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1. Introduction

PLEASE READ THIS PRIVACY POLICY CAREFULLY.  THIS PRIVACY POLICY PERTAINS TO YOUR ACCESSING AND USING THE MAGID.COM WEBSITE AND RELATED SERVICES.

The Service is operated by Frank N. Magid Associates, Inc., with a principal place of business at 8500 Normandale Lake Blvd, Suite 630, Minneapolis, MN 55437 (“Magid” or “we”).  This Privacy Policy describes the information collected through your use of the Service, how we use it, how we share it, how we protect it, and the choices you can make about your information.

ATTENTION: PLEASE READ OUR PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICE.  USING THE SERVICEINDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THIS PRIVACY POLICY IN FULL. IF YOU DO NOT ACCEPT THIS PRIVACY POLICY, DO NOT USE THE SERVICE. You acknowledge (a) that you have read and understood this Privacy Policy; and (b) this Privacy Policy shall have the same force and effect as a signed agreement.

Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this Privacy Policy.

This Privacy Policy is part of Magid’s Terms of Use.  Any terms defined in the Terms of Use shall have the same meaning in this Privacy Policy.

Please review the Privacy Policy each time you use the Service.  If we materially change this Privacy Policy, if we have your email address, we will notify you of material changes to this Privacy Policy via email. If we do not have your email address, we will update this page to reflect any changes to this Privacy Policy. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE PRIVACY POLICY.

2. Information We Collect

We collect information from you when you use the Service, contact or interact with us, sign up for our newsletter or other mailing list, share information through social media, and voluntarily provide us with your comments and other content in connection with using the Service.

When you submit a contact request form through the Service, you provide information to Magid including your name, email address, company name.

When registering to receive the Magid I-Facts newsletter, we collect your name, email address, company name, and preferred newsletter format.

When You access and use the Service, we automatically collect information regarding you and your device, including your device’s internet protocol address, the domain name of your internet service provider, your location, your mobile device information (e.g. device model and operating system version), your page visits, your social sharing activity, and aggregated information that cannot be used to specifically identify you.  Additional information collected is described in the Analytics and Cookies, Local Storage and Other Tracking Technologies sections below.

We may combine all of the information we collect from or about you and use it in the manner described in this Privacy Policy.

3. How We Use Your Information

We use the information that we collect for several purposes, including:

  • The purposes for which you provided it;
  • To provide services to you;
  • To provide user verification services;
  • To connect with your social media accounts and post content you choose to share;
  • To process and respond to your inquiries and comments;
  • To send you information about your relationship or transactions with us;
  • To develop new products and services;
  • To personalize and enhance your experience using the Service;
  • To send periodic emails.  The email address you provide may be used to send you information and updates pertaining to your account, in addition to receiving occasional company news, updates, the Newsletter, etc.  Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email;
  • To generate and review reports and data about our user base and service usage patterns;
  • To compile aggregate data for internal and external business purposes;
  • To prevent fraud and abuse of the Service and to otherwise protect users and visitors and our business;
  • To assist law enforcement and respond to subpoenas;
  • To administer, operate and improve the Service and for internal business purposes; and
  • To perform other business activities as needed, or as described elsewhere in this Privacy Policy.

As explained elsewhere in this Privacy Policy, personal information we collect may be processed by our partners in providing related services to the Service (such as administration services, technical services relating to the maintenance, servicing, and upgrading of the products, software, hosting services, data migration services and analytical services, among others).

4. How Information is Disclosed

Information may be disclosed to third parties in accordance with our Privacy Policy.  Please note that a user may choose not to share certain information as described in the Your Choices Regarding Your Information, Section 7 below.

A. Third Party Service Providers and Business Partners.

We may use third party service providers and business partners to perform functions in connection with the Service, such as site analytics, email marketing, social sharing, and functions related to analyzing and improving the Service usefulness, reliability, user experience, and operation, advertising, storing data, and as otherwise described in this Privacy Policy.  We also may share users’ personal information with advertisers for their direct marketing and promotional purposes and so they can provide services to you.

We use MailChimp, a third party service provider that allows for users to efficiently email clients and provides analytics to manage how to best use emails.  MailChimp collects your information that we send it for marketing purposes.  For more information on MailChimp’s privacy policy, please visit: https://mailchimp.com/legal/privacy/.

B. Business Changes.

If we become involved in a merger, acquisition, sale of assets, joint venture, securities offering, bankruptcy, reorganization, liquidation, dissolution, or other transaction or if the ownership of all or substantially all of our business otherwise changes, we may transfer your information to a third party or parties in connection therewith.

C. Affiliates.

We may also share your information with our affiliates for purposes consistent with this Privacy Policy.  Our affiliates will be required to maintain that information in accordance with this Privacy Policy.

D. Investigations and Law.

We may disclose information about you to third parties if we believe that such disclosure is necessary to:

  • Investigate, prevent, or take action regarding suspected illegal activities, suspected fraud, the rights, reputation, safety, and property of us, users or others, or violations of our policies or other agreements with us;
  • Comply with the law or guidance and cooperate with government or law enforcement officials or private parties;
  • Respond to claims and legal process (for example subpoenas); and/or
  • Protect against legal liability.

E. Aggregated Information.

We may share aggregated information relating to users of the Service with affiliated or unaffiliated third parties.  This aggregated information does not contain personal information about any user.

F. Analytics.

We use third party analytics tools to help us measure traffic and usage trends for the Service.  These tools may use cookies and other technologies to collect information about your use of the Service.  These tools collect information sent by your device or the Service and other information that assists us in improving the Service.  This information may be used to, among other things, analyze and track data, determine the popularity of certain content, and better understand your online activity.

We use Google’s Universal Analytics to better understand who is using the Service and how people are using it.  Google uses cookies, pixel tags and other technologies to collect and store information such as Site pages visited, places where users click, time spent on each Site page, IP address, type of operating system used, location-based data, device ID, search history, and phone number.  We use this information to improve the Site and as otherwise described in this Privacy Policy.  Please see http://www.google.com/policies/privacy/partners/ for information about how Google Analytics uses this information, visit https://tools.google.com/dlpage/gaoptout for information about the Google Analytics Opt-out Browser Add-on, and visit http://www.google.com/settings/ads/ to adjust the settings for your Google account.

We may also participate in certain Google Advertiser features including Demographics and Interest Reporting, Remarketing, and Google Display Network Impression Reporting.  These features use third party cookies and other tracking mechanisms and allow us to market our products to you through advertisements on other websites.  You can opt out of these Google features by downloading and installing Google’s opt-out browser add-on.

Google Analytics may track you over time and across websites or applications.

5. Cookies, Local Storage, and Other Tracking Technologies

These and other third parties may collect or receive information about your use of the Service, including through the use of cookies, web beacons and other technologies, and this information may be collected over time and combined with information collected on different websites and online services, which may be used for remarketing and may track users across websites and apps and over time.  For instance, Google enables us to present users with retargeting advertising on other sites based on users’ previous interaction with the Service.  You can instruct your browser to stop accepting cookies.  But if you do not accept cookies, you may not be able to use all portions of all functionality of the Service.

A.  Cookies. We use cookies, which are small data files that are saved to your device when you use the Service.

i. Type of cookies we use. We may use both session cookies and persistent cookies. A session cookie is a temporary file which is only active while you are on the Service and is erased once you close your browser. Unlike a session cookie, a persistent cookie is not deleted when you close your browser and will remain on your device indefinitely. We use cookies to identify when you return to the Service, track usage statistics and store your preferences.

ii. Adjusting cookie settings on your browser.  By default, most browsers will automatically accept cookies. However, you can disable cookies completely, or be prompted prior to a cookie being loaded, by adjusting your browser’s settings. Consult each individual browser’s “help” feature for more information.

B. Web Beacons. Web beacons are small graphic images or other programming code (also known as “web bugs,”  “1×1 GIFs” or “clear GIFs”) used to keep track of your navigation through the Service and your electronic communication with us. We may include web beacons in our web pages and email messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or email can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Service, to monitor how users navigate the Service, to count how many emails that were sent were actually opened or to count how many particular articles or links were actually viewed. Web beacons may be used to collect certain personal information (for example, the email address associated with an email message).

C. Embedded Scripts. An embedded script is a programming code that is designed to collect information about your interactions with the Service, such as information about the links on which you click. The code is temporarily downloaded onto your device from our web server or a third party service provider. The code is active only while you are connected to the Service, and is deactivated or deleted once you disconnect from the Service.

We use cookies and other tracking technologies on the Service to help us understand and save your preferences and interests so we can personalize your future visits and compile aggregate data about website traffic and website interaction so that we can offer better website experiences and tools in the future.

Some of our business partners, such as our analytics providers and social media connections, also use cookies and other tracking technologies on the Service, some of which may track users across websites and over time.

6. Security

We implement a variety of security measures to protect the safety of your personal information when you enter or submit your personal information.

While we take reasonable measures to protect the information you submit via the Service against loss, theft and unauthorized use, disclosure, or modification, we cannot guarantee its absolute security.  No Internet, email, or mobile application transmission is ever fully secure or error free.  Email or other messages sent through the Service may not be secure.  You should use caution whenever submitting information through the Service and take special care in deciding which information you provide us.

We cannot guarantee that transmissions of your personal information will be fully secure and that third parties will never be able to defeat our security measures or the security measures of our partners.  WE ASSUME NO LIABILITY FOR DISCLOSURE OF YOUR INFORMATION DUE TO TRANSMISSION ERRORS, THIRD-PARTY ACCESS OR CAUSES BEYOND OUR CONTROL.

7. Data Retention Policy

We will retain your information for as long as you use the Service and for a reasonable time thereafter.  Please note that some or all of the information we have collected may be required in order for the Service to function properly.

8. Your Choices Regarding Your Information

You have choices regarding the use of information by the Service.

A. Changing Your Information.

You may request to review, update, or have deleted any personal information collected from you by MagidontheService.  Just send us an email asking to review or update your personal information, or to have us delete your personal information.  However, we reserve the right to retain personal information as necessary to comply with federal and state laws.

B. Email Communications.

You can make changes regarding receiving email communications from us by contacting us at letstalk@magid.com.

C. Social Networking.

You should make sure you are comfortable with the information that a third party social networking service may make available to us by carefully reviewing the social media service’s privacy policy and terms and conditions and by modifying your privacy settings directly on that service.

D. Opt-Outs Available from Our Partners.

Some of our partners allow users to opt-out of their collection of information.  See Analytics and Cookies, Local Storage and Other Tracking Technologies sections above for details.

9. Information Collected From Other Websites, and Do Not Track Policy

Through cookies we place on your browser or device, we and our partners may collect information about your online activity after you leave the Service.  Just like any other usage information we collect, this information allows us to improve the Service and customize your online experience, and otherwise as described in this privacy policy.  Your browser may offer a “Do Not Track” option, which allows you to signal to operators of websites and mobile applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and/or across different websites and mobile applications and services. The Service does not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Service and after you leave the Service.

10. Children

We do not knowingly collect personal information from an individual under age 13.  If you are under the age of 13, please do not submit any personal information through the Service.  If you have reason to believe that we may have accidentally received personal information from an individual under age 13, please contact us immediately at bmiller@magid.com.

11. Terms and Conditions

Please also visit the Frank N. Magid Associates, Inc.’s Terms of Use at http://magid.com/terms-of-use/, which states the terms, disclaimers, and limitations of liability governing your use of the Service.

12. Changes to the Privacy Policy

We reserve the right to update or modify this Privacy Policy at any time and from time to time.  Please review this Privacy Policy periodically, and especially before you provide any information.  This Privacy Policy was made effective on the date indicated above.  Please check the Service to ensure that you are reviewing the most recent Privacy Policy.

13. Your California Privacy Rights

Section 1798.83 of the California Civil Code permits California residents to request from a business, with whom the California resident has an established business relationship, certain information about the types of personal information the business has shared with third parties for those third parties’ direct marketing purposes and the names and addresses of the third parties with whom the business has shared such information during the immediately preceding calendar year.  You may make one request each year by emailing us at bmiller@magid.com.

14. How to Contact Us

If you any questions about this Privacy Policy or our use of your personal information, please contact us at LetsTalk@magid.com or 8500 Normandale Lake Blvd, Suite 630, Minneapolis, MN 55437.

(Last modified March 30, 2017)