Privacy Policy

Magwitch LLC “Magwitch”, (“Company”) and the website at www.magwitch.io (“Website”) is committed to respecting the privacy rights and concerns of all users (“Users”) of Company’s websites and services (“Sites and Services”).

As such, we have established and implemented this Privacy Policy (“Privacy Policy”) to inform Users howwe use and protect the personal information we collect (“Personal Information”).By visiting or using the Sites and Services, you consent to Company’s collection, use, storage, deletion, anddisclosure of information relating to you as set forth in this Privacy Policy. This Privacy Policy is subject tochange at any time for any reason and without notice. Any modifications will take effect when posted.Therefore, each time you access the Sites and Services, you need to review the Privacy Policy upon whichaccess to and use of the Sites and Services is conditioned. By your continuing use of the Sites and Servicesafter changes are posted, you will be deemed to have accepted such changes. This Privacy Policy is onlyapplicable to the Sites and Services and not to any other website that you may be able to access from theSites and Services, which may have its own data collection and use policy.Unless you have opted out of allowing your personal information to be shared, we may sell and/or shareyour personal information with third parties for marketing purposes.

COOKIES

The Sites and Services use cookies and similar technologies which are small files or pieces of text thatdownload to a device when a visitor accesses a website or app. These analytics and performancecookies are used only when you acknowledge our cookie banner and are used to view site traffic, activity,and other data and/or to provide you with a personalized experience. Cookies may also be used to keeptrack of your login name and password, to track your visits to the Sites and Services, to personalize yourexperience, and improve our Sites and Services so the pages you view and other behavior may be storedby cookies on your device. These cookies contain no personally identifiable information. You may stillaccess the Sites and Services if you set your browser not to accept cookies.

WEB ANALYSIS TOOLS

We may use web analysis tools to measure and collect anonymous session information. We use thisinformation to monitor and analyze in a depersonalized form how users use the Sites and Services, toprovide customers with the Sites and Services, and to maintain and improve the Sites and Services. Wemay also collect similar information from emails we may send to you which then help us track which emailsare opened and which links are clicked by recipients. The information allows for more accurate reportingand improvement of the Sites and Services.

The personal data collected when you visit the Sites and Services include:

1. Information about your browser, network, and device
2. Web pages you visited prior to coming to this website
3. Search engine used to locate the Sites and Services
4. Web pages you view while on the Sites and Services and how long you use them
5. Your IP address

COLLECTION OF PERSONAL INFORMATION

We may collect certain personal information, including your mailing address, phone number, date of birth,social security number, driver’s license or state identification number, financial information, informationabout your employment, and other information that may be required. If your use of the Sites and Servicesrequires payment for a product or service, you will also be required to provide a credit card number andbilling address, or other payment information. We also collect personal information when you receivecustomer or technical support. Company also receives personal information from third parties such as themerchant at which you make a purchase, based on the information you provide to Company, as well asinformation about your transactions with Company, its affiliates, participating merchants, and/or others,for example purchase price and payment arrangements. We may also receive information from a consumerreporting agency, such as your credit history.

USE OF PERSONAL INFORMATION

We use your personal information to provide the Sites and Services to you, deliver products and servicesyou request, complete transactions, handle your questions or issues, and send communications to youabout promotions, updates, or special offers that may be of interest to you. Other uses include verifyingyour identity, preventing fraud, and alerting you of new products, features, or enhancements to the Sitesand Services. We may also use your email address to send you messages about the Sites and Services, aswell as other general announcements.

The personal information uploaded by you, except for your social security number and driver’s licensenumber, may be shared with third parties for certain purposes. We may also use your depersonalizedpersonal information to provide analyses of our users in the aggregate (including Analytical Data subject tothe terms of this Privacy Policy) to prospective partners and other third parties.

By submitting personal information through the Sites and Services, you authorize Company to share thispersonal information for the purposes identified herein, and you grant us a royalty-free, worldwide,perpetual, irrevocable, and fully transferable right and license to use your personal information inconnection with the creation and development of analytical and statistical analysis tools (the “AnalyticalData”). We are expressly authorized to make any commercial use of the Analytical Data, including withoutlimitation sharing the Analytical Data with third parties.

We will also share the personal information we collect from you under the following circumstances:

Feedback. You may choose to, or Company may invite you to, submit comments, bug reports, ideas, orother feedback about the Sites and Services (“Feedback”). By submitting Feedback, you agree thatCompany is free to use such Feedback at its discretion without any obligation to you. Company may alsochoose to disclose Feedback to third parties. You hereby grant Company a royalty-free, perpetual,irrevocable, transferable, sublicensable, worldwide, nonexclusive license under all rights necessary toincorporate and use your Feedback for any purpose.

Asset Transfers. If we become involved in a merger, acquisition, or other transaction involving the sale ofsome or all of Company’s assets, User information may be included in the transferred assets. Should suchan event occur, we will use reasonable means to notify you through email and/or a prominent notice onthe Site.

PAYMENT

If you make a purchase through the Sites and Services, we may use a third-party payment processor suchas Stripe or Paypal. Payments are encrypted through the Payment Card Industry Data Security Standard(PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchasetransaction.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI SecurityStandards Council, which is a joint effort of brands like Visa, MasterCard, American Express, and Discover.Although no method of transmission over the Internet or electronic storage is 100% secure, we follow allPCI-DSS requirements and implement additional generally accepted industry standards.

THIRD PARTY SERVICES’ PRIVACY POLICIES

In general, the third-party providers used by us will only collect, use, and disclose your information to theextent necessary to allow them to perform the services they provide to us. However, certain third-partyservice providers, such as payment gateways and other payment transaction processors, have their ownprivacy policies in respect to the information we are required to provide to them for your purchase-relatedtransactions. For these providers, we recommend that you read their privacy policies so you can understandthe manner your personal information will be handled by these providers.Certain providers may be located in a different jurisdiction or have facilities that are located in a differentjurisdiction, than either you or us. If you elect to proceed with a transaction that involves the services of athird-party service provider, then your information may become subject to the laws of the jurisdiction(s) inwhich that service provider or its facilities are located. As an example, if you are located in Canada and yourtransaction is processed by a payment gateway located in the United States, then your personal informationused in completing that transaction may be subject to disclosure under United States legislation, includingthe Patriot Act.

Once you leave our website or are redirected to a third-party website or application, you are no longergoverned by this Privacy Policy or our website’s Terms of Service.

LEGAL DISCLOSURE OF YOUR INFORMATION

We may disclose your personal information if we are required by law to do so or if you violate our Terms ofService.

ELECTRONIC COMMUNICATION; SIGNATURES

You may withdraw your consent to receive communications by following the “unsubscribe” link at thebottom of our emails. You may withdraw your consent to use an electronic signature at any time bycontacting us. If you withdraw your consent, you will be unable to apply for products and services throughthe Sites and Services, and we will be unable to continue to process any pending applications for productsand services.

HOW IS YOUR PERSONAL INFORMATION SAFEGUARDED?

While we strive to protect sensitive User information, we cannot ensure or warrant the security of anyinformation you transmit to us or through the use of the Sites and Services and you acknowledge and agreethat you provide such information and engage in such transmissions at your own risk.In the event that personal information you provide to us is compromised as a result of a breach of security,when appropriate we will take reasonable steps to investigate the situation, notify you, and take thenecessary steps to comply with any applicable laws and regulations.MEDIATION

MEDIATION

You agree that, in the event any dispute or claim arises out of or relating to this Privacy Policy, you andCompany will attempt in good faith to negotiate a written resolution of the matter directly between theparties. You agree that if the matter remains unresolved for forty-five (45) days after notification (viacertified mail or personal delivery) that a dispute exists, all parties shall join in mediation services inCompany’s state of domicile with a mutually agreed mediator in an attempt to resolve the dispute. Shouldyou file any arbitration claims or any administrative or legal actions without first having attempted to resolvethe matter by mediation, then you agree that you will not be entitled to recover attorneys’ fees, even if youwould otherwise be entitled to them.

RESIDENTS OF CALIFORNIA

Although we do not sell any personal information, you must opt out of allowing your personal information to be shared by clicking the “Do Not Sell My Personal Information” link.Your California Consumer Privacy Act of 2018 (CCPA) RightsCategories of Personal Information We CollectThe California Consumer Privacy Act of 2018, as amended from time to time (“CCPA”) requires specificdisclosures for each category of personal information that we collect. The table below summarizes our generaldata handling practices which are more fully described in Sections B, C and D of this Privacy Notice.

Residents of California may have the following rights:

1. Right to know and access your personal information. Under CCPA, you have the right to:
• Know the categories of personal information we collect and the categories of sources from which wegot the information;
• Know the business or commercial purposes for which we collect and share personal information;
• Know the categories of third parties and other entities with whom we share personal information; and
• Access the specific pieces of personal information we have collected about you.

To do so, please send a request to us and include your name, email address, phone number, California postaladdress, as well as your account information.

2. Right to deletion. In some circumstances, you may ask us to delete your personal information. To do so, sendus a request and include your name, email address, phone number, California postal address as well as yoursubscription account number, if you have an active subscription.
3. Right to opt out of sales. We may share your personal information with third parties in ways that may constitutea “sale” under CCPA. You may request that we not “sell” your personal information on a going forward basis. Todo so, either click the link “Do Not Sell My Personal Information, or send us a request and include your name,email address, phone number, California postal address as well as your member account number. If youreengage with us after opting out of the “sale” of your personal information, such as by creating a new profile,you acknowledge that your personal information may be used and shared in accordance with this Privacy Notice,including in ways that may constitute a “sale” under CCPA.
4. Right to be free from discrimination. You may exercise any of the above rights without fear of beingdiscriminated against. We are permitted to provide a different price or rate to you if the difference is directlyrelated to the value provided to you by your data. We use the information you provide to make your CCPA rightsrequests to verify your identity, locate the personal information we may hold about you and act upon your request.We strongly recommend that you submit the email and postal address that you used when you created accounts,ordered subscriptions, or signed up for a newsletter. After you submit a CCPA rights request, you will be requiredto verify access to the email address you submitted. You will receive an email with a follow-up link to completeyour email verification process. You are required to verify your email in order for us to proceed with your CCPArights request. Please check your spam or junk folder in case you can’t see the verification email in your inbox.If you are a California resident and have any questions regarding your CCPA rights under this Privacy Notice,please contact us.

Authorized Agents

For any of the CCPA rights, you may designate an authorized agent to make a request on your behalf. In therequest, you or your authorized agent must provide information sufficient for us to verify the identity of your agentand that your agent has been properly authorized to act on your behalf; this may take additional time to fulfillyour request. If you are an authorized agent working on behalf of a consumer, you will need to fill out the relevantCCPA request form listed above on behalf of the consumer with the consumer’s information. Please note thatthe consumer you are working on behalf of must have a California postal address and will need to verify accessto the email account used to submit the CCPA request in order for us to move forward with processing therequest.

Minors

We do not knowingly collect or disclose personal information of minors under the age of 16, without affirmativeauthorization.

QUESTIONS

If you have any questions about our privacy practices or this Privacy Policy, please contact us.