Your Privacy Rights
Effective January 1, 2007
MAGIC PROCESS CUSTOMER INFORMATION PRIVACY PRINCIPLES
Magic Process protects the privacy of its clients and customers consistent with applicable law. In the context of these Privacy Principles, personal information is information that is directly associated with a person such as his or her name, address, telephone number, e-mail address, activities and preferences. Nonpublic personal information generally means a subset of personal information, which is sensitive and not publicly available, such as credit card number, social security number, and bank account information. Publicly available information is information that is typically available from governmental records, telephone and other public directories, widely distributed media such as newspapers and radio, and from companies that provide demographic or marketing materials to others as a part of their business. Publicly available information includes contact information, such as name, address, telephone number, email address, activities, and preferences.
- These principles apply generally within Magic Process.
Magic Process creates, obtains uses your personal information to provide you the products and services you order, and to present you with product and service offerings that we believe may interest you.
- Magic Process provides its customer’s opportunities to control whether Magic Process contacts them with offers on products and services.
- Magic Process does not disclose nonpublic personal information (such as credit card numbers), without your consent or direction, except to business partners involved in providing Magic Process service to customers, or as required or allowed by law. When Magic Process discloses nonpublic personal information to business partners, the Magic Process contract with the business partner protects the nonpublic personal information from uses outside of those necessary to assist in providing Magic Process services. Magic Process will disclose nonpublic customer information as specifically directed by customers, such as when a customer has made another company the agent of the customer for purposes of arranging service.
- Magic Process endeavors to make nonpublic personal information contained in its records available to customers through its customer service representatives.
- All Magic Process associates are covered by a code of conduct, which makes them responsible for ensuring the privacy of all nonpublic personal information.
These five Principles explain Magic Process’ commitment to protecting the privacy of nonpublic personal information. In order to serve customers, Magic Process must develop, obtain and use sensitive nonpublic personal information and Magic Process recognizes that its customers are rightfully concerned that their information be used for only appropriate purposes and that their nonpublic personal information be protected from inappropriate use or disclosure. Magic Process’ goal is simple: to balance the interests and concerns of our customers dealing with privacy of their information with their interest in receiving quality service and information about useful new products.
INFORMATION WE COLLECT ABOUT YOU
We collect personal information about users of our products or services in the normal course of our business. This is how we know where to send you a bill for service, for example, or to ensure you are qualified for the services you select, or to identify you when you call for customer assistance. The information we collect also helps us improve and keep you informed of new services and products.
Personal information is information that is directly associated with a specific person such as his or her name, address, telephone number, e-mail address, activities, and personal preferences. Our definition of personal information does not include de-identified information. This is information that we collect about users, a category of services, or customers and from which any personal information has been removed. This data helps us understand trends and customer needs so that we can better consider new services or tailor existing services to customer desires. De-identified data also might be purchased by or shared with a third party: for example, one interested in locating a business in a particular part of town.
For our business and government customers, our customer is the business or government entity purchasing the service or product for its employees or other authorized users. If you receive certain pricing, terms or other benefits through a business or government customer’s agreement with us, this Policy governs your personal information. If the business or government customer requests information about your account or usage of the services, we may share such information. For example, we may need to provide such information to determine your continued eligibility to receive the services under an agreement or the law, such as in the case of priority access.
Here are some examples of the types of personal and other information we collect and when we collect it. You should refer to the rest of this Policy to see how we use, disclose and protect that information:
Information You Give Us: We collect personal information you give us when you purchase a Magic Process product or use our services. We may request information about you, such as the following types of information:
- Shipping and/or billing address
- Credit card number or account number
- Business phone or fax number
- Email address
- Federal Tax ID
- Company name
- Other information your employer may ask us to collect, such as purchase order number, employee number, and the like
USE OF PERSONAL INFORMATION
Magic Process uses the information you provide for the purpose it was provided in the normal course of our business and to provide you with marketing communications, as detailed below. The following explains in more detail how we use personal information.
Internal Business Use. Your personal information is used in many aspects of our business operations. We use personal information to provide you the services you request, to properly identify you when you contact us, to bill and collect for services, to ensure your creditworthiness for continued service, to determine appropriate state and local payment of taxes, to protect our rights or property, or to enforce the terms of any agreements or terms of service. We use personal information to communicate with you about your account or other matters, our services or products you use, or to respond to your requests.
Magic Process or its agents may store e-mail messages for a brief period of time. Magic Process or its partners may, without legal process, access and disclose the messages to protect both an individual during emergencies or Magic Process from unlawful or fraudulent use of its services.
DISCLOSURE OF PERSONAL INFORMATION
This section of the Policy explains when personal information may be disclosed.
Vendors may share personal information with a third party to complete a transaction you have requested or to perform a service on our behalf. When the third party acts solely on our behalf, Magic Process does not allow it to use your information for other purposes.
Protection of Magic Process and Others. We disclose personal information when we believe release is appropriate to comply with the law (e.g., legal process, service information); to enforce or apply our customer agreements; to initiate, render, bill, and collect for services; protect our rights or property, or those of users of our services; to protect other service providers from fraudulent, abusive, or unlawful use of, or subscription to, such services; facilitate or verify the appropriate calculation of taxes, fees, or other obligations due to a local, state, or federal government requirement, or eligibility for government benefits; or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.
COOKIES AND WEB BEACONS ON THE WEBSITE
We also use a session-based cookie that maintains a user’s session for continuity of navigation while viewing the site. After closing the browser the session cookie simply terminates.
Magic Process does not employ Web Beacon’s on any Website.
MAGIC PROCESS PLACEMENT OF BANNER ADS ON OTHER WEBSITES
NETWORK AND INFORMATION SECURITY
We maintain a variety of physical, electronic, and procedural safeguards to guard your personal information. For example, we take a variety of steps to protect against unauthorized access to our systems that store personal information such as policies limiting access to those systems to authorized personnel.
When you are ordering services or products through the Magic Process Website, we employ the Secure Sockets Layer (SSL) protocol for the transmission of the information from you to us. Also, we use encryption technologies to protect your account information when you are viewing your bill on our Website or via email. You should be aware that Magic Process has no control over the security of other sites on the Internet you might visit, interact with, or from which you buy products or services.
You should keep your user name, password or other access information safe and confidential to protect against unauthorized access to your account information and services. And you must adopt passwords that others may not guess easily.
RETENTION OF INFORMATION
Magic Process retains all of the information it collects under this Policy for as long as there is a business need for it. In addition, we have a record retention policy that generally implements the broad range of regulatory requirements imposed for record keeping.
CHECKING ACCOUNT INFORMATION FOR ACCURACY AND ACCESSING YOUR REGISTRATION PROFILE
To change your contact, phone, account or e-mail preference information, visit “Client Services” or, for LitigationPRO customers, you may visit “LitPRO Admin”. Enter your User Name as prompted and, when asked, enter your Password. If you have forgotten your User Name or Password, on-line helps are provided.
UPDATING THIS POLICY
Magic Process will update this Policy if our practices change or if the law requires changes to it. If at any point we decide to use personally identifiable information in a manner that is materially different from what was stated at the time it was collected, we will notify you via posting on this page for 30 days before the material change is made and give you an opportunity to opt out of the proposed use at any time.
Copyright, Trademark And Disclaimer Notices
Effective January 1, 2007
The materials available through this website and other websites owned or provided by Magic Process, LLC (individually and collectively, the “Website”) are the property of Magic Process, LLC (“Magic Process) or its licensors, and are protected by copyright, trademark and other intellectual property laws. You may view, copy and print pages from the Website only (1) for personal use, provided that you maintain all copyright, trademark, and other proprietary rights or notices, (2) as a personal shopping resource, (3) for communicating with Magic Process about a company product or service, or (4) for placing an order with Magic Process. You may not otherwise use, reproduce, download, store, post, broadcast, transmit, modify, sell or make available to the public content from the Website without the prior written approval of Magic Process.
© 2007 Magic Process. All rights reserved.
Magic Process, the “Business without Boundaries” logo, the “M without Boundaries” logo, and other trademarks are trademarks of Magic Process and may not be used without permission.
The names of other companies, products and services may be the property of their respective owners.
LINKING TO THE WEBSITE AND CONTENT
Magic Process is committed to providing world-class litigation support products and services to its customers. To ensure that information regarding its products and services is communicated accurately to the public, Magic Process asks that you adhere to the following linking guidelines:
Magic Process does not object to hyperlinking to the home page of the Website unless the hyperlinks dilute or tarnish Magic Process’ trade name or trademarks. You may not use any Magic Process trademark, logo or other proprietary graphic to link to the Website (or for any other purpose) without the company’s prior written approval;
Magic Process does not approve of any deep linking. Do not bypass the home page of the Website to deep link to interior web pages;
Magic Process does not approve of inline linking or framing. Do not import content from the Website or link to images on servers on which the Website is hosted for the purpose of placing the content or images on any other web pages or sites; and
Magic Process does not approve of remote linking. Do not hyperlink any Website to sites that contain infringing or illegal content that could make Magic Process susceptible to criminal prosecution or civil litigation in the United States or in a foreign venue.
DIGITAL MILLENIUM COPYRIGHT ACT
Magic Process respects the intellectual property rights of others and is committed to complying with U.S. copyright laws, including the Digital Millennium Copyright Act of 1998 (“DMCA”). The DMCA provides recourse for owners of copyrighted material who believe their rights under U.S. copyright law have been infringed on the Internet.
As a provider of transitory digital communications, Magic Process’ activities are typically protected by a safe harbor provision of the DMCA (see 17 U.S.C. 512 (a)). Magic Process is therefore not obligated to respond to a copyright owner (or the owner’s agent) nor does Magic Process have a duty to remove or disable access to material transmitted, routed or connected to the Magic Process network(s) that is initiated and/or directed by an individual user.
If you believe that Magic Process has infringed your copyrighted work in a way that does not fall within the applicable DMCA safe harbor provision, please provide notice to our Copyright Agent. The notice must include the following information as required by the DMCA (see 17 U.S.C. 512(c)(3)). In addition, the notice should include the basis for your belief that Magic Process is not merely providing transitory digital communications under 17 U.S.C. 512(a) of the DMCA: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
NOTE: The Copyright Agent should only be contacted with respect to copyright-infringement matters. The Copyright Agent will not respond to general inquiries.
The Copyright Agent for Magic Process may be reached as follows:
Magic Process, LLC
1801 East Colonial Drive
Orlando, FL 32803
By fax: (407) 541-0698
By email: email@example.com
COUNTER NOTIFICATION TO CLAIMED COPYRIGHT INFRINGEMENT
If a copyright infringement notice has been wrongly filed against you as a result of mistake or a misidentification of the material, you may file a counter notification with our Copyright Agent. The counter notification must provide the following information:
Physical or electronic signature of the user; Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; The user’s name, address, telephone number and email address, and a statement that the user consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification or an agent of such person.
Magic Process will terminate all clients and users who are repeat infringers of intellectual property laws.
Acceptable Use Policy And Visitor Agreement
Effective January 1, 2007
Welcome to Magic Process’ website, a service of Magic Process LLC, together with its subsidiaries, affiliates, agents and licensors (collectively “Magic Process”). The following terms apply to your use of and access to any Magic Process owned or operated website (“Website”), as well as any electronic transmission sent, received, posted, accessed, or stored via any Magic Process network (“Network”), including without limitation its data, and messaging services; Internet services; and internal email network for communicating with Magic Process employees. Certain products or services offered through our Website may have additional terms and conditions, which govern in the event of any inconsistency with the terms below.
COVERAGE OF THIS POLICY AND AGREEMENT
In addition to other agreements between you and Magic Process, these terms explain the policies that govern your access to and use of our Website and Network, including the actions that we may take, within our sole discretion, for any use that we deem unacceptable.
By accessing or using our Website or Network, you agree to these terms (collectively the “Policy and Agreement”), as Magic Process may modify it from time to time. If you do not agree to accept and comply with the Policy and Agreement, do not access or use our Website or Network.
LINKS TO THIRD-PARTY SITES
The Website may contain links to other websites that are maintained by third parties over which Magic Process has no control. These links are provided for convenience only. Use of these links will cause you to leave this Site and use of third-party websites is entirely at your own risk. Magic Process makes no representation or warranty concerning any other site or the information, products or services offered or appearing on or through these sites. Magic Process does not sponsor or endorse the operators of the sites or the content, products or services they provide, and Magic Process is not responsible or liable for the conduct of the sites’ operators, the content, availability, accuracy, quality, advertising, products, services or other materials offered at the sites.
ILLEGAL OR HARMFUL USE
You may access and use our Website and Network only for lawful purposes. You are responsible for any transmission you send, receive, post, access, or store via our Network, including the content of any communication. Transmitting, distributing, or storing any material that violates any applicable law is prohibited. Additionally, the following non-exhaustive list details the kinds of illegal or harmful conduct that are prohibited:
- Infringement: Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right. Infringement may result from the unauthorized copying, distribution and/or posting of pictures, logos, software, articles, musical works, and videos.
- Offensive Materials: Disseminating or posting material that is unlawful, libelous, defamatory, obscene, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
- Export Violations: Including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce.
- Fraudulent Conduct: Offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, and pyramid schemes).
- Failure to Abide by Third-Party Website Policies: Violating the rules, regulations, or policies that apply to any third-party network, server, computer database, or website that you access.
- Harmful Content: Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data or personal information.
You may not distribute, publish, or send through our Network: (1) unsolicited advertisements, solicitations, commercial e-mail messages or promotional messages of any kind (commonly referred to as “spam”); (2) unsolicited informational announcements; (3) chain mail; (4) numerous copies of the same or substantially similar messages; (5) empty messages; (6) messages which contain no substantive content; or (7) very large messages or files that disrupt a server, account, newsgroup, or chat service.
Likewise, you may not (1) participate in collecting e-mail addresses, screen names, or other identifiers of others (without Magic Process’ prior written consent), a practice sometimes known as spidering or harvesting; (2) participate in using software (including “spyware”) designed to facilitate such activity; (3) collect responses from unsolicited messages; or (4) use any of our mail servers or another site’s mail server to relay mail without the express permission of the account holder or the site.
NETWORK SECURITY AND INTEGRITY
You may not violate the security of our Website or Network in any way. Such violations may result in criminal or civil liability. Magic Process may, but is not obligated to, investigate any violation of our Network. Magic Process may cooperate with law enforcement where criminal or unauthorized activity is suspected. By using Magic Process products services or sending, receiving, posting, accessing, or storing any electronic transmission via our Network, you agree to cooperate, as well, in any such investigation. Examples of Network security violations include, without limitation:
- Hacking: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express prior authorization of the owner of the system or network.
- Interception: Unauthorized monitoring of data or traffic on any network or system without the express prior authorization of the owner of the system or network.
- Intentional Interference: Interference with service to any user, host or network including, without limitation, denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and broadcast attacks.
- Falsification of Origin or Routing Information: Using, selling, or distributing in conjunction with the Services, any computer program designed to conceal the source or routing information of electronic mail messages in a manner that falsifies an Internet domain, header information, date or time stamp, originating e-mail address, or other identifier.
- Avoiding System Restrictions: Using manual or electronic means to avoid any limitations established by Magic Process or attempting to gain unauthorized access to, alter, or destroy any information that relates to any Magic Process customer or other end-user. Magic Process may, but is not obligated to, take any action it deems necessary to protect its Website and Network, its rights or the rights of its customers or third parties, or (2) optimize or improve its Website, Network, services, systems, and equipment. You acknowledge that such action may include, without limitation, employing methods, technologies, or procedures to filter or block messages sent through the Website or Network. Magic Process may, in its sole discretion, at any time, filter “spam” or prevent “hacking,” “viruses” or other potential harms without regard to any preference you may have communicated to us.
INVESTIGATION AND ENFORCEMENT OF THE POLICY AND AGREEMENT
All users of the Services must adhere to the terms of this Policy and Agreement. We have the right, but are not obligated, to strictly enforce this Policy and Agreement through self-help, active investigation, litigation and prosecution.
We may also access and disclose any information (including transactional information) related to your access and use of our Website or Network for any lawful reason, including but not limited to: (1) responding to emergencies; (2) complying with the law (e.g., a lawful subpoena); (3) protecting our rights or property and those of our customers; or (4) protecting users of those services and other companies from fraudulent, abusive, or unlawful use of, or subscription to, such services. INDIRECT OR ATTEMPTED BREACHES OF THIS POLICY AND AGREEMENT, AND ACTUAL OR ATTEMPTED BREACHES BY A THIRD PARTY ON BEHALF OF A COMPANY, CUSTOMER, OR USER, MAY BE CONSIDERED BREACHES OF THIS POLICY AND AGREEMENT BY SUCH COMPANY, CUSTOMER OR USER.
DISCLAIMER OF WARRANTIES AND LIABILITY
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH A MAGIC PROCESS WEBSITE OR NETWORK. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH A MAGIC PROCESS NETWORK OR WEBSITE IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” MAGIC PROCESS, ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH ITS WEBSITE OR NETWORK. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. MAGIC PROCESS DOES NOT GUARANTEE THAT ITS NETWORK OR WEBSITES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL MAGIC PROCESS, ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF ITS NETWORK OR WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND-FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES-EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF MAGIC PROCESS, ITS AGENTS, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO ANY MAGIC PROCESS NETWORK OR WEBSITE WILL NOT EXCEED $100.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF MAGIC PROCESS, AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
This Policy and Agreement is governed by and must be construed under the laws of the State of Florida. The federal and state courts of Orange County, Florida, have exclusive jurisdiction over and venue of any suit that relates to this Policy and Agreement.
You agree to indemnify, defend and hold harmless Magic Process from and against all claims, liabilities, losses, expenses, damages and costs (including reasonable attorneys’ fees) that arise from: (1) any violation of this Policy and Agreement by you; (2) any violation of any rights of a third party by you; (3) any violation of applicable law; (4) information or content that you submit, post, transmit or make available through our Website or Network; or (5) your use of our Website or Network.
MODIFICATION OF THE POLICY AND AGREEMENT
We reserve the right to modify this Policy and Agreement at any time, effective upon its posting, as modified, on www.magicprocess.com. You agree to the Policy and Agreement by accessing or using our Website, products or services, or by sending any electronic transmission through our Network.
Any failure to insist upon or enforce performance of any provision in this Policy and Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in this Policy and Agreement. Magic Process may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.
QUESTIONS AND COMMENTS
We invite you to send in your questions or comments about our site, or to bring to our attention any material you believe to be inaccurate. Please send such comments, including a copy of any material you wish to discuss, to our office address listed on the Contact Us page.
We hope you enjoy using our Services and we welcome suggestions for improvements.