1. ACCEPTANCE OF TERMS
DevMagic collects Personal Data from you, from third parties, and through your use of the Services for a variety of lawful reasons, including to carry out your requests, operate our business effectively, and to comply with the law.
You play a crucial role in our collection of your Personal Data. You can choose what Personal Data you provide to us (you have the right to decline), what particular Services or features thereof you use (that collect Personal Data), and what your privacy settings are. But please understand that if you decline to provide the minimum amount of Personal Data required by a particular Service, you will not be permitted to use that Service.
Please read below to understand the types of Personal Data we collect and how we collect them.
1.A. Personal Data from You
Personal Data collected include your name, email address, phone number, and employment information when you register to use our Services, apply to our consulting program, apply to our enterprise account program, request that we contact or provide additional information to you, request a trial for our Services, or request to attend an event (live or virtual).
Personal Data collected include your picture, social media public URL or username, and biography (including work experience and skills) when you complete your user profile for our community network (“DevMagic Community”), our consulting program, or an event (live or virtual).
Personal Data collected include your name, email address, phone number, employment information, and contents of your communication when you contact us, for example to request information about the Services, via the “Live Chat” and contact form functionalities of our websites, email, or phone.
Ordering & Payment
Personal Data collected include your name, email address, phone number, billing address, and payment information (e.g. credit card number) when you order and/or pay for the Services or an event using our shopping cart, our offline order form, or your organization’s purchasing document (e.g. purchase order).
1.B. Personal Data from Third Parties
Third parties, such as your employer, our authorized resellers, and our marketing partners, provide us with Personal Data. With respect to your employer or organization you are affiliated with (“Organization”), we are typically provided Personal Data when an action involves you, for example entering into a contract where you are the signatory, ordering or paying for our Services where you are the user or you are responsible for payment, or providing you with additional information at your or your employer’s request. When an Organization provides us with Personal Data, we are the data processor rather than the data controller. In other words, it is the Organization rather than DevMagic who is deciding the reasons for which Personal Data will be processed. With respect to our marketing partners and other third parties, we will confirm that the Personal Data was legally acquired by the third party and that it is legal for us to use it. Personal Data collected from third parties can vary depending on the nature of the transaction, but most commonly include your name, email address, phone number, billing address, payment information, and/or employment information. We strive to collect the Personal Data minimally required to carry out a particular legitimate purpose.
1.C. Personal Data Through the Services
Personal Data collected about your device include your IP address, your software environment (e.g. web browser and OS), and unique device identifiers (e.g. MAC address) when you visit DevMagic websites, activate DevMagic software products, or request technical support.
Personal Data collected about your usage of the Services include what you used (e.g. the specific DevMagic webpage or software product), the date and duration of your usage, and how you were referred to the Services (e.g. referring website address) when you visit DevMagic websites, use DevMagic software products, or request technical support.
Personal Data collected about your geolocation include your city, state, country, and language, which we infer from your IP address and settings, when you visit DevMagic websites, use DevMagic software products, or request technical support.
Cookies and Similar Technologies
Cookies are small text files that a website may transfer to your device when you visit a particular website. When you use our Services, DevMagic and our third-party service providers may collect Personal Data through cookies, web beacons, web server logs, and similar technologies. We do not allow third parties to gather information about you across non-DevMagic websites. You can choose to not accept cookies by adjusting the settings of your web browser; however, some of our Services or features thereof may not be able to work properly.
We utilize third-party analytic service providers, such as Google, that collect data about your use of our Services through cookies and similar technologies. We encourage you to review Google’s privacy policies at https://policies.google.com/technologies/partner-sites. If you wish to opt out of the Google Analytics service, Google provides an “opt-out browser add-on” available at https://tools.google.com/dlpage/gaoptout.
2. USING YOUR PERSONAL DATA
DevMagic uses Personal Data for the purpose of providing requested Services and information to you, entering into and performing legal contracts (including payments), ensuring compliance with the law, marketing to you, and carrying out other legitimate interests (collectively, “Purposes”).
DevMagic combines Personal Data we collect from different sources and/or methods (for example, your DevMagic account registration profile and your license entitlements). However, the Services are designed and safeguards in place to prevent unlawful data combinations. For example, Personal Data we may collect when you are not signed into the Services is stored separately from your DevMagic account information that directly identifies you.
When Personal Data is processed, DevMagic does so for the Purposes and with your consent where required by law.
2.A. Purposes Based on the Law
Providing the Services
We use Personal Data to process orders and facilitate payments, provide you with requested Services, and further improve our Services. Before you register for or begin to use the Services, there may be preliminary steps we may need to take. For example, we may need to respond to your requests for information or provide you with customer service. After you register for or begin to use the Services, we will communicate regularly with you about important matters (not marketing related) regarding your order, payment, and use of the Services. For example, we may need to inform you if your payment was not successfully processed, when your subscription is ending, and about important changes or corrections to the Services.
We use Personal Data to comply with the law and protect intellectual property rights. The Services (or technologies used in the Services) are the intellectual property of DevMagic or its licensors. The Services may be subject to the export laws, trade sanctions, or embargoes of the United States or other countries. The Services, due to child privacy laws, may not be used by anyone under the age of 18. As such, we will use Personal Data to prevent unlawful access or use of the Services. This includes taking measures to reduce piracy, such as software license activation procedures.
We use Personal Data for legitimate interests of DevMagic where the law does not require your consent. The cases below constitute the legitimate interest of DevMagic to process Personal Data. If you do not agree with these cases, you may object against DevMagic processing your Personal Data as set out below.
- Monitoring communications. When you communicate with DevMagic, for example via “Live Chat”, we may monitor and/or retain such communication. We do so in order to assure service quality, improve staff training, and/or maintain evidence of a transaction. If you do not wish your communication to be monitored or retained, you may make such request at the beginning of your communication.
- Soliciting feedback. We periodically send questionnaires, surveys, and other means of obtaining your feedback. We do so in order to continually improve our Services and how we operate as a company. If you do not wish to participate, please inform us at firstname.lastname@example.org and provide either the email address or phone number we used.
- Conducting analytics. We analyze the usage and effectiveness of the Services and our operations. We do so in order to make informed decisions, report on the performance of our business, and identify how to improve our Services and operations.
2.B. Purposes Based on Your Consent
Marketing & Advertising
Subject to your consent, we use Personal Data to market and advertise to you, such as keeping you up to date on the latest product announcements, promotional offers, events, and content that may be useful, relevant, or otherwise of interest to you (including newsletters).
You may withdraw your consent at any time by clicking on the “stop all emails” link at the bottom of such email. If you choose to withdraw your consent, DevMagic will not process Personal Data subject to this consent any longer unless legally required to do so. However, this will not affect the lawfulness of the processing that took place before such withdrawal.
Community User Profile
The Services include community features, such as forums, blogs, and networks (collectively “DevMagic Community”). You can create a user profile to display Personal Data to other users of the DevMagic Community. If you post any content to the DevMagic Community, at a minimum your name will be displayed to other users. Your user profile is used to foster the quality of communication and collaboration through the DevMagic Community.
If you do not wish for any Personal Data to be displayed to other users, please DO NOT POST any content to the DevMagic Community. If there is other Personal Data besides your name that you do not wish to display to other users, you may proceed to post content to the DevMagic Community, but please DO NOT ENTER such Personal Data in your user profile. If you later change your mind, you can remove such Personal Data from your user profile and it will no longer be visible to other users.
3. SHARING YOUR PERSONAL DATA
DevMagic does not sell, lease or rent the Personal Data to third parties. Subject to your consent where required by law, Personal Data may be shared with third parties for a variety of lawful reasons as set out below. When we do share Personal Data, we strive to only provide third parties with what is minimally necessary. And our privacy obligations extend to third parties acting as agents who help us run our business and provide you services. DevMagic remains liable should a third party acting as our agent process Personal Data in a manner inconsistent the with this privacy statement, except where DevMagic is not responsible for the event giving rise to the damage.
We may share Personal Data among DevMagic subsidiaries and group companies (i.e. DevMagic offices throughout the world), subject to this Privacy Statement. We may also share Personal Data with vendors or agents working on our behalf to provide you with the Services, subject to this Privacy Statement.
We may share Personal Data with service providers that provide services used in our operations, such as communication services, payment processing, and business analytics.
We may share Personal Data to comply with applicable law, legal process (e.g. court order), lawful requests by public authorities, including to meet national security or law enforcement requirements, or when we believe it is necessary to protect against physical harm (e.g. injury), financial harm (e.g. loss of property), or unlawful activity.
Change of Control
Circumstances may arise in the future where, whether for strategic or other business reasons, we may sell, buy, merge or otherwise reorganize all or any portion of our business. Such a transaction will most likely necessitate we share Personal Data to prospective or actual purchasers or sellers and possibly to other third parties that are involved in the transaction process.
4. TRANSFERRING YOUR PERSONAL DATA
DevMagic has operations worldwide serving a global customer base. While our servers and any Services that contain Personal Data are located within the United States, Personal Data may be transferred, accessed, and stored, in countries which DevMagic affiliated entities have operations, for the Purposes stated in this Privacy Statement. Some DevMagic affiliates are based in other countries that may not have equivalent privacy and data protection laws as the country in which you reside. Whenever transfer of Personal Data occurs from the EEA to any such country, it is based on the Standard Contractual Clauses (according to EU Commission Decision 87/2010/EC or any future replacement) in order to contractually provide that your Personal Data is subject to a level of data protection that applies within the EEA. By inputting your Personal Data to the Service, you consent to any transfer and processing in accordance with this Privacy Statement.
The Services are not intended for use by citizens of Russia who are currently residing in Russia. If you input Personal Data in or otherwise use the Services in anyway, you agree not to hold DevMagic accountable for any potential non-compliance with Russian law and that use of the Services shall be solely at your own risk and responsibility.
5. RETAINING YOUR PERSONAL DATA
DevMagic will store Personal Data only for as long as is necessary for the purposes we process it unless we are required by applicable law to retain Personal Data longer or we are asserting/defending against legal claims where Personal Data is required to do so.
6. SECURING YOUR PERSONAL DATA
DevMagic is committed to securing Personal Data. We use a combination of industry-standard security technologies, procedures, and organizational measures to help protect Personal Data from unauthorized access, use or disclosure. However, no security measure can be absolutely secure, and no method of data transmission can be guaranteed against interception. As such, we cannot guarantee the complete security of Personal Data, including changes to or loss of Personal Data. You are responsible for maintaining the security of your password or other form of authentication to access the Services. If you suspect your interaction with us is no longer secure please contact us immediately at email@example.com.
7. PROTECTING CHILDREN’S PRIVACY
The Services are not intended for use by anyone under the age of 18 (a “Child”). As such, we do not knowingly collect, maintain, or use Personal Data from a Child. If you are a parent or legal guardian and believe we may have collected any information about a Child, please contact us at firstname.lastname@example.org. If we learn that this has occurred, then we will promptly take steps to delete such information.
8. RESPONDING TO DNT SIGNALS
The Services do not respond to “Do Not Track” (DNT) browser signals. However, you can choose to not accept cookies by adjusting the settings of your browser. If you choose to decline cookies, you may not be able to properly use certain features of the Services.
9. CONTROLLING YOUR PERSONAL DATA
You play a crucial role in our collection and use of your Personal Data. You may exercise your rights per this Privacy Statement and applicable data protection laws. To do so, please contact DevMagic or use the various tools we provide.
- You can update or rectify Personal Data (e.g. your email address) by accessing your DevMagic account and user profile.
- You can request that we provide you with information about whether we hold any of your Personal Data, and rectify or delete any Personal Data, subject to this Privacy Statement. Please send an email to email@example.com and instruct us accordingly.
- If you are a resident of the EEA or Switzerland, you may have the right to: (i) request access to your Personal Data; (ii) request rectification of your Personal Data; (iii) request deletion of your Personal Data; (iv) request a restriction on the processing of your Personal Data; (v) request personal data portability; or (vi) object to the processing of your Personal Data.
- If you are a resident of the EEA or Switzerland and believe that DevMagic is not processing your Personal Data in accordance with this Privacy Statement or applicable EEA or Swiss (as applicable) data protection laws, you may have the right to lodge a complaint with the supervisory authority in the country in which you live.
- If you are a resident of California and we have disclosed Personal Data to third parties for their direct marketing purposes, you may have the right to request a list of the Personal Data we have disclosed and the names of such third parties.
10. CONTACTING DEVMAGIC
The data controller of the Personal Data collected through the Services is Appeon Inc., 425 1st Street, Unit 1507, San Francisco, CA 94105, USA.
DevMagic has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved privacy complaints concerning data transferred from the EU and Switzerland.
- For information about contacting the EU Data Protection Authorities, please visit https://ec.europa.eu/info/law/law-topic/data-protection_en
- For information about contacting the Swiss Federal Data Protection and Information Commissioner, please visit https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/links/data-protection---switzerland.html
11. CHANGES TO OUR PRIVACY STATEMENT
DevMagic may revise its privacy practices from time to time. The revision date below indicates when this Privacy Statement was last revised. Any changes will become effective when we post the revised Privacy Statement. If we materially change the ways in which we use or share Personal Data previously collected from you through our Service, we will either notify you through our Service and/or via email. Your continued use of the Services following these changes constitutes your acceptance of the revised Privacy Statement.
Revised and posted as of October 10, 2022.