PRIVACY POLICY

Effective Date: February 1, 2024

This Privacy Policy ("Privacy Policy") describes the types of information collected by DocMagic, Inc., a California corporation ("DM", "us", “our” or "we"), from (i) the use of our websites (such as, but not limited to, www.docmagic.com ), programming interfaces, desktop and mobile applications, and integrations with third party systems (collectively, "Platforms"); (ii) the use of the solutions and services made available by DM from time to time through the Platforms ("Solutions"); and (iii) any communications with DM through or relating to the Platforms or Solutions, whether exchanged via email, text, chat, social media or otherwise. However, this Privacy Policy does not apply to information that we collect and solely process for or on behalf of one of our financial industry or other customers, which may include information related to your loan transaction or other use of our Platforms and Solutions in connection with the transaction, such as financial information, social security numbers, race, religion, nationality, veterans status, and other similar information. Such information is processed by us pursuant to an agreement with our customers and is subject to their privacy policy. We are not responsible for their use of your information, and you must direct any requests relating to your information to them directly. The individual using one or more of the Platforms or Solutions is referred to in this Privacy Policy as "you" or "your". 

This Privacy Policy also contains our practices for collecting, using, maintaining, protecting, and disclosing the information described herein. We respect your privacy and we are committed to protecting it through our compliance with this Privacy Policy. 

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THE PLATFORMS AND SOLUTIONS OR SUBMITTING ANY INFORMATION TO DM.  BY INTERACTING WITH THE PLATFORMS AND SOLUTIONS OR SUBMITTING INFORMATION TO DM, YOU INDICATE THAT YOU ACCEPT THIS PRIVACY POLICY AND THE TERMS OF USE. WHENEVER YOU SUBMIT INFORMATION TO US, YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF THAT INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY. 

THE PLATFORMS AND SOLUTIONS ARE OFFERED AND AVAILABLE TO USERS WHO RESIDE IN THE UNITED STATES OR ANY OF ITS TERRITORIES OR POSSESSIONS AND WHO ARE OVER THE AGE OF 18 OR THE LEGAL AGE IN YOUR JURISDICTION TO FORM A BINDING CONTRACT, WHICHEVER IS HIGHER.  BY USING THE PLATFORMS OR SOLUTIONS, YOU REPRESENT AND WARRANT THAT YOU MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS.  IF YOU DO NOT ACCEPT THIS PRIVACY POLICY AND THE TERMS OF USE, OR DO NOT MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS, YOU MUST NOT SUBMIT INFORMATION TO US OR USE OUR PLATFORMS OR SOLUTIONS. 

TERMS OF USE

Our Terms Of Use are incorporated herein by reference and will govern your use of our Platforms and Solutions. All capitalized terms used in this Privacy Policy but not otherwise defined herein have the meanings given to them in the Terms of Use.  Any disputes over privacy are subject to this Privacy Policy and the Terms Of Use including without limitation, the Section titled GOVERNING LAW AND ARBITRATION.

RELATED NOTICES

California residents are entitled to certain rights afforded to them under the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020 (“CPRA”), as further described in the California Privacy Addendum and the Career Privacy Statement, both of which are incorporated into this Privacy Policy by reference. If you are a California resident, please review the California Privacy Addendum and Career Privacy Statement carefully.

REVISIONS TO THIS PRIVACY POLICY

You agree that DM may change, modify, add or remove portions of this Privacy Policy at any time and from time to time.  All revisions will be posted to www.docmagic.com (the “Site”) and effective upon posting.  We urge you to check the Site frequently for changes.  If we make material changes to how we treat our users’ Personal Information (as defined below), we will notify you about the change through our usual communication channels (such as electronic mailing).  Your continued use of any of our Platforms or Solutions means that you accept, without limitation or qualification, the current version of the Privacy Policy posted to the Site.

Our Role as a Service Provider to our Customers

We collect certain information (including Personal Information, as defined below) in our capacity as service provider to our customers (“Service Provider Data”). Our customers are primarily financial organizations such as, but not limited to, banks, credit unions and other lenders. When using our Platforms and Solutions in connection with lending activities, our customers provide us with Service Provider Data (including Personal Information) about their customers (e.g. borrowers/consumers). We process the Service Provider Data solely on our customers’ behalf and solely for the purpose of delivering the functionality of our Platforms and Solutions to our customers as they request from time to time.

The Personal Information we generally collect in our role as a service provider includes the following:

• Contact Information: In some instances, our customers may allow you to access our Platforms and Solutions through a single sign-on. In these cases, we collect your contact information and login credentials from the business with which you have an account.
• Transactional information: If our customer uses our Platforms or Solutions in connection with your loan transaction, we process your Personal Information that is provided to us by our customer in connection with your loan transaction (such as, but not limited to, your name, social security number, property address and email address).

We store Personal Information we receive from third parties with other Personal Information that we may collect through other means as further described in this Privacy Policy. However, other than the description of our use of Service Provider Data we provide in this section for your convenience, this Privacy Policy does not apply to Service Provider Data. Our customers are responsible for providing notice and obtaining appropriate consents to collect Service Provider Data (including Personal Information) from borrowers and provide it to us as their service provider. If you are a borrower, you should refer to your lender’s privacy notices and/or contact them directly to understand how your Personal Information will be collected, used and shared. 

We have no control over how any third party uses or discloses the Personal Information they collect about you.  As such, we encourage you to request and review the privacy policies of any third parties prior to disclosing your information to such parties or upon visiting such third party websites.  We cannot modify or otherwise control or exclude the Service Provider Data, including Personal Information, or other metadata supplied to us by or on behalf of our customers as a result of your use of their services.

INFORMATION WE COLLECT AND HOW WE COLLECT IT

Personally Identifiable Information

We collect and store information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual (“Personal Information”). However, the term “Personal Information” as used in this Privacy Policy does not include “Service Provider Data” (as defined above), which includes Personal Information that we process solely on behalf of our customers as a service provider (which may include information you provide or which we collect related to a loan application or other transaction with our customer), as further described below. We collect and store Personal Information that you may provide from time to time voluntarily, including but not limited to, when you use or access the Platforms or Solutions, directly or indirectly through one of our customers or third party partners, that can identify you as a specific individual.  We may use Personal Information as provided in the paragraph of this Privacy Policy entitled “Purposes for Use and Disclosure of Your Information”.   

We collect Personal Information about you as follows: (i) when you provide it to us, directly or indirectly, whether through our Platforms, third party systems or your social media accounts; (ii) automatically as you navigate the Platforms and Solutions using cookies, web beacons and other tracking technologies; and (iii) from third parties.

Information You Provide to Us 

We collect the following types of Personal Information directly from you when you use our Platforms or Solutions: real name, alias (user name), home/work postal address, home/work email address, financial information (if you pay for the use of our Platform or Services directly), records of goods and services purchased, obtained, or considered to be purchased or obtained. 

You provide these types of Personal Information to us, directly or indirectly, when you use the Platforms and Solutions and when you interact or communicate with us. Examples include:

• Information that you provide to us when you create an account, register to use and use the Platforms and Solutions, upload data (including documents uploaded through DocMagic eSign), request technical support or report a problem.
• Details of your transactions (including, without limitation, mortgage loans) and orders processed through our Platforms and Solutions Correspondence exchanged with us when you contact or otherwise interact with us, whether by email, live chat, text or through social media (e.g. Twitter, Facebook, LinkedIn).
• Responses to surveys that we might ask you to complete for research purposes.
• Search queries on the Platforms or within the Solutions.

Automatic Data Collection Technologies 

As you navigate through and interact with our Platforms and Solutions, we may use automatic data collection technologies such as cookies ("ADC Technologies"), as further described under the heading “Our Use of ADC Technologies,” to collect certain information about your equipment, browsing actions and patterns, including:

• Details of your visits to our Platforms and Solutions, including traffic data, location data, logs, and other communication data and the resources that you access on or through the Platforms and Solutions.
• Information about your computer and internet connection, including your domain name, IP address, operating system, browser type, device name and model, referring URL and advertising ID.

We also may use ADC Technologies to record your activities on our Platforms and Solutions and other online activities for analytics purposes and to collect information about your online activities over time and across third-party websites or other online services for the purposes of advertising based on your online activities (behavioral advertising). See the section of this Privacy Policy entitled “Choices About How We Use and Disclose Your Personal Information” for information on how you can opt-out of behavioral advertising.

Information we collect through ADC Technologies may include Personal Information or we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. 

The ADC Technologies we use may include:

• Cookies. Cookies are small files that contain information (including unique identifiers and other Personal Information) that we transfer to your device’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Platforms and Solutions, while others are used to enable a faster log-in process or to allow us to track your activities on our Platforms and Solutions. There are two types of cookies: session and persistent cookies. 
  • Session Cookies. Session cookies exist only during an online session. They disappear from your device when  you close your browser or turn off your device. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Platforms and Solutions. This allows us to process your online transactions and requests and verify your identity after you have logged in, as you move through our Platforms and Solutions.
  • Persistent Cookies. Persistent cookies remain on your devices after you have closed your browser or turned off your device. We use persistent cookies to track aggregate and statistical information about user activity.

1. For more information about our use of cookies and your choices regarding our use of cookies, please see “Choices About How We Use and Disclose Your Personal Information.”

• Clear GIFs, Pixel Tags, and Other Technologies. Clear GIFS are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web and app pages. We may use clear GIFs (e.g., web beacons or pixel tags), in connection with our Platforms and Solutions to, among other things, track the activities of Platform visitors and users, help us manage content, and compile statistics about Platform usage. We and our third party service providers also use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.
• Platform and Solutions Interaction and Performance Monitoring Tools. Our Platforms and Solutions may also use interaction and/or performance monitoring tools (sometimes called tracking scripts, analytics tools, session replay tools, or heatmap tools). These tools execute code in your web browser to help us collect data about your use of and interactions with the pages and content of our Platforms and Solutions. This may include recording your mouse movements, keystrokes, navigation pathways and other actions that you take on our Platforms and Solutions, and information automatically transmitted from your web browser to our Platforms and Solutions, such as information about your operating system, computer hardware, and browser preferences. By using our Platforms and Solutions, you hereby consent to our recording of your mouse movements, keystrokes, navigation pathways, and other actions that you take or make have with our Platforms, Solutions, and other use of such tools. 

Third-Party Use of Cookies and Other Tracking Technologies. 

We use automated devices and applications provided by third-parties, such as Google Analytics and Microsoft Bing, to evaluate usage of our Platforms. We use these tools to help us improve our Platform performance and user experiences. These entities may use cookies and other ADC Technologies, such as web beacons, to perform their services. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content, which is based on your use of our Platforms and Services or other online activity. 

We do not control these third-parties’ tracking technologies or how the Personal Information they collect may be used. If you have any questions about their use of your Personal Information (including Personal Information used to provide targeted advertising), you should contact the responsible party. To learn more about Google’s privacy practices, please review the Google Privacy Policy at https://google.com/policies/privacy/partners/. For more information about your choices regarding targeted advertising, see the section of this Privacy Policy entitled “Choices About How We Use and Disclose Your Personal Information.” 

Do Not Track Signals

Through our use of ADC technologies, we may collect Personal Information about your online activities over time and across third-party websites and other online services. Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. At this time, we do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such a signal is broadcast or received by us.

PURPOSES FOR USE AND DISCLOSURE OF YOUR INFORMATION

Personal Information and Other Information

We may disclose aggregated information about our users, and information that does not constitute Personal Information for any purpose and without restriction, regardless of how it is collected.  

Our employees, contractors and agents access and use your Personal Information for the following purposes:

• To provide you with access to the Platforms and Solutions you are requesting.
• To improve, develop, support, debug, or troubleshoot the Platforms or Solutions.
• To create, maintain, customize, and secure your account with us.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud.
• To provide you with notices about your account, including expiration and renewal notices.
• To personalize your experience with the Platforms and/or Solutions and to deliver content and product and services offerings that are relevant to you, including targeted offers and advertisements through our Platforms and/or Solutions, third party sites, and via email or text message (with your consent when required by law). 
• To notify you about updates, modifications, and enhancements to the Platforms or Solutions or new products.
• For customer service, security, to detect fraud or illegal activities, and for archival and backup purposes in connection with provision of the Platforms and Solutions.
• To facilitate communication between you and us in order to respond to your questions and comments, or to contact you for user feedback.
• To generate aggregate statistical studies and conduct research related to our products and services and the use of our Platforms and Solutions.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you (or your company) and us, including for billing and collection. 
• To train and/or re-train artificial intelligence and/or machine learning models that may be used in or by our Platforms and Solutions. 
• For any other purpose we may disclose to you from time to time where you provide your consent.
• To fulfill any other purpose for which you provide the Personal Information.
• In any other way we may describe when you provide the Personal Information.

Automatically Collected Information

Some automatically collected information may contain non-personal information because the information does not personally identify you. We may use or disclose such non-personal information for any purpose.  

In some instances, we may combine non-personal information with Personal Information (such as embedding e-mail addresses in cookies), in which case the combined information will be treated by us as Personal Information in accordance with this Privacy Policy. These ADC Technologies may also record your activities on our Platforms or Solutions. For more information about how you can control our use of some ADC Technologies, please see “Choices About How We Use and Disclose Your Personal Information.” By continuing to allow us to use and collect your Personal Information through ADC Technologies as described below, you hereby consent to such use, including our recording of your activities when you the Platform and/or Solutions. 

In addition to the above uses, DM may access and use Personal Information we collect through ADC Technologies (which may include Personal Information) for the following purposes:  

• To help us improve our Platforms and Solutions in order to deliver a better and more personalized experience.
• To better understand our audience, including size and usage patterns.
• To store information about your preferences, allowing us to customize our Platforms and Solutions according to your individual interests.
• To determine the fastest route for your computer to access our Platforms and Solutions and to speed up your searches.
• To recognize you when you return to use our Platforms or Solutions.
• To advertise our Platforms and Solutions and measure the effectiveness of our advertisements. Note that some advertising may be based on your use of our Platforms or Solutions and other online activities.
• To display, update and maintain the content of the Platforms and Solutions.
• To tailor your experience in using the Platforms and Solutions and our communications with you.
• For our internal administrative, marketing and planning requirements.
• To send information about future events, regular email communications or newsletters (both electronic and hardcopy).
• For purposes that are expressly permitted under any agreement with you.

We may also use your Personal Information to contact you about our products and services that may be of interest to. If you do not want us to use your Personal Information in this way, you may opt-out at any time. For more information about our use of your Personal Information for these purposes and your choices, please see CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR PERSONAL INFORMATION. 

DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES

We disclose information we receive from or about you (which may include Personal Information) to third parties as follows:

• Business Customers/Integration Partners. At the request of our customers we may share transactional information (including Personal Information) processed through our Platforms and Solutions with third parties as necessary for such customers’ business operations, such as but not limited to, appraisers, notaries, settlement agents, title agents, government agents, as well as third parties whose platforms are integrated with our Platforms, to allow our customers to originate, close, fund, service and/or transfer mortgage and personal loans.
• Service Providers. We may provide information (including Personal Information) to third party service providers and agents who perform business functions on our behalf. These service providers may include IT service providers and payment processors.
• Public Necessity. We may disclose your information (including Personal Information) to a third party if (a) we believe that disclosure is reasonably necessary to comply with any applicable law, rule, regulation, legal process or governmental request; (b) to enforce our agreements, policies and terms of service (including this Privacy Policy and our Terms of Use); (c) to protect the security or integrity of our Platforms or Solutions; (d) to protect ourselves, our property, our users or the public from harm or illegal activities (including for fraud prevention and credit risk reduction); (e) to respond to an emergency which we believe in good faith requires us to disclose your information to assist in preventing a death or serious bodily injury to any person; or (f) to investigate or defend ourselves against any third party claims or allegations.
• Third Party Analytics and Advertising Providers. We may disclose your Personal Information to advertising and analytics providers such as Google, Meta (previously Facebook), and other similar analytics and advertising providers.
• Business Transfer. If we or are affiliates are contemplating a sale of our business, whether through a merger, consolidation, reorganization, as part of a bankruptcy or insolvency proceeding or otherwise, we may transfer the information we have collected from you to the other party to the transaction. As part of the business transfer process, we may share certain of your Personal Information with lenders, auditors and third party advisors, including attorneys and consultants.
• Other.  We may share your Personal Information to fulfill the purposes for which you provide it and for any other purpose disclosed by us when you provide the Personal Information or with your consent.

Choices About How We Use and Disclose Your Personal Information

We strive to provide you with choices regarding the Personal Information we have collected about you and have created the following mechanisms to provide you with control over our use and disclosure of Personal Information:

• Tracking Technologies. We may use certain tracking technologies that may record your activities on our Platforms and Solutions, and any recordings may be disclosed and processed by third-parties who provide such technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn more about setting your browser for this, please see the user manual or help feature for your browser. However, please note that if you disable or refuse cookies, some parts of our Platforms and Solutions may be inaccessible or not function correctly. 
• Promotional Offers from DM. When you email us or register with us, you will have the ability to opt-out of receiving marketing communications from DM, including voicemail or e-mail. In addition, if you have an account with DM and later decide that you would prefer not to receive marketing communications from DM, you can opt-out by changing your DM account preferences. If we have sent you a promotional email, you may click the unsubscribe link in the body of that email or contact us at privacy@docmagic.com to be omitted from future email distributions. This opt-out does not apply to information provided to DM as a result of your (or your company’s) purchase of a subscription to our Platforms or Solutions (e.g. relating to billing and payment information), a service experience, or other transactional and administrative messages.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, some third parties may provide you with ways to choose not to have your information collected or used in this way. In addition to the choices described above, you may opt-out of ad network interest-based advertising provided by members of the Digital Advertising Alliance generally through the Network Advertising Initiative website or by visiting  http://www.aboutads.info/choices/ (web-based advertising) or  http://www.aboutads.info/appchoices (for mobile advertising). To learn more, please visit the websites operated by the Network Advertising Initiative and Digital Advertising Alliance at www.networkadvertising.org/choices. Opting-out does not mean that you will stop receiving ads from us. It means that you still stop receiving ads from us that have been targeted to you based on your visits and browsing activity across websites over time. Your opt-out may not be effective if your browser is configured to reject cookies. 

You may have additional rights and choices based on the location of your residency. Please see “Jurisdiction Specific Privacy Rights” for more information about any applicable rights and choices. 

TESTIMONIALS

We may publish customer testimonials on our Platforms, such as on our social media profiles (e.g., Facebook, Twitter and Instagram), on our YouTube channel and within advertising creative material.  These testimonials may contain Personal Information.  We obtain your written consent at the time the testimonial is recorded.  If you want your testimonial removed please contact us at privacy@docmagic.com.

PUBLIC AREAS OF THE PLATFORMS

We may provide areas of the Platforms where you can publicly post information about yourself and can communicate with others and submit information, messages, suggestions, questions, comments, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audiovisual material, photographs and pictures (and other representations of your name and likeness), digital images, or other content in any form (collectively “Your Content”).  By providing Your Content, you acknowledge and agree that Your Content may be accessible by other users and may appear on other websites or web searches, and therefore this information could be read, collected, and used by others throughout the world.  For example, if you post your email address on the community forum, you may receive unsolicited messages from other users.  We have no control over who reads your postings or what other users may do with the information you voluntarily post, so please use caution when posting any Personal Information.  All posts you make to the Platforms shall be considered Your Content for purposes of this Privacy Policy and the Terms Of Use.

ACCESSING, CHANGING OR DELETING YOUR INFORMATION

To request access to, correct or delete any Personal Information that you have provided to us, you may send us an email at privacy@docmagic.com or you may log onto one of our Platforms and update your profile page. We cannot delete your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete any information you provided to or through the Platforms and Solutions, copies of your information may remain viewable in cached and archived pages or might have been copied or stored by other users. 

JURISDICTION-SPECIFIC PRIVACY RIGHTS

The law in some jurisdictions may provide you with additional rights regarding our use of Personal Information. To learn more about any additional rights that may be applicable to you as a resident of one of these jurisdictions, please see the below information for applicable jurisdictions. 

Your California Privacy Rights

If you are a resident of California, you have the additional rights described in the California Privacy Addendum. 

Nevada Privacy Rights

Under Nevada law, DM does not sell your Personal Information. However, if you are a Nevada resident, you may submit a request that we not sell any Personal Information we have collected about you by contacting us via email at privacy@docmagic.com. 

DATA SECURITY

We have implemented measures designed to help secure your personal information against accidental loss and from unauthorized access, use, alteration, and disclosure. 

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Platforms and Solutions, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. It is your responsibility to protect the integrity of your accounts and passwords. To protect against unauthorized access to your account, be sure to log out each time you finish using the Platforms and Solutions. Unfortunately, the transmission of information via the internet is not completely secure. 

Although we have implemented measures to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted through our Platforms and Solutions or that your Personal Information will never be disclosed in a manner inconsistent with this Privacy Policy (for example, as a result of unauthorized acts by third parties that violate applicable law). Any transmission of Personal Information is at your own risk.  We are not responsible for circumvention of any privacy settings or security measures contained in the Platforms and Solutions.

CHILDREN UNDER 18

The Platforms and Solutions are not intended for children under 18 years of age. No one under age 18 may provide any Personal Information on or though the Platforms and Solutions. We do not knowingly collect Personal Information from children under 18. If you are under 18, do not use the Platforms and Solutions or provide any information to us, register on the Platforms, use any of the interactive or public comment features or provide any information about yourself to us, including, without limitation, your name, address, telephone number, email address, or any screen name or user name. If we learn we have collected or received Personal Information from a child under 18, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at privacy@docmagic.com to request that this information be deleted.

CONTACT US

If you have questions or comments about this Privacy Policy, please contact us by email to privacy@docmagic.com, regular mail to 1800 W. 213^th Street, Torrance, CA  90501, or via our toll-free number: (800) 649-1362.

California Privacy Addendum

This California Privacy Addendum supplements the information contained in DM’s Privacy Policy and describes our collection and use of Personal Information for California Residents. We adopt this California privacy Addendum to comply with the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020 (collectively, the “CPRA”). This California Privacy Addendum applies solely to visitors and users of our Platforms and Solutions who reside in the State of California. The CPRA provides California residents with specific rights regarding their Personal Information.

PERSONAL INFORMATION WE HAVE COLLECTED ABOUT YOU

We have collected, used, and disclosed the following categories of Personal Information about you within the last twelve (12) months: 

While we do not “sell” Personal Information as the term “sell” is commonly understood to require an exchange for money, the use of advertising and analytics ADC Technologies are generally deemed a “sale” as such term is broadly defined in the CPRA to include both monetary and other valuable consideration.” Using this broad definition, our “sale” is limited to our use of third-party advertising and analytics cookies and their use in providing behavioral advertising and understanding how people use and interact with our Platforms and Solutions. More details about our “sale” and “sharing” of Personal Information, and your rights to opt-out of such “sales” and “sharing” is described below.

PURPOSES FOR OUR COLLECTION OF YOUR PERSONAL INFORMATION

For the purposes for which we collect Personal Information, please see the paragraph of this Privacy Policy entitled “Purposes for Use and Disclosure of Your Information”.  

DISCLOSURE OF YOUR PERSONAL INFORMATION FOR BUSINESS OR COMMERCIAL PURPOSES

As noted above, we may disclose certain categories of Personal Information for business or commercial purposes. We disclose your Personal Information to the categories of third-parties listed above for the following business or commercial purposes:

• Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.
• Helping to ensure security and integrity of our Platforms, Solutions, and IT infrastructure to the extent the use of the Personal Information is reasonably necessary and proportionate for these purposes.
• Debugging to identify and repair errors that impair existing intended functionality.
• Short–term, transient use, including, but not limited to, nonpersonalized advertising shown as part of your current interaction with us. Our agreements with third parties prohibit your Personal Information from disclosure to another third-party and from using your Personal Information to build a profile about the you or otherwise alter your experience outside your current interaction with us.
• Performing services on behalf of us, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of us.
• Providing advertising and marketing services to users of our Platforms and Solutions (but excluding cross-context behavioral advertising which is described above).
• Undertaking internal research for technological development and demonstration.
• Undertaking activities to verify or maintain the quality or safety of services (including our Platforms and Solutions) or devices that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance such services or devices.

In addition to the above, we may disclose any or all categories of Personal Information to any third-party (including government entities and/or law enforcement entities) as necessary to:

• comply with federal, state, or local laws, or to comply with a court order or subpoena to provide information;
• comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities;
• cooperate with law enforcement agencies concerning conduct or activities that we (or one of our service providers’) believe may violate federal, state, or local law;
• comply with certain government agency requests for emergency access to your Personal Information if you are at risk or danger of death or serious physical injury; or
• exercise or defend legal claims.

YOUR PRIVACY RIGHTS

California residents have the following rights under the CPRA: 

• Right to Know. You have the right to request that we disclose: 
• The categories of Personal Information collected; 
• The categories of sources from whom the Personal Information is collected; 
• The purpose for collecting, selling or sharing the Personal Information;  
• The categories of third parties with whom we have disclosed the Personal Information; 
• The categories of Personal Information that we have sold or shared, and the categories of third parties to whom the Personal Information was sold or shared, by category or categories of Personal Information for each third party to whom the Personal Information was sold or shared; 
• The categories of Personal Information that we disclosed for a business purpose and the categories of persons to whom it was disclosed for a business purpose.  
• Data Portability. Subject to certain limitations, you have the right to request that we provide you with a copy of the specific pieces of Personal Information that we have collected about you in a readily reusable format that allows you to transmit the Personal Information to a third-party (to the extent technically feasible).
• Right to Delete. You have the right to request that we delete your Personal Information, subject to certain exceptions. 
• Right to Correct Inaccurate Personal Information. You have the right to request that we correct inaccurate Personal Information we maintain about you, taking into account the nature of the Personal Information and the purposes of the processing of the Personal Information. 

We will not discriminate against California consumers for exercising their CPRA rights.   

California residents may exercise their CPRA rights by filling out and submitting a request via email to privacy@docmagic.com or by calling us at 1 (800) 649-1362 (each such request, a “Consumer Request”).  

Only you or an Authorized Agent may make a consumer request related to your Personal Information.   

Your request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information, or are an authorized agent, and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. You may only make a consumer request for disclosure twice within a 12-month period. 

To meet our obligations to protect your privacy, we will need to verify your identity before complying with your requests to know, delete and correct Personal Information. To submit a verifiable request, you will be asked to provide certain information to help us verify your identity. The information we ask you to provide to initiate a request may differ depending upon the type of request, the type, sensitivity and value of the Personal Information that is the subject of the request, and the risk of harm to you that may occur as a result of unauthorized access or deletion, among other factors. You may designate an authorized agent (hereafter, “Authorized Agent”) to make a request on your behalf by providing the agent with signed written permission to do so. 

SALE AND SHARING OF YOUR PERSONAL INFORMATION

“Sale” of Your Personal Information for Monetary or Other Valuable Consideration

As noted in our Privacy Policy, we do not sell Personal Information as the term “sell” is commonly understood to require an exchange for money. However, the use of advertising and analytics cookies on our Platforms and Services is considered a “sale” of Personal Information as the term “sale” is broadly defined in the CPRA to include both monetary and other valuable consideration. Using this broad definition, our “sale” is limited to our use of third-party advertising and analytics cookies and their use in providing behavioral advertising and their use in understanding how people use and interact with our Platforms and Services. Our “sales” of your Personal Information in this manner is subject to your right to opt-out of those sales (see “Your Choices Regarding our ‘Sale’ or ‘Sharing’ of your Personal Information”). The CPRA prohibits third parties who “purchase” the Personal Information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales. We do not have any actual knowledge that we “sell” the Personal Information of minors under the age of 16. 

“Sharing” of Your Personal Information for Cross-Context Behavioral Advertising

DM may “share” your Personal Information for the purpose of cross-context behavioral advertising, subject to your right to opt-out of that sharing (see “Your Choices Regarding our ’Sale’ or ’Sharing’ of your Personal Information”). Our “sharing” for the purpose of cross-context behavioral advertising would be limited to our use of third-party advertising cookies and their use in providing you cross-context behavioral advertising (i.e., advertising on other websites or in other mediums). When the recipients of your Personal Information disclosed for the purpose of cross-context behavioral advertising are also permitted to use your Personal Information to provide advertising to others, we also consider this disclosure as a “sale” for monetary or other valuable consideration under the CPRA. We do not have any actual knowledge that we “share” the Personal Information of minors under the age of 16.

In the preceding twelve (12) months, DM has “sold” for monetary or other valuable consideration, or “shared” for the purpose of cross-context behavioral advertising, the following categories of Personal Information to the following categories of third parties:

YOUR CHOICES REGARDING OUR “SALE” OR “SHARING” OF YOUR PERSONAL INFORMATION

You have the right to direct us to not “sell” your or “share’ your Personal Information as such terms are described above. To exercise these rights, you (or your Authorized Agent) may adjust your cookie preferences by configuring your browser to send us a privacy signal as described in more detail below, or by setting your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. 

You do not need to create an account with us to exercise your opt-out rights. 

Once you exercise your opt-out rights, we will wait at least twelve (12) months before asking you to reauthorize our “sale” and “sharing” of your Personal Information. However, you may change your mind and opt back into the “sale” and “sharing” of Personal Information at any time by adjusting your cookie preferences to allow analytics and advertising cookies. 

YOUR CHOICES REGARDING OUR USE AND DISCLOSURE OF YOUR SENSITIVE PERSONAL INFORMATION

We do not use or disclose your Sensitive Personal Information for any purpose other than the following permitted purposes under the CPRA:

• to perform the services or provide the goods reasonably expected by an average consumer who requests such goods or services;
• to detect security incidents that compromise the availability, authenticity, integrity, and confidentiality of stored or transmitted Personal Information, provided that our use of your Personal Information is reasonably necessary and proportionate for such purposes;
• to resist malicious, deceptive, fraudulent, or illegal actions directed at DM and to prosecute those responsible for those actions, provided that our use of your Sensitive Personal Information is reasonably necessary and proportionate for this purpose;
• to ensure the safety of natural persons, provided that our use of your Sensitive Personal Information is reasonably necessary and proportionate for this purpose;
• for short-term, transient use, including, but not limited to, non-personalized advertising shown as part of your current interaction with us, provided that the Sensitive Personal Information is not disclosed to another third-party and is not used to build a profile about you or otherwise alter your experience outside the current interaction with us; 
• to perform services on behalf of us, such as maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of us; and
• to verify or maintain the quality or safety of a service or device that is owned or controlled by us, and to improve, upgrade, or enhance such service or device. 

Because we only use your Sensitive Personal Information for these permitted purposes, we do not provide you with an opportunity to limit our use of your Sensitive Personal Information.

RETENTION OF YOUR PERSONAL INFORMATION

We will retain the Personal Information listed above for as long as necessary to fulfill the purpose for which it was collected. However, we may retain any or all categories of Personal Information when your information is subject to one of the following exceptions:

• When stored in our backup and disaster recovery systems. Your Personal Information will be deleted when the backup media your Personal Information is stored on expires or when our disaster recovery systems are updated. 
• When necessary for us to exercise or defend legal claims. 
• When necessary to comply with a legal obligation. 
• When necessary to help ensure the security and integrity of our IT systems and to protect the rights, property, or safety of DM, our facilities, our customers, or others. 

Your Personal Information will be deleted when we no longer require your Personal Information for any of the above purposes and are not required by our customer to continue storing it.