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Legal

Effective date: Aug 26, 2020

Developer Privacy Policy

We at Magic know you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our Privacy Policy. By using or accessing the Site in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways.

Remember that your use of Magic’s Site is at all times subject to the Developer Terms of Service, which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Developer Terms of Service. This Privacy Policy does not govern Magic’s treatment of personally identifiable information obtained from use of any of Magic’s services, which are subject to a separate services agreement to be signed between any user of the services and Magic.

 

What does this Privacy Policy cover?

This Privacy Policy covers our treatment of personally identifiable information (“Personal Information”) that we gather when you are accessing or using our Site, but not to the practices of companies we don’t own or control, or people that we don’t manage.

As noted in the Developer Terms of Service, we do not knowingly collect or solicit personal information from anyone under the age of 16. If you are under 16, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at privacy@magic.link.

 

Will Magic ever change this Privacy Policy?

We're constantly trying to improve our Site, so we may need to change this Privacy Policy from time to time as well, but we will alert you to changes by posting a banner on this Site and/or by some other means. If you use the Site after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used.

 

What Information does Magic Collect?

  • Information You Provide to Us

    • We receive and store any information you knowingly provide to us. The Site may contain a feature that permits you to provide us with your email and/or domain address or Github public information or send us an email message. We will only use your email address to send you messages regarding Magic’s business; if you do not want to receive further emails from us, please click the “unsubscribe” link in any such message. We will not require any personally identifiable information from you during your use of the Site.
  • Information Collected Automatically

    • Magic will collect information during your visit to the Site through automatic data collection tools, including cookies, such as your IP address and clickstream behavior).

 

Will Magic Share Any of the Personal Information it Receives?

  • Magic may freely use this information for its business purposes, and may disclose such information, in a form that does not personally identify you, to any other person or entity. We may share statistical or aggregated non-personal information about our users with advertisers, business partners, sponsors and other third parties. This data is used to customize Magic website content and advertising to deliver a better experience to our users. Magic may also share any information (personally identifiable or otherwise) it may have collected if Magic believes it is necessary to:

    • (a) comply with law or court order or
    • (b) protect and/or defend Magic’s rights, safety, or property, or those of any other person or entity.
  • If we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, personal information collected as described in this Privacy Policy could be one of the assets transferred to or acquired by a third party. The Site is not directed to children and if you are under 16, you may not provide Magic with any personally identifiable information about you whatsoever. If Magic discovers it has collected any personally identifiable information regarding a child under 16, without verifiable parental consent in accordance with the Children’s Online Privacy Protection Act, Magic will immediately delete such information.

 

Is Personal Information about me secure?

We endeavor to protect the privacy of your Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Information to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at privacy@magic.link.

We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.

 

EU Residents

If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.

For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Magic will be the controller of your Personal Data processed in connection with the Site.

If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at privacy@magic.link.

 

What Personal Data Do We Collect From You?

We collect Personal Data about you when you provide such information directly to us, when third parties such as our business partners or service providers provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of our Site.

  • Information we collect directly from you: We receive Personal Data directly from you when you provide us with such Personal Data, including without limitation the following:

    • Email address
    • Github public information
  • Information we automatically collect when you use our Site: Some Personal Data is automatically collected when you use our Services, such as the following:

    • IP address
    • Device identifiers
    • Web browser information
    • Page view statistics
    • Browsing history
    • Usage information
    • Cookies and other tracking technologies (e.g. web beacons, pixel tags, SDKs, etc.)
    • Location information (e.g. IP address)
    • Log data (e.g. access times, hardware and software information)

 

How Do We Use Your Personal Data?

We process Personal Data to operate, improve, understand and personalize our Site. For example, we use Personal Data to:

  • Create and manage user profiles
  • Communicate with you to process orders
  • Provide support and assistance for the Services
  • Personalize website content and communications based on your preferences
  • Meet contract or legal obligations
  • Respond to user inquiries
  • Fulfill user requests
  • Comply with our legal or contractual obligations
  • Resolve disputes
  • Protect against or deter fraudulent, illegal or harmful actions
  • Enforce our Terms of Service

We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.

  • Contractual Necessity: We process the following categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to provide you with more information about our services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to obtain more information about our services.
    • Email address
    • Github public information
  • Legitimate Interest: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties.

    • IP address
    • Device identifiers
    • Web browser information
    • Page view statistics
    • Browsing history
    • Usage information
    • Cookies and other tracking technologies (e.g. web beacons, pixel tags, SDKs, etc.)
    • Location information (e.g. IP address)
    • Log data (e.g. access times, hardware and software information)
  • Examples of these legitimate interests include:

    • Operation and improvement of our business, products and services
    • Marketing of our products and services
    • Provision of customer support
    • Protection from fraud or security threats
    • Compliance with legal obligations
    • Completion of corporate transactions
  • Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.

  • Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

 

How and With Whom Do We Share Your Data?

We share Personal Data with vendors, third party service providers and agents who work on our behalf and provide us with services related to the purposes described in this Privacy Policy or our Developer Terms of Service. These parties include:

  • Payment processors
  • Fraud prevention service providers
  • Analytics service providers
  • Staff augmentation and contract personnel
  • Hosting service providers
  • Co-location service providers
  • Telecommunications service providers

We also share Personal Data when we believe it is necessary to:

  • Comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies
  • Protect us, our business or our users, for example to enforce our Developer Terms of Service, prevent spam or other unwanted communications and investigate or protect against fraud
  • Maintain the security of our products and services

We also share information with third parties when you give us consent to do so.

Furthermore, if we choose to buy or sell assets, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party, and we would share Personal Data with the party that is acquiring our assets. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.

 

How Long Do We Retain Your Personal Data?

We retain Personal Data about you for as long as necessary to provide you information. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.

 

What Security Measures Do We Use?

We seek to protect Personal Data using appropriate technical and organizational measures based on the type of Personal Data and applicable processing activity. For example, Magic secures the personally identifiable information you provide in a controlled, secure environment and protected from unauthorized access. Your account is protected by Github’s secure OAuth login integration for your privacy and security using the modern encryption techniques. Magic regularly audits its system for any possible security vulnerabilities to safeguard Personal Data. Magic protects the security of your information during transmission by using Transport Layer Security (TSL/SSL), which encrypts all information that you input.

 

What Rights Do You Have Regarding Your Personal Data?

You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email privacy@magic.link. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.

  • Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. You can also access certain of your Personal Data by visiting Magic’s developer account settings view.

  • Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can correct some of this information directly by editing them on Magic’s developer account settings view.

  • Erasure: You can request that we erase some or all of your Personal Data from our systems.

  • Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.

  • Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.

  • Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes.

  • Restriction of Processing: You can ask us to restrict further processing of your Personal Data.

  • Right to File Complaint: You have the right to lodge a complaint about Magic’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.

 

Transfers of Personal Data

The Site is hosted and operated in the United States (“U.S.”) through Magic and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Site and providing your information, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Magic in the U.S. and will be hosted on U.S. servers. You hereby consent to and authorize Magic to transfer, store and process your information to and in the U.S., and possibly other countries.

 

What If You Have Questions Regarding Your Personal Data?

If you have any questions about this section or our data practices generally, please contact us using the following information:

  • Name: Shang Li
  • Physical address: 3739 Balboa St # 1088, San Francisco, CA 94121
  • Email address for contact: sean@magic.link
  • Designated representative and contact information:
    • Dr. Axel Freiherr von dem Bussche, LL.M. (L.S.E.)
      • Rechtsanwalt Fachanwalt fĂĽr Informationstechnologierecht
    • Taylor Wessing Partnerschaftsgesellschaft mbB
      • Address: Hanseatic Trade Center, Am Sandtorkai 41, 20457 Hamburg
      • Tel: +49 40 36803-0
      • Fax: +49 40 36803-280
      • Site: www.taylorwessing.com
  • Data Protection Officer and contact information: N/A

 

What if I have questions about this policy?

If you have any questions or concerns regarding our privacy policies, please send us a detailed message to privacy@magic.link, and we will try to resolve your concerns.

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