 Deletion Procedures
We securely delete or anonymize personal information when it is no longer needed, except where longer retention is required by law.

9. YOUR PRIVACY RIGHTS

9.1 General Rights
You have the right to:
- Access the personal information we hold about you
- Request correction of inaccurate or incomplete information
- Request deletion of your personal information (with certain exceptions)
- Object to certain processing activities
- Request data portability in a machine-readable format
- Withdraw consent where processing is based on consent

9.2 California Privacy Rights (CCPA)
If you are a California resident, you have additional rights under the California Consumer Privacy Act:

- Right to know what personal information is collected and how it is used
- Right to delete personal information (with certain exceptions)
- Right to opt out of the sale of personal information (we do not sell your information)
- Right to non-discrimination for exercising your privacy rights

9.3 European Privacy Rights (GDPR)
If you are in the European Economic Area, you have rights under the General Data Protection Regulation:

- Right of access and data portability
- Right to rectification and erasure
- Right to restrict processing
- Right to object to processing
- Right to lodge a complaint with a supervisory authority

9.4 Exercising Your Rights
To exercise any of these rights, contact us at:
- Email: privacy@agincy.com
- Subject line: "Privacy Rights Request"
- Include: Your name, email address, and specific request details

We will respond to verified requests within 30 days (or as required by applicable law).

10. INTERNATIONAL DATA TRANSFERS

10.1 Cross-Border Transfers
Your information may be transferred to and processed in countries other than your country of residence. These countries may have different data protection laws.

10.2 Safeguards
When we transfer information internationally, we implement appropriate safeguards such as:
- Standard contractual clauses approved by relevant authorities
- Adequacy decisions by the European Commission
- Other legally recognized transfer mechanisms

11. CHILDREN'S PRIVACY

11.1 Age Restrictions
Our Service is not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13.

11.2 Parental Notice
If you are a parent or guardian and believe your child has provided us with personal information, please contact us at privacy@agincy.com.

11.3 Information Deletion
If we learn that we have collected personal information from a child under 13 without parental consent, we will delete that information promptly.

12. THIRD-PARTY LINKS AND SERVICES

12.1 External Links
Our Service may contain links to third-party websites or services. We are not responsible for the privacy practices of these external sites.

12.2 Third-Party Integrations
Our AI agents may integrate with third-party services. Your use of these integrations is subject to the privacy policies of those third parties.

12.3 Social Media
Our Service may include social media features. Your interactions with these features are governed by the privacy policies of the respective social media companies.

13. CALIFORNIA "SHINE THE LIGHT" LAW

California residents may request information about our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, contact us at privacy@agincy.com with "California Shine the Light Request" in the subject line.

14. NEVADA PRIVACY RIGHTS

Nevada residents have the right to opt out of the sale of covered personal information. We do not sell personal information as defined by Nevada law. If you have questions, contact us at privacy@agincy.com.

15. UPDATES TO THIS PRIVACY POLICY

15.1 Policy Changes
We may update this Privacy Policy from time to time to reflect changes in our practices, legal requirements, or business operations.

15.2 Notice of Changes
We will notify you of any material changes by:
- Posting the updated policy on our website
- Sending email notifications to registered users
- Displaying prominent notices on our Service
- Updating the "Last Updated" date at the top of this policy

15.3 Continued Use
Your continued use of our Service after any changes constitutes acceptance of the updated Privacy Policy.

16. CONTACT INFORMATION

16.1 Privacy Questions
If you have questions about this Privacy Policy or our privacy practices, contact us at:

Luxendary Inc. dba "AGINCY.COM"
Email: privacy@agincy.com
Website: agincy.com/privacy
Subject Line: "Privacy Inquiry"

16.2 Data Protection Officer
For GDPR-related inquiries, contact our Data Protection Officer at:
Email: dpo@agincy.com

16.3 Customer Support
For general questions about your account or our services:
Email: support@agincy.com

16.4 SMS Program Support
For SMS-related privacy questions:
Text "HELP" to 85432 or email support@agincy.com

17. ADDITIONAL STATE-SPECIFIC DISCLOSURES

17.1 Virginia Consumer Data Protection Act (VCDPA)
Virginia residents have rights similar to those under CCPA, including the right to access, correct, delete, and port personal data.

17.2 Connecticut Data Privacy Act (CTDPA)
Connecticut residents have the right to access, correct, delete, and port personal data, as well as opt out of certain processing activities.

17.3 Colorado Privacy Act (CPA)
Colorado residents have rights to access, correct, delete, and port personal data, and opt out of targeted advertising and sales.

17.4 Exercising State Rights
To exercise rights under any state privacy law, use the contact information in Section 16 above.

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QUICK REFERENCE

SMS Opt-Out: Text "STOP" to 85432
Privacy Requests: privacy@agincy.com
Data Protection Officer: dpo@agincy.com
Customer Support: support@agincy.com
Website: agincy.com/privacy

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This Privacy Policy is effective as of June 19, 2025. By using our Service, you acknowledge that you have read and understood this Privacy Policy.

Version: 1.0