Magic Softworks Privacy Policy

YOUR PRIVACY IS IMPORTANT TO MAGIC BACKUP

This Privacy Policy explains Magic Softworks Inc.'s policy regarding the collection and protection of Personal Information supplied by users or collected by us from users of the Magic Softworks Inc. websites, including MagicSoftworks.com, and MagicBackup.com and the Magic Backup service (the "Service").

This Policy Adopted By: Magic Softworks, Inc., its participating subsidiaries and joint venture partners, and other entities which directly or indirectly are controlled by Magic Softworks, Inc. (each, an Affiliate with Magic Softworks and its Affiliates being collectively referred to as "Magic Softworks").

Magic Softworks defines "Personal Information" as any information from which it is practical to directly determine the identity of an individual. Any capitalized terms not defined in this Privacy Policy have the meanings given in the Service's Terms of Use Agreement (the "User Agreement"). This Privacy Policy may be updated by Magic Softworks from time to time without notice. Magic Softworks will provide notice of materially significant changes to the Privacy Policy by posting notice on this website.

By registering to use the Magic Backup Service, you agree (1) to comply with the terms and conditions of this Privacy Policy and (2) that Magic Softworks may process your Personal Data as described in this Privacy Policy or the User Agreement.

Magic Softworks understands your concerns about the privacy of information you may submit through this Web site. This Privacy Policy provides you information about what type of information is gathered and tracked on the Web site, how the information is used, and with whom the information is shared.

The information we collect.
Magic Softworks collects two types of information about users of this Web site; "Personal Information" (including, but not limited to, your name, address, telephone number and e-mail address) and non-personally identifiable and anonymous "Aggregate Information" (such as information about how many users log onto our Web site). Unless you provide it to us voluntarily or the information is collected via cookies in the manner described in this policy, Magic Softworks does not collect Personal Information in connection with your use of this Web site.

Please read this policy carefully to learn how you can verify the accuracy of any Personal Information we have concerning you and how you can request that Magic Softworks delete or update your Personal Information.

In order to accommodate your information update or deletion request, we ask you to submit your name, title, company affiliation (if any), mailing address, telephone number and e-mail address. At your option, you may also provide us with the best time at which to contact you, and other relevant comments (if a comment field exists for the information you have requested).

How we use the information we collect.
We will use the information you submit (a) to answer your specific inquiry; (b) at your option, to send you additional materials relating to Magic Softworks and services that may be of interest to you; (c) in the administration of the Web site; and (d) as otherwise described in this policy.

Use of Personal Information

• We will not sell or market the email addresses or other collected personal information of registered Users to third parties.
• We will not view the files that you backup using the Service.
• We may view your file system information (file extensions, sizes etc. but not your file contents) to provide technical support.
• You acknowledge and agree that Magic Softworks may occasionally send you administrative communications regarding your account or the Service via email.

Magic Softworks may disclose Personal Data, including the data you back up with the Service, with or without notice (a) if required by a subpoena or other judicial or administrative order, (b) where required by law, or (c) at our sole discretion, where we deem it necessary to protect the safety of any individual or the general public or to prevent violation of our User Agreement or the rights of Magic Softworks, Inc. or any third party.

How we use cookies and other technologies.
General - When you visit this site, information about your browser type, operating system, IP address, and the domain name from which you access this site (e.g., google.com) is collected. In addition, we may collect information about your browsing behavior, such as the number of times you have visited the site, the date you visited the site, and the amount of time you spent viewing the site. In addition, Magic Softworks may track your response to advertisements, e-mails and site content, determine your ability to receive HTML-based e-mail messages, learn how many users open an e-mail and allow our service providers to compile aggregated statistics about an e-mail campaign for Magic Softworks. This information is used solely for our internal purposes in managing the site and improving its functionality, thereby enhancing customer support and site usability. The collection of such information, whether by us or by data aggregators, is subject to the terms set forth in this policy.

The information we disclose.
For credit card payments, we employ third parties to process these payments on our behalf. These third-party credit card processing parties will only have access to the personal information which you provide directly to them when you make a credit card payment. They are required under their contract with Magic Softworks to process this personal information securely and in accordance with the relevant privacy or data protection laws.

Any access to such information will be limited to the purpose for which such information was provided to us or our Service Providers.

Links and third-party websites.
This policy applies only to this Web site. This site includes links to both our Affiliated Web sites and to non-affiliated Web sites, including access to content, products and services of such Affiliated and non-affiliated sites. In some cases, these other sites are made available via "seamless experience" technology, and may appear to be part of our Web site. Although some of the entities controlling these sites are under contract with Magic Softworks, we urge you to familiarize yourself with the individual privacy and other terms for each linked Web site prior to submitting your personally identifiable information.

How to opt out or request changes.
If you would like to receive a copy of the Personal Information we have about you as submitted to us via this Web site, or if you wish to opt out of receiving marketing related communications from us, please send a request to webmaster@magicbackup.com, and we will make every reasonable effort to correct or update it promptly (unless we require further information from you in order to fulfill your request). You may also ask us to remove your name and other Personal Information from our databases. In each of the foregoing cases, we will make all reasonable efforts to honor your request promptly, subject to legal and other permissible considerations.

How we protect and store your information.
Magic Softworks takes seriously the security of the information it collects. Magic Softworks has therefore implemented technology and security policies and procedures intended to reduce the risk of accidental destruction or loss, or the unauthorized disclosure or access to such information appropriate to the nature of the data concerned.

Personal Information collected via this Web site is stored on servers in the USA, and these servers are subject to Magic Softworks' IT security policies and procedures. If you are located in another jurisdiction, you should be aware that your Personal Information once collected will be transferred to our servers, and the USA currently does not have uniform data protection laws.

Children.
Magic Softworks is concerned about the safety of children when they use the internet, and will never knowingly collect Personal Information from minors (children under 13 years of age, or any other age defined under applicable law) [without prior verifiable parental consent]. If we become aware that a minor is attempting to or has submitted Personal Information via this Web site, we will notify the user that we may not accept his or her Personal Information. We will then remove any such Personal Information from our records.

If you have questions concerning this Policy, please contact our Director of Privacy via e-mail at privacy@magicbackup.com or by writing to Director of Privacy, Magic Softworks, 120 Palmer, Ft. Collins, CO 80525, U.S.A.

Updated May 19, 2008