Effective date: September 22, 2022
WHAT IS PERSONAL INFORMATION?
OUR COLLECTION OF PERSONAL INFORMATION
At times, we collect personal information automatically when an individual interacts with our Services, directly from an individual, or about an individual from other sources and third parties.
Personal Information Collected from You
We may collect the following personal information submitted to us by individuals through the Services:
- Contact Information, including first and last name, business email address, business postal address, employer, job title, your area of responsibility, company name, phone number, your country or region, and communication preferences.
- Account Information, including first and last name, company name, employer, job title, business email address, customer ID, user ID (or equivalent unique identifier) and password, profile information, affiliations, account balances, payment, customer support, return, replacement, subscription, and history of product and services obtained, purchased, and considered, and any other information you provide to us. Please note we use a third-party provider to process payments on our behalf and do not accept payments directly through our Services.
- Inquiry and Communications Information, including information provided in custom messages sent through the forms, in chat messages, to our email addresses, or via phone. This also includes information provided in order to subscribe to any of our newsletters (such as email address) or contact information provided on our Services.
Personal Information Automatically Collected
We and our third-party partners may automatically collect certain information from or in connection with your device when visiting or interacting with our Services, such as the list below and in the sub-sections here:
- Device Data, including internet protocol (IP) address, operating system, device type and version, browser type and version, browser id, the URL entered and the referring page/campaign, date/time of visit, other user agent string data, the time spent on our Services, and any errors that may occur during the visit to our Services. Device data may overlap with the other categories of data below.
- Analytics data, including the path taken to our Services, through our Services, and when exiting our Services, usage and activity on or in connection with our Services, telemetry (when customer chooses to share it with Magicbean for analysis) including information on applications, configuration, performance, threats, device health, and/or passive DNS, metrics on how many emails we send are actually opened and which attachments or links are opened, clicked, or viewed (such as via pixels, as described further below).
- Location data (such as approximate geolocation we or our third-party providers may collect, such as via permissions within app operating system or browser functionality).
We and our third-party providers may use (i) cookies or small data files that are stored on an individual’s computer and (ii) other, related technologies, such as web beacons, pixels, embedded scripts, location-identifying technologies and logging technologies (collectively, “cookies”) to automatically collect this personal information. We may also use this information to distinguish you from other users of our Services. This helps us monitor and analyze how you use and interact with our Services. It also helps us and our partners to determine products and services that may be of interest to you. For more information about these practices and your choices regarding cookies, please see our Cookie Notice.
Personal Information from Third Parties
We obtain personal information from third parties, which we may combine with personal information we collect automatically or directly from an individual.
- Business Partners: We may receive your information from our business partners.
- Social Media: When an individual interacts with our Services through various social media networks, such as when someone “Likes” us on Facebook or follows us or shares our content on Google, Facebook, Twitter, or other social networks, we may receive some information about individuals that they permit the social network to share with third parties. The data we receive is dependent upon an individual’s privacy settings with the social network, and including, but not limited to, your profile information, profile picture, gender, username, user ID associated with your social media account, age range, language, country, and any other information you permit the social network to share with third parties. Individuals should always review and, if necessary, adjust their privacy settings on third-party websites and social media networks and services before sharing information and/or linking or connecting them to other services.
- Service Providers: Our service providers that perform services on our behalf, such as survey and marketing providers and payment processors, collect personal information and often share some or all of this information with us.
- Information Providers: We may from time to time obtain information from third-party information providers to correct or supplement personal information we collect. For example, we may obtain updated contact information from third-party information providers to reconnect with an individual.
- Other Sources: We may also collect Personal Information about individuals that we do not otherwise have from, for example, publicly available sources, third-party data providers, brand partnerships, or through transactions such as mergers and acquisitions.
OUR USE OF PERSONAL INFORMATION
We may use personal information we collect to:
- Provide, deliver, and analyze the Services you have requested, provide you with information related to the Services or that you have otherwise requested, and process transactions, including providing you with a white paper or an online product demonstration you have requested;
- Manage our organization and its day-to-day business operations;
- Verify your identity and authorization to use our Services, when you contact us or access our Services;
- Create and manage user accounts;
- Allow you to activate and access apps on our Cloud Services;
- Register you for and provide you access to events and webcasts;
- Communicate with individuals, including via email, social media and/or telephone calls;
- Request individuals to complete surveys about our organization, organizations we partner with, and the Services;
- For marketing and advertising purposes, including to offer you through email, direct mail, or phone information and updates on products or services we think that you may be interested in (where applicable, we may send you marketing messages if we have your consent);
- Administer, improve and personalize our Services, including by confirming their relevant customer or user information when they return to our Services;
- Accept, record, and adjust your payments for our Services, including through our third party processors;
- Facilitate customer relationships through benefits and services, including customer support;
- Improve and customize our Services to address the needs and interests of our user base and other individuals we interact with;
- Test, enhance, update and monitor the Services, or diagnose or fix problems related to our Services;
- Help maintain the safety, security and integrity of our property and Services, technology assets, and business;
- Prevent, investigate, or provide notice of fraud or unlawful or criminal activity;
- Comply with contractual and legal obligations and requirements;
- To fulfill any other purpose for which you provide personal information; and
- For any other lawful purpose, or other purpose to which you consent.
OUR DISCLOSURE OF PERSONAL INFORMATION
We may share, transmit, disclose, grant access to, make available, and provide personal information with and to third parties, as follows:
- Marketing Providers: We coordinate and share personal information with our marketing providers in order to communicate with individuals about the Services we make available.
- Customer Service and Communication Providers: We share personal information with third parties who assist us in providing our customer services and facilitating our communications with individuals that submit inquiries.
- Other Service Providers: In addition to the third parties identified above, we engage other third-party service providers that perform business or operational services for us or on our behalf, such as website hosting, infrastructure provisioning, IT services, analytics services, employment application-related services, payment processing services, and administrative services.
LEGAL BASES FOR PROCESSING
Under the GDPR, we process your personal information as follows:
- When it is necessary for the performance of a contract to which you are party, or to take steps at your request prior to agreeing a contract: This applies to any processing where you sign a contract with us, for example when you become our customer, participate in our affiliate or premium partner program, or deliver services to us as a vendor or contractor.
- We have a legitimate interest where such interest is not overridden by your interests or fundamental rights and freedoms. This includes, but is not limited to, the following processing activities:
- When we communicate: To respond to your inquiries and, on some occasions, keep records in case of complaints or legal claims.
- When you use our Services: When you access and use our Services, we process technical and analytics data to see if and how our Services can be improved, so that we can offer you a better user experience in the future.
- Global Suppression List: To avoid contacting you again if you have withdrawn your consent to our marketing-related activities.
- Marketing to existing customers (apart from scenarios where you have consented to marketing): To find, customize, and offer products and services we hope you find useful and relevant, i.e., provide you with excellent customer service.
- Sharing personal information with other parties: To run our business efficiently and securely.
- Your consent: Wherever you consent to the processing, for example when you sign up for our newsletters or events, request a demo, free trial or a download, or submit a survey. Here, your consent is implied, meaning that you consent by submitting a particular form to us. We also rely on your consent for using cookies and other technologies on our website when you explicitly agree to these. Note that your default setting depends on your location (country), as the rules for using such technologies vary across jurisdictions.
- We are subject to a legal obligation: For any processing where we need to comply with laws and regulations related to bookkeeping, accounting, taxation, employment, and other business activities (e.g., a legal requirement to maintain certain business records for a set amount of time).
CONTROL OVER YOUR INFORMATION
You may control your information in the following ways:
- Access to Your Device Information. You may control the Services’ access to your device information through your “Settings” app on your device. For instance, you can withdraw permission for the Services to access your network devices and geolocation and to integrate with your other applications.
- Email Communications Preferences. You can stop receiving promotional email communications from us by clicking on the “unsubscribe” link provided in such communications. You may not opt-out of Services-related communications (e.g., account verification, transactional communications, changes/updates to features of the Services, technical and security notices).
- Modifying or Deleting Your Information. If you have any questions about reviewing, modifying, or deleting your information, you can contact us directly at email@example.com. We may not be able to modify or delete your information in all circumstances.
YOUR RIGHTS IN RESPECT OF YOUR PERSONAL INFORMATION
In accordance with applicable privacy law, you may have the following rights in respect of your personal information:
- Right of access. You have the right to obtain:
- confirmation of whether, and where, we are processing your personal information;
- information about the categories of personal information we are processing, the purposes for which we process your personal information, and information as to how we determine applicable retention periods;
- information about the categories of recipients with whom we may share your personal information; and
- a copy of the personal information we hold about you.
- Right of portability. You have the right, in certain circumstances, to receive a copy of the personal information you have provided to us in a structured, commonly used, machine-readable format that supports re-use, or to request the transfer of your personal information to another person.
- Right to rectification. You have the right to obtain rectification of any inaccurate or incomplete personal information we hold about you without undue delay.
- Right to erasure. You have the right, in some circumstances, to require us to erase your personal information without undue delay if the continued processing of that personal information is not justified.
- Right to restriction. You have the right, in some circumstances, to require us to limit the purposes for which we process your personal information if the continued processing of the personal information in this way is not justified, such as where the accuracy of the personal information is contested by you.
- Right to withdraw consent. If you have provided consent for the processing of your personal information, you have the right to withdraw your consent. If you withdraw your consent, this will not affect the lawfulness of our use of your personal information before your withdrawal.
Under the GDPR, you also have the right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. There may be compelling reasons for continuing to process your personal information, and we will assess and inform you if that is the case. You can object to marketing activities for any reason.
You also have the right to lodge a complaint with your local data protection authority. If you are based in the UK or Switzerland, your local data protection authorities are the UK Information Commissioner's Office (https://ico.org.uk/global/contact-us/) and the Swiss Federal Data Protection and Information Commissioner (https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact/address.html), respectively.
If you wish to exercise any of these rights, please contact us. Due to the confidential nature of data processing, we may ask you to provide proof of identity when exercising any of the above rights.
STORING AND TRANSFERRING YOUR PERSONAL INFORMATION
- Security. We implement appropriate technical and organizational measures to protect your personal information against accidental or unlawful access, destruction, loss, change, or damage. We will never contact you requesting your account ID, password, credit or debit card information or national identification numbers. Please note that email sent over the Internet may not be secure and should not be used to communicate confidential and/or sensitive personal information to us. Therefore, we cannot guarantee the confidentiality or security of any information you send to us over the Internet when using email.
- International Transfers of Your Personal Information. The personal information we collect may be transferred to and stored in countries outside of the jurisdiction you are in to locations where we and our third-party service providers have operations, including in the United States of America. For example, if you are accessing our Services from the EEA, UK or Switzerland, your personal information may be processed outside of the EEA, the UK and Switzerland, respectively.
In the event of such a transfer, we ensure that: (i) the personal information is transferred to countries recognised as offering an adequate level of protection; or (ii) the transfer is made pursuant to appropriate safeguards, such as standard contractual clauses adopted by the European Commission. If you wish to inquire further about these safeguards used, please contact us.
CHILDREN’S PERSONAL INFORMATION
Our Services are not directed to, and we do not intend to, or knowingly, collect or solicit personal information from children under the age of 16. If an individual is under the age of 16, they should not use our Services or otherwise provide us with any personal information either directly or by other means. If a child under the age of 16 has provided personal information to us, we encourage the child’s parent or guardian to contact us to request that we remove the personal information from our systems. If we learn that any personal information we collect has been provided by a child under the age of 16, we will promptly delete that personal information.
LINKS TO THIRD-PARTY WEBSITES OR SERVICES
Alternatively, inquiries sent by mail may be addressed to:
1259 El Camino Real Unit #1018
Menlo Park, CA 94025
CALIFORNIA PRIVACY NOTICE
This CA Notice describes how we collect, use, disclose, and otherwise process personal information of individual residents of the State of California, either online or offline, within the scope of the California Consumer Privacy Act of 2018 (CCPA).
When we use the term “personal information” in this CA Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
COLLECTION AND USE OF PERSONAL INFORMATION
In the last 12 months, we have collected the following categories of personal information:
- Identifiers, such as your username and email address;
- California Customer Records (Cal. Civ. Code § 1798.80(e)), such as your log-in credentials and phone number;
- Commercial Information, such as products and services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies;
- Internet/Network Information, such as device information, logs and analytics data;
- Geolocation Data, such as your approximate location based upon your IP address;
- Sensory Information, such as recordings of any phone or video calls between you and Magicbean;
- Professional/Employment Information, such as job title and company;
- Other Personal Information, including information you submit into the feedback forms and any communications between you and Magicbean, as well as information we receive from social networking sites; and
- Inferences, such as information generated from your use of the Services reflecting user or customer predictions about your interests and preferences, characteristics, predispositions, behaviors, and attitudes.
DISCLOSURE OF PERSONAL INFORMATION
We share personal information with third parties for business purposes. While we generally do not engage in the sale of personal information for monetary or other valuable consideration that we obtain from you via our Sites, there may be limited circumstances where we “share” personal information with third parties in a way that may be considered a “sale” under the CCPA or other similar laws (e.g., for cross-context behavioral advertising purposes where no money is exchanged). As explained in the “Do Not Sell or Share my Personal Information” section of this CA Notice, you may opt out of such disclosures of your personal information.
The categories of third parties to whom we sell or disclose your personal information for a business purpose may include: (1) our service providers and advisors; (2) marketing and strategic partners; (3) analytics providers; and (4) social networks.
In the previous 12 months, we have disclosed or sold all of the categories of personal information we collect, as explained in the “Collection and Use of Personal Information” section of this CA Notice, to third parties for a business purpose.
YOUR CALIFORNIA PRIVACY RIGHTS
As a California resident, you may be able to exercise the following rights in relation to the personal information that we have collected about you (subject to certain limitations at law):
- The Right to Know
- You have the right to request any or all of the following information relating to your personal information we have collected and disclosed in the last 12 months, upon verification of your identity:
- The categories of personal information we have collected about you;
- The categories of sources of the personal information;
- The categories of personal information that we have disclosed to third parties for a business purpose, and the categories of recipients to whom this information was disclosed;
- The categories of personal information we have sold about you (if any), and the categories of third parties to whom the information was sold;
- The business or commercial purposes for collecting or, if applicable, selling the personal information; and
- The specific pieces of personal information we have collected about you.
- The Right to Access. Right to access the personal information collected by a business about you, in a portable and usable format.
- The Right to Request Deletion. You have the right to request the deletion of personal information we have collected from you, subject to certain exceptions.
- The Right to Opt Out of the Sale or Sharing of Personal Information.
- You have the right to direct us not to sell personal information we have collected about you to third parties now or in the future.
- If you are under the age of 16, you have the right to opt in, or to have a parent or guardian opt in on your behalf, to such sales.
- The Right to Correct / Rectification. You have the right to correct / rectify inaccuracies in your personal information, taking into account the information's nature and processing purpose.
- The Right to Limit the Use or Disclosure of Sensitive Personal Information. You have the right to limit the use of sensitive personal information to uses necessary to perform services or provide goods reasonably expected by an average consumer.
- The Right to Non-Discrimination. You have the right not to receive discriminatory treatment for exercising these rights. However, please note that if the exercise of these rights limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you our products and services or engage with you in the same manner.
- “Shine the Light”. California residents who have an established business relationship with us have rights to know how their information is disclosed to third parties for their direct marketing purposes under California’s “Shine the Light” law (Civ. Code §1798.83).
HOW TO EXERCISE YOUR CALIFORNIA CONSUMER RIGHTS
To exercise your Right to Access, Right to Know, your Right to Deletion, or your Right to Opt-out of the Sale of Your Personal Information, please submit a request by emailing us at firstname.lastname@example.org with the subject line, “California Rights Request”.
Before processing your request, we will need to verify your identity and confirm you are a resident of the State of California. In order to verify your identity, we will generally either require the successful authentication of your account, or the matching of sufficient information you provide us to the information we maintain about you in our systems. This process may require us to request additional personal information from you, including, but not limited to, your first name, last name, email address, phone number, state/province of residence, and/or country. During verification, we will only request the minimum personal information necessary to correctly identify you for the purpose of fulfilling your request.
In certain circumstances, we may decline a request to exercise the rights described above, particularly where we are unable to verify your identity or locate your information in our systems. If we are unable to comply with all or a portion of your request, we will explain the reasons for declining to comply with your request.
You also may exercise your right to opt-out the sale of your personal information to third parties, now or in the future. You do not need to create an account with us to exercise your Right to Opt-Out. However, we may ask you to provide additional personal information so that we can properly identify you to track compliance with your opt-out request. We will only use personal information provided in an opt-out request to review and comply with the request. If you choose not to provide this information, we may only be able to process your request to the extent we are able to identify you in our data systems. Learn more about your rights regarding sharing of your personal information via cookies and automated technologies, below under the DO NOT SELL MY PERSONAL INFORMATION section below and in our Cookie Notice.
The California Shine the Light Law permits you the right to opt out of the disclosure of personal information to third parties for their direct marketing purposes during the immediately preceding calendar year.
To opt out of having your information shared under Shine the Light, you may email us at email@example.com with the subject line, “Unsubscribe”, to be added to our suppression list.
DO NOT SELL MY PERSONAL INFORMATION
We respect your right to opt out of the sale of your personal information to third parties. While we generally do not engage in the sale of personal information that we obtain from you via our Sites, there may be limited circumstances where we share personal information with third parties in a manner that may be considered a “sale” under the CCPA or other similar laws. Specifically, this sharing occurs when we permit certain third party advertising networks, social media companies, and similar businesses to collect and process your personal information (including preferences, commercial information and internet, network, and device information) directly from your browser or device through cookies or tracking technologies in use when you visit or interact with our Sites. As further discussed in our Cookie Notice, these third parties then process your personal information to provide you with relevant ads on our behalf, measure and analyze our ad campaigns, detect and report fraud to promote the security of our Services, and perform similar processing purposes, subject to the third parties’ privacy policies. To opt out of cookies and tracking technologies on our Sites, please visit our homepage’s cookie banner and open the “Manage My Cookies” link to visit the “Privacy Preference Center” where you can select your preferences and opt out of our use of cookie and tracking information.
To learn more about online advertising and other tracking technologies and what choices you have regarding their use, you may opt out of certain interest-based advertising, across our Sites and other websites on the Internet, by using the following resources:
(i) You may opt-out of tracking and receiving tailored advertisements on your mobile device by some mobile advertising companies and other similar entities by downloading the App Choices app at www.aboutads.info/appchoices or use the DAA’s CCPA App-based Opt-Out Tool.
(ii) You may opt-out of receiving permissible targeted advertisements by using the NAI Opt-out tool available at optout.networkadvertising.org or visiting About Ads.
Please note that we do not maintain or control any third party opt-out mechanisms and are not responsible for their operation.
- Authorized Agents
In certain circumstances, you are permitted to use an authorized agent (as that term is defined by the CCPA) to submit requests on your behalf through the designated methods set forth in this CA Notice where we can verify the authorized agent’s authority to act on your behalf.
For requests to know or delete personal information, we require the following for verification purposes:
- a power of attorney valid under the laws of California from you or your authorized agent; or
- sufficient evidence to show that you have:
- provided the authorized agent signed permission to act on your behalf; and
- verified your own identity directly with us pursuant to the instructions set forth in this CA Notice; or directly confirmed with us that you provided the authorized agent permission to submit the request on your behalf.
For requests to opt-out of personal information “sales”, we require a signed permission demonstrating your authorized agent has been authorized by you to act on your behalf.
We do not sell the personal information and do not have actual knowledge that we sell the personal information of minors under 16 years of age. Please contact us at firstname.lastname@example.org to inform us if you, or your minor child, are under the age of 16.
WHAT ARE COOKIES AND RELATED TECHNOLOGIES
WHAT WE COLLECT WHEN USING COOKIES
We use the following types of cookies:
- Strictly necessary cookies. These cookies enable core functionality such as security, network management and accessibility. You may disable these by changing your browser settings, but this may affect how the Services function. The legal basis for our use of strictly necessary cookies is our legitimate interests, namely being able to provide and maintain our Services.
- Analytical/performance cookies. These cookies allow us to recognize and count the number of visitors to our Services, and to see how visitors move around our Services when they are using them. This helps us to improve the way our Services work, for example, by ensuring that users are finding what they are looking for easily. If you are accessing our Services with a European IP address, you have been asked to consent to the use of these cookies. You are free to deny your consent.
- Targeting cookies. These cookies record your visit to our Services, the pages you have visited and the links you have followed. They are used to track visitors across our Services. If you are accessing our Services with a European IP address, you have been asked to consent to the use of these cookies. You are free to deny your consent.
HOW WE USE INFORMATION COLLECTED VIA COOKIES
- The Services offer newsletter or email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.
- When you submit data through a form, such as those found on the contact pages or comment forms, cookies may be set to remember your user details for future correspondence.
- In order to provide you with a great experience on the Services, we provide the functionality to set your preferences for how the Services run when you use it. In order to remember your preferences, we need to set cookies so that this information can be called whenever you interact with a website page.
- Tracking technology used in emails helps us measure the effectiveness of our marketing email campaigns, make the emails we send to you more relevant to your interests and help us understand if you have opened and how you interacted with our email.
YOUR CHOICES ABOUT COOKIES
If you would prefer not to accept cookies, most browsers will allow you to change the setting of cookies by adjusting the settings on your browser to: (i) notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Be aware that disabling cookies may negatively affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionalities and features of the Services.
Depending on your device and operating system, you may not be able to delete or block all cookies. In addition, if you want to reject cookies across all your browsers and devices, you will need to do so on each browser on each device you actively use. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it.
If you are located in the EEA, UK, or Switzerland, you may take advantage of Your Online Choices. This service allows you to select tracking preferences for most of the advertising tools. As such, it is recommended that you make use of this resource in addition to the information provided in this document.