Last Updated: 18th February 2020
The following terms will have the meanings indicated below.
“End User” means any individual who interacts with our Services, and individuals who book appointments, purchase services and otherwise interact with our partners through our Services.
“Other Information” is any information that does not reveal your specific identity or does not relate to an individual, such as usage data not linked to any unique identifiers.
“Personal Information” means data that relates to or about an identified or identifiable natural person or, where applicable, household as defined under relevant law. This may include information such as name, postal address, telephone number, email address, or unique online identifiers.
"Partner" is any business or entity that subscribes to (or otherwise accesses or uses) our Software Service, including any staff, employees, consultants, advisors, or independent contractors accessing the MagnaPass Services on the Partner’s behalf.
While the Personal Information we collect varies depending upon the nature of the MagnaPass Services provided or used and our interactions with individuals, Personal Information we may collect or obtain includes:
Through the MagnaPass Services we collect information about you whenever you use the MagnaPass Services, for example:
If you are an End User, when you create an account on the MagnaPass website, we may ask for Personal Information such as your name, email and postal address, social media account ID, and Other Information you may provide with your account.
If you are an End User interacting with the MagnaPass Services through a Partner, we also collect Personal Information that you provide to the MagnaPass Services when you initiate a transaction or otherwise engage with the Partner, such as to book an appointment, make a purchase, or respond to a marketing campaign.
If you are a Partner, when you sign up for our Service, we may ask for your company name, address, phone number, email, credit card information, tax identification number, and other information about your business, as well as names and email addresses of authorized individuals on your account. If you attend one of our events (e.g., a tradeshow, webinar, or training), we may ask for your feedback, contact details or other information to follow-up with you, such as send you marketing communications consistent with your choices.
We collect information about you when you interact with the MagnaPass Services. For example, if you initiate a transaction through the MagnaPass Services, such as a purchase, we may collect information about you, such as your name, email, phone number, address, credit card information, as well as any other information you provide in order to process the transaction. This information may be shared with others for the same purposes. We do not store card numbers. We may also collect other Personal Information at the request of the Partner you are transacting with or through. We may also store information that your computer or mobile device provides to us in connection with your use of the MagnaPass Services, such as IP address, operating system, device ID, and device type.
We may collect information about others from you, including your emergency contacts, and only use this information for the reason it was provided.
We and our service providers collect information about your location when you use or access MagnaPass Services. The degree of precision of the location data varies depending on the source of such information.
You may disable the collection and use of your location data through your browser-, operating system- or device-level settings. Consent concerning location data may be withdrawn at any time by changing these settings.
In addition to the information we collect from you through MagnaPass Services, we may receive information about you from other sources, such as public databases, strategic and joint marketing partners, social media pages and platforms, people with whom you are friends or otherwise connected on social media platforms, as well as from other third parties. For example, if you elect to connect your social media account to your MagnaPass account, certain information from your social media account may be shared with us, including information that’s part of your profile or your friends’ profiles. We may also collect other Personal Information through the MagnaPass Services under the direction of our Partners.
We may use your Personal Information for legitimate business purposes, including:
To the extent that we process your Personal Information based on your consent, you may withdraw your consent at any time.
Certain privacy laws require that we disclose certain information about the categories of Personal Information (as defined by applicable law) that we have disclosed for a business purpose as well as the categories that we have “sold” as defined under applicable law.
We may disclose the following categories of Personal Information (as described above in more detail) to our Partners and Service Providers to provide the MagnaPass services:
We do not sell your data.
We may disclose your Personal Information:
To our strategic partners and service providers who provide services to us or to our Partners, such as website hosting, data analysis, payment processing services, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, credit card processing, auditing and other similar services.
To our Partners if you are an End User and are using our MagnaPass Services to interact with that Partner. Please contact the Partner you interact with directly for more information on that Partner’s privacy practices.
To third parties to permit them (or their own customers) to send you marketing communications, consistent with your choices.
To you, through message boards, dashboards, challenges, chat, profile pages and blogs and other services to which you are able to post information and materials, including as described in the sections below titled “Testimonials, Ratings and Reviews” and “Public Forum.”
To other website users and as well as to your social media account provider, in connection with your social sharing activity, such as if you connect your Facebook account to your MagnaPass account or our social media pages.
In the context of a corporate transaction. If MagnaPass is involved in a sale or business transaction (e.g., merger or acquisition), MagnaPass will retain a legitimate interest in disclosing or transferring your Personal Information to other parties in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings), including in any negotiations leading to such. Such parties may include, for example, an acquiring or target entity and its advisors.
Please note that we may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use it for all the purposes for which we use and disclose Personal Information. In some instances, we may combine Other Information with Personal Information. If we combine any Other Information with Personal Information, we will treat the combined information as Personal Information.
This section provides specific information for California residents, as required under California privacy laws, including the California Consumer Privacy Act (“CCPA”) as well as other jurisdictions and regulations that allow for individual privacy rights such as the European Economic Area, including the United Kingdom, and the General Data Protection Regulation (“GDPR”).
Explanation of Individual Rights
Right to a Copy/Access or Portability: You may have the right to request, free of charge, a copy of the specific pieces of Personal Information that we have collected about you in a readily useable format that allows you to transmit this information to another entity without hindrance.
Right to Know: You may have the right to request, free of charge, that we provide certain information about how we have handled your Personal Information, including the categories of Personal Information collected; categories of sources of Personal Information; business and/or commercial purposes for collecting your Personal Information; categories of third parties/with whom we have shared your Personal Information; and whether we sell any categories of Personal Information to third parties (however, we do not sell your Personal Information).
Right to Deletion: You may have the right to request deletion of your Personal Information that we have collected, subject to certain exemptions. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completion of such purchase or promotion). We may also retain residual information, such as records to document that your request has been fulfilled.
Right to Non-Discrimination: You may have the right not to receive discriminatory treatment on the basis of exercising your privacy rights under applicable law.
Right to Correct/Rectify: You may have the right to rectify any incorrect Personal Information we may hold about you.
Submitting a Request
Where applicable law allows for such a right, if you would like to request to access, correct, object to the use, restrict or delete Personal Information that you have previously provided to us, or if you would like to request to receive an electronic copy of your Personal Information for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you may submit a request through the MagnaPass website themselves or contact us at email@example.com with a subject line "Data Subject Request". We will respond to your request consistent with applicable law.
If you are an End User you may, depending on the MagnaPass Service utilised, be able to access, correct or request deletion of Personal Information that you have previously provided to us through your online customer account. These Data Subject Requests and other rights, including objection, restriction and portability (to the extent this right to data portability is provided to you by applicable law), can also be made directly to the relevant Partner.
For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. Where applicable law allows for an authorised agent to submit such a request, please contact us at firstname.lastname@example.org with a subject line "Data Subject Request – Agent Request" and someone will be in touch with the agent and the End User to verify the request. We will try to comply with your request as soon as reasonably practicable. Moreover, where you are an End User, MagnaPass may need to forward your request and refer you to your Partner who may be better placed to address your request.
If you are under 18 years of age and a user of the MagnaPass Services, you may also be entitled to ask us to remove content or information that you have posted to the MagnaPass Service by submitting a request to email@example.com. Please note that your request does not ensure complete or comprehensive removal of the content or information if doing so infringes on the rights of another user.
If you are an End User of one of our Partners and would no longer like to be contacted by one of our Partners, or would like request the exercise of a right as set out above in relation to Personal Information held by a Partner, please contact the Partner directly.
Information we collect may be used by MagnaPass for marketing purposes such as one-off promotional emailing, mobile text messages, direct mail, and sales contacts. We give you many choices regarding our use and disclosure of your Personal Information for marketing purposes. You may:
Opt-in or opt-out from receiving electronic communications from us: If you are a user of the MagnaPass website and no longer want to receive marketing-related emails or mobile text messages from us on a going-forward basis, you may opt-out of receiving these marketing-related emails or mobile text messages by contacting us or following the unsubscribe prompts from within the messages themselves. If you have provided your information to MagnaPass, and opt-out, MagnaPass will put in place processes to honor your request. This may entail keeping some information for the purpose of remembering that you have opted-out.
Consent to sharing of your Personal Information with unaffiliated third parties for their (or their customers’) direct marketing purposes: We only share your Personal Information with unaffiliated third-parties for their marketing purposes when you have consented to the sharing. We do not share data with unaffiliated third-parties in the absence of your consent and such consent will only be valid for a single data transfer. To address what these unaffiliated third-parties do with your data once you have consented to the sharing, please contact the third-party to learn more about your choices.
We will try to comply with your request(s) as soon as reasonably practicable. Please also note that if you do opt-out of receiving marketing-related emails from us, we may still send you messages for administrative, transactional or other purposes directly relating to your use of the MagnaPass Services, and you cannot opt-out from receiving those messages.
Our websites offer publicly accessible message boards, blogs, and community forums. Please keep in mind that if you disclose Personal Information through MagnaPass public message boards, blogs, or forums, as offered through the MagnaPass Services, this information may be viewed, collected and used by others. To request removal of your Personal Information from our blog or community forum, contact us at firstname.lastname@example.org. In some cases, we may not be able to remove your Personal Information or some content (if, for example, it is reposted by another user), in which case we will let you know if we are unable to do so and why.
You can log in to some of the MagnaPass Services using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain Personal Information with us such as your name and email address to pre-populate our sign-up form. Some services like Facebook Connect give you the option to post information about your activities on our websites to your profile page to share with others within your network. In addition, when using some of our mobile applications we may allow you a chance to tell friends about our services by accessing the contacts in your Facebook or other social media account.
If you submit testimonials, ratings or reviews to the MagnaPass Services, any Personal Information you include may be displayed in the MagnaPass Services. If you want your testimonial removed, please contact us at email@example.com.
We also partner with service providers to collect and display ratings and review content on our web sites.
Where a third-party payment processor is utilised as a sub-processor, we have implemented appropriate onward transfer safeguards over your Personal Information.
Please note that we are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organisations, such as Facebook, Apple, Google, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including any Personal Information you disclose to other organizations through or in connection with the MagnaPass Services, including our social media pages.
We will retain your Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. The criteria used to determine our retention periods include:
The length of time we have an ongoing relationship with you and provide the MagnaPass Services to you (for example, for as long as you have an account with us or keep using the MagnaPass Services)
Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).
The security of Personal Information is a high priority at MagnaPass. We seek to use reasonable technical, administrative and physical safeguards designed to protect Personal Information within our organisation. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have any questions about the security of your interaction with us please contact us.
The MagnaPass Services are not directed or targeted at children under the age of sixteen (16), and we request that they do not provide Personal Information through the MagnaPass Services.
We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g. information related to racial or ethnic origin, political opinions, religion or other beliefs, genetic characteristics, trade union membership or criminal background) on or through the MagnaPass Services or otherwise to us, except where explicitly requested or consented to.