Terms of Service, Privacy, Security and Legal Terms
Terms of Service
Terms of Service
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PURCHASING, DOWNLOADING AND/OR USING SOFTWARE FROM MAGENI SECURITY, LLC.
BY PURCHASING, DOWNLOADING AND/OR USING THE SOFTWARE PROVIDED BY MAGENI SECURITY LLC'S, CLIENT AND/OR USER SIGNIFIES ITS ASSENT TO AND ACCEPTANCE OF THIS AGREEMENT AND
ACKNOWLEDGES IT HAS READ AND UNDERSTANDS THIS AGREEMENT. AN INDIVIDUAL ACTING ON BEHALF OF AN ENTITY
REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY. IF CLIENT AND/OR USER
DOES NOT ACCEPT THE TERMS OF THIS AGREEMENT, THEN IT MUST NOT USE THE SOFTWARE.
1. About The Software and Website.
(a) Mageni Security LLC provides an open-source vulnerability scanning and management platform (The Software) which is licensed under GPLv2+. You can download a copy of the source code, in compliance with the GPLv2+, from Open Source Compliance and read about GPLv2+ Free Software Selling. In order to use the Software, you must meet or exceed the specifications found in Requirements.
(b) Mageni Security LLC reserves the right to withdraw and add features to the Software.
(c) You shall not purport to take on any obligation or responsibility, or make any representations, warranties, guarantees or endorsements to anyone on behalf of Mageni Security LLC, including without limitation, relating to Mageni Security LLC products, software, or services. Except as specifically permitted in this Agreement, You shall not state or imply that any of Your products have been endorsed, reviewed, certified or otherwise approved by Mageni Security LLC.
(d) You hereby represent and warrant to Mageni Security LLC that: (i) You will not intentionally harm the reputation or goodwill of Mageni Security LLC through any act or omission, and (ii) You have used commercially reasonable efforts to ensure that any software, code, algorithm, API, etc., transferred to Mageni Security LLC is free from any time bomb, virus, drop dead device, worm, Trojan horse, or trap door that is designed to delete, disable, deactivate, interfere with, or otherwise harm hardware, data, or other programs or that is intended to provide access or produce modifications not authorized by Mageni Security LLC.
(e) You shall, at Your sole cost and expense, defend (or at its option, settle) and indemnify Mageni Security LLC and Mageni Security LLC’s subsidiaries and affiliates, and their officers, directors, employees, representatives and agents, from and against any and all third party claims brought against Mageni based upon a claim that use of Your software or Your product in accordance with this Agreement infringes such third party’s patent, copyright or trademark or misappropriates any trade secret, and shall pay all settlements entered into and damages awarded to the extent based on such claim or action.
(f) By downloading the software you agree to receive news from Mageni Security LLC in your email address that you used to sign up.
2. Support/Service Levels.
Mageni will provide only paid customers with the support plan they have purchased. Support will be provided in accordance with Mageni Security LLC’s then-current Technical Support Plan document and consistent with Mageni’s Product Lifecycle Policy. Users of the Free Version can use the Documentation Site
3. Professional Services.
(a) Mageni may provide You with Professional Services as further described in a Statement of Work or Professional Services Specifications provided with or referenced in a quote. Subject to payment in full for the Professional Services, Mageni grants You a non-exclusive, non-transferable right to use the Materials for Your internal use and solely in conjunction with the Services. Except as otherwise agreed to by the parties in writing, all Professional Services Specifications or signed Statements of Work will be governed by this Agreement. In the event of inconsistency between this Agreement and a signed Statement of Work, the Statement of Work shall govern.
(b) If You or Your designated attendees ("Attendees") do not attend a scheduled training session or cancel a Professional Services engagement without providing proper notice, Mageni shall have no obligation to perform the Professional Services or provide a refund. You must provide Mageni at least ten (10) business days’ notice to reschedule. Mageni reserves the right to reject requests for rescheduling submitted with less than ten (10) business days’ notice. For training courses, You may substitute different individuals for scheduled Attendees provided Mageni is properly notified at least three (3) business days in advance. Mageni is not obligated to provide any services except as mutually agreed in a Professional Services Specifications or Statement of Work.
(c) For Professional Services occurring on Your site, Mageni agrees to comply, as it determines to be appropriate, with Your reasonable security procedures provided You inform Mageni of such procedures in advance. Some of the Professional Services may require You to have specialized knowledge or meet particular software or hardware requirements (for example, appropriate computers or appliances, stable Internet connection, verification of network communication paths, receipt of applicable software license keys, up-to-date web browser, operating system, etc.). You are responsible for assessing the suitability of the Professional Services. Mageni will not provide any refund based on a failure to meet prerequisites. If technical issues arise during the Professional Services, Mageni will use commercially reasonable efforts to resolve such issues, but will have no liability based on Your failure to meet technical requirements.
(d) The Professional Services will be deemed satisfactory and accepted by You unless within ten (10) calendar days after the Professional Services have been performed, You give Mageni written notice of the respects in which You believe the results do not conform to the applicable requirements. Upon confirmation by Mageni of nonconformance of the Professional Services, Mageni’s entire liability and Your exclusive remedy will be for Mageni to use its reasonable efforts to re-perform the Professional Services within a reasonable period of time; provided that if Mageni is unable to re-perform the Professional Services, Mageni may elect to refund all payments actually received by Mageni from You for the particular Professional Services deemed to be nonconforming, in full satisfaction of Mageni’s obligations.
(e) Professional Services must be scheduled within three (3) months of the date You originally ordered such Professional Services, and completed within six (6) months of the date You originally ordered such Professional Services. If You do not schedule Professional Services within this time frame, Mageni shall have no obligation to perform the Professional Services or provide a refund.
(f) For a period of one (1) year after completion of Professional Services, You will not, either directly or indirectly, employ or solicit for employment any person employed by Mageni or any of its affiliates that have provided You with Professional Services under this Agreement. For the avoidance of doubt, this restriction shall not prevent You from hiring based on a response to Your advertising in good faith to the general public a position or vacancy to which an employee or worker of Mageni responds, provided that no such advertisement shall be intended to specifically target Mageni personnel.
(g) All penetration testing services related to revalidation and retest must be performed within 90 days of the penetration test. If not, the customer waives to its rights of revalidation and retest.
This Agreement commences on the Effective Date and continues for the duration of the initial term agreed upon by the parties as set forth in a Mageni Security LLC's Invoice, or until it is terminated according to the terms of this Agreement. If You are and User or Client of the Free Version of The Software, you can terminate this agreement just by uninstalling The Software.
5. Restrictions on Use.
(a) You may not do any of the following:
(i) Request of the Software or perform scans of networks and Devices using The Software for which You do not have the express authority to do so;
(ii) Request from The Software vulnerability scans that will constitute any attack, hack, crack, or any other unauthorized access, malicious usage or unlawful activity;
(iii) Use The Software in such a way as to create an unreasonable load on any system in the world or the Devices to which you have directed The Software to interact;
(iv) Use The Software to access or reveal any personal information;
(vi) Violate the terms of the GPL license or any other license of the software installed in the appliance or;
(vii) impersonate or in any way misrepresent Your affiliation or authority to act on behalf of any entity. If You request scanning from The Software (intentionally or not) of a third party network, You agree to be fully responsible for any damages attributable to such scanning, and You further agree that The Software may provide all relevant information to the target of such scanning as well as lawful authorities if they pursue an inquiry into such scanning, and such disclosure shall not be considered a breach of confidentiality.
(b) You may not use The Software if you are located in or are a national of a place where applicable law prohibits the
use of The Software or where U.S. law does not permit the download of The Software. (e.g., Cuba, Iran, North Korea, Sudan, Syria).
6. Confidentiality; Privacy.
(a) Confidential Information will remain the property of the Disclosing Party, and the Receiving Party will not be deemed by virtue of this Agreement or any access to the Confidential Information to have acquired any right, title or interest in or to the Confidential Information.
(b) "Confidential Information" shall not include information that (a) is already known to the Receiving Party or its affiliates, free of any obligation to keep it confidential; (b) is or becomes publicly known through no wrongful act of the Receiving Party or its affiliates; (c) is received by the Receiving Party from a third party without any restriction or confidentiality; (d) is independently developed by the Receiving Party or its affiliates without reference to the disclosing party’s Confidential Information; (e) is disclosed to third parties by the Disclosing Party without any obligation of confidentiality; or (f) the Disclosing Party designates in writing as not confidential.
(c) The Receiving Party agrees to hold the Disclosing Party’s Confidential Information in strict confidence, affording the Disclosing Party’s Confidential Information at least the same level of protection against unauthorized disclosure or use as the Receiving Party normally uses to protect its own information of a similar character, but in no event less than reasonable care. Mageni may share Confidential Information with its affiliates or authorized contractors in the performance of the Services.
(d) If the Receiving Party or any of its partners, officers, directors, employees or agents is requested or required in a legal proceeding or pursuant to legal process to disclose any Confidential Information, then the Receiving Party will use all reasonable efforts to notify the Disclosing Party promptly so that the Disclosing Party may seek any appropriate protective order and/or take any other action to prevent or limit such disclosure. If, in the absence of a protective order or the receipt of a waiver hereunder, the Receiving Party is nonetheless, in the judgment of its counsel, compelled to disclose such Confidential Information, the Receiving Party shall use all reasonable efforts to inform the Disclosing Party as far in advance of such disclosure as practicable and will furnish only that portion of the Confidential Information disclosure of which is legally required. The Receiving Party acknowledges and agrees that the breach of any term, covenant or provision of this Agreement may cause irreparable harm to the Disclosing Party and, accordingly, upon the breach by the Receiving Party of any term, covenant or provision of this Agreement, the Disclosing Party shall be entitled to injunctive relief, together with any other remedy available at law or in equity.
(e) The Receiving Party will notify the Disclosing Party promptly of any unauthorized use or disclosure of the Disclosing Party’s Confidential Information. If You provide personal information to Mageni hereunder and You notify Mageni in writing that You have done so, Mageni agrees to use commercially reasonable efforts to protect its security.
(f) Mageni will not delete Your scan data hosted by the Services less than twelve (12) months after the scans are run; however, You acknowledge that Mageni may be obligated to maintain copies of certain of Your scans for a longer period of time for compliance purposes.
(h) Mageni will contact you to the email that you used to register and download the software with security notices and notifications. The email may be confidential or privileged. If you received a communication by mistake, don't forward it to anyone else, erase all copies and attachments, and let us know that it went to the wrong person. The terms in an email may reflect a potential business arrangement which are provided solely as a basis for further discussion, and are not intended to be and do not constitute a legally binding obligation. No legally binding obligations will be created, implied, or inferred until an agreement in final form is executed in writing by all parties involved. Although they have taken reasonable precautions to ensure no viruses are present in the email,s it is not possible to prevent security breaches and, for consequence, accept responsibility for any loss or damage arising from the use of the email communications, attachments or computer products and services. There is no liability for the content in the email, or for the consequences of any actions taken on the basis of the information provided, unless that information is subsequently confirmed in writing by all parties involved.
7. Warranty; Disclaimer.
(a) MAGENI SECURITY LLC DOES NOT GIVES WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, INTEGRATION, PERFORMANCE AND ACCURACY, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. YOUR USE OF THE SOFTWARE IS AT YOUR OWN RISK. YOU UNDERSTAND THAT ASSESSING NETWORK SECURITY IS A COMPLEX PROCEDURE, AND MAGENI SECURITY LLC DOES NOT GUARANTEE THAT THE RESULTS OF THE SOFTWARE WILL BE ERROR-FREE OR PROVIDE A COMPLETE AND ACCURATE PICTURE OF YOUR SECURITY FLAWS AND VULNERABILITIES, AND YOU AGREE NOT TO RELY SOLELY ON THIS SOFTWARE IN DEVELOPING YOUR SECURITY STRATEGY. MAGENI SECURITY LLC MAKES NO GUARANTEE THAT A SUCCESSFUL COMPLETION OF SECURITY SCAN WILL MAKE YOU AND/OR YOUR NETWORK OR THE SCANNED ASSETS SECURE AND COMPLIANT WITH THE PAYMENT CARD INDUSTRY DATA SECURITY STANDARD OR ANY OTHER STANDARD. YOU ACKNOWLEDGE THAT VULNERABILITY SCANNING MAY RESULT IN LOSS AND INTERRUPTION OF SERVICE OR OTHER IMPACT TO NETWORKS OR COMPUTERS, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES RELATING TO SUCH LOSS OR IMPACT. IN NO EVENT SHALL MAGENI SECURITY LLC, THE COPYRIGHT OWNER OR ANY CONTRIBUTOR TO ANY AND ALL SOFTWARE PROVIDED BY OR PUBLISHED BY MAGENI SECURITY LLC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.)
8. Exclusion of Other Damages.
UNDER NO CIRCUMSTANCES WILL MAGENI SECURITY LLC BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OF THE SOFTWARE, LOSS OF DATA, SECURITY BREACH, PROPERTY DAMAGE, FOR ANY LOST PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OR LOST SAVINGS, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE, WHETHER OR NOT MAGENI SECURITY LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR VERIFYING THE SECURITY, ACCURACY AND ADEQUACY OF ANY OUTPUT FROM THE SOFTWARE, AND FOR ANY RELIANCE THEREON.
10. Your Payment Obligations.
You agree to pay all amounts due or incurred by You, as specified in any Mageni Invoice or any other invoice or ecommerce transaction provided by Mageni or its reseller in consideration for Your use of the Services. Fees are charged for access to the Services and/or Software, not actual usage. Unless otherwise agreed to in writing or as detailed in a signed Statement of Work, payment for Professional Services is due within thirty (30) days from the Order Date. You agree to pay for actual travel and living expenses for Professional Services where Mageni is conducting on-site work. Payment for travel and living expenses is due thirty (30) days from the date You receive a Mageni Invoice. You agree to pay directly or reimburse Mageni or its reseller for any taxes (including, sales or excise taxes, value added taxes, gross receipt taxes, landing fees, import duties and the like), however designated and whether foreign or domestic, imposed on or arising out of this Agreement or Your use of the Services. Notwithstanding the foregoing, Mageni will be solely responsible for its income tax obligations and all employer reporting and payment obligations with respect to its personnel. You agree to pay Mageni or its reseller without deducting any present or future taxes, withholdings or other charges except those deductions it is legally required to make. If You are legally required to make any deductions or withholding, You agree to provide evidence of such withholding upon request. You agree to pay any arrears, surcharge, interest and penalties imposed due to late payments by more than thirty (30) and to any taxing authorities or applicable laws to the extent such interest and penalties are applicable to invoices or taxes not paid at Your request or as a result of reliance by Mageni on Your representations. If a certificate of exemption or similar document or proceeding is necessary in order to exempt any transaction from a tax, You will obtain such certificate or document.
11. Legal Compliance; Restricted Rights.
The Software and Services are provided solely for lawful purposes and use. You agree to perform Your obligations in a manner that complies with all applicable national, federal, state and local laws, statutes, ordinances, regulations, codes and other types of government authority (including those governing unfair competition, anti-discrimination, false advertising, privacy and data protection, and publicity and those identifying and requiring permits, licenses, approvals, and other consents) ("Laws"). Without limiting the foregoing, You agree to comply with all U.S. computer security laws, including, without limitation, the Computer Fraud and Abuse Act ("CFAA"), 18 USC Sec. 1030. You also agree to comply with all U.S. export laws (including the International Traffic in Arms Regulation ("ITAR"), 22 CFR 120-130, and the Export Administration Regulation ("EAR"), 15 CFR Parts 730 et seq.) and applicable export Laws of Your locality (if You are not in the United States), to ensure that no information or technical data provided pursuant to this Agreement is exported or re-exported directly or indirectly in violation of law or without first obtaining all required authorizations or licenses. You agree that You will be the exporter of record any time You cause the Software to be accessed outside the United States or by a national of any country other than the United States. You will, at Your sole cost and expense, obtain and maintain in effect all permits, licenses, approvals and other consents related to Your obligations under this Agreement. You agree, at Your expense, to comply with all foreign exchange and other Laws applicable to You. The parties further agree to comply with sanctions administered by the Department of Treasury’s Office of Foreign Assets Control ("OFAC") and shall not engage in prohibited trade to persons or entities on the Specially Designated Nationals ("SDN") list.
You may terminate this Agreement at any time by stopping use of the Services and providing notice in writing to Mageni or; provided, however, such termination shall not relieve You of any payment obligations incurred up to the date of termination. Mageni may terminate this Agreement and Your access to the Services upon thirty (30) days’ notice if You fail to materially comply with any term or condition of this Agreement. Immediately after the expiration or termination of this Agreement, You shall remove any copies of the Software and, upon Mageni’s request, You shall certify to Mageni in writing that through Your best efforts and to the best of Your knowledge all such materials have been returned to Mageni and removed from host computers on which Software resided. Notwithstanding the foregoing, Mageni may terminate this Agreement immediately upon notice if You breach Sections 5, 10, 11, 20.
13. Governing Law.
This Agreement shall be governed in all respects by the laws of the State of Delaware, USA, without regard to choice-of-law rules or principles. You expressly agree with Mageni that this Agreement shall not be governed by the U.N. Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. It is your responsability to read this agreement and to keep up-to-date with the its changes.
14. Dispute Resolution.
You and Mageni submit to the exclusive jurisdiction of the courts of Delaware, and the United States District Court for Delaware for any question or dispute arising out of or relating to this Agreement. Due to the high costs and time involved in commercial litigation before a jury, the parties waive all right to a jury trial with respect to any issues in any action or proceeding arising out of or related to this Agreement.
15. Modification of Terms.
Except as otherwise provided in this Agreement, You agree, during the term of this Agreement, that Mageni may: (a) revise the terms and conditions of this Agreement; and/or (b) change part of the Services provided under this Agreement at any time. Any such revision or change will be binding and effective thirty (30) days after posting of the revised Agreement or change to the Service on Mageni's website, or upon notification to You by e-mail. You agree to periodically review Mageni’s website, including the current version of this Agreement, to be aware of any such revisions. If You do not agree with any revision to the Agreement, You shall immediately cease using the Service or Reports. By continuing to the Service after any revision to this Agreement or change in Service, You agree to abide by and be bound by any such revisions or changes.
Any notices or other communication to Mageni Security LLC pursuant to this Agreement must be in writing, in English, and will be deemed to have been duly given when delivered if delivered personally or sent by recognized overnight express courier. All notices to Mageni must be sent to the address described in this Agreement to the attention of the Legal Department (unless otherwise specified by Mageni). All notices to You may be sent to the physical address referenced in this Agreement or otherwise provided to Mageni, or the email address You provided during registration.
You may not assign or otherwise transfer this Agreement without Mageni Security LLC’s prior written consent, which will not be unreasonably withheld.
This Agreement constitutes the entire agreement between the parties, and supersedes all other prior or contemporaneous communications between the parties (whether written or oral) relating to the subject matter of this Agreement. No purchase order shall modify, supersede, or become part of this Agreement, or otherwise contractually bind Mageni Security LLC. The provisions of this Agreement will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions. Section headings are for convenience only and shall not be considered in the interpretation of this Agreement. In addition, if any provision of this Agreement, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of the parties. You agree that Mageni Security LLC may use Your name or logo in a customer list. Neither party shall be liable for any loss or delay (including failure to meet the service level commitment) resulting from any force majeure event, including, but not limited to, acts of God, fire, natural disaster, terrorism, labor stoppage, Internet service provider failures or delays, civil unrest, war or military hostilities, criminal acts of third parties, and any payment date or delivery date shall be extended to the extent of any delay resulting from any force majeure event. No failure or delay by a party in exercising any right, power or remedy will operate as a waiver of that right, power or remedy, and no waiver will be effective unless it is in writing and signed by the waiving party. If a party waives any right, power or remedy, the waiver will not waive any successive or other right, power or remedy the party may have under this Agreement. The parties are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between the parties. Any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement. "Including" and its derivatives (such as "include" and "includes") mean including without limitation; this term is as defined, whether or not capitalized in this Agreement.
The language of this Agreement is English and all invoices and other documents given under this Agreement must be in English to be effective. No translation, if any, of this Agreement or any notice will be of any effect in the interpretation of this Agreement or in determining the intent of the parties. The parties have expressly agreed that all invoices and related documents be drafted in English.
20. Scanning Indemnity.
(a) YOU REPRESENT AND WARRANT THAT YOU AGREE TO USE THIS SOFTWARE IN ACCORDANCE WITH ALL APPLICABLE LAWS, ACTS AND REGULATIONS
AND THAT YOU HAVE FULL RIGHT, POWER, AND AUTHORITY TO CONSENT TO HAVE THE SOFTWARE SCAN FOR MALWARE, VULNERABILITIES, WEAK PASSWORDS OR
OTHER RISKS OF THE SITE, APPLICATIONS, DEVICES, NETWORK COMPONENTS, SOFTWARE AND/OR ANY
IT COMPONENT IDENTIFIED TO THE SOFTWARE FOR SCANNING, WHETHER ELECTRONICALLY OR BY ANY OTHER MEANS, WHETHER
DURING INITIAL REGISTRATION, CONFIGURATION OR THEREAFTER. YOU WILL INDEMNIFY AND HOLD HARMLESS MAGENI SECURITY LLC, ITS
AUTHORIZED RESELLERS AND SPONSORS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY
THIRD-PARTY CLAIMS, SUITS, LIABILITIES, LOSSES, DAMAGES, JUDGMENTS, AWARDS, FINES, PENALTIES, COSTS AND EXPENSES
(INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED BY OR LEVIED AGAINST THE SAME RESULTING FROM OR BASED ON YOUR USE OF OR
(b) YOU ALSO ACKNOWLEDGE AND AGREE THAT, DUE TO ITS NATURE, THE VULNERABILITY SCANNING PROCESS COULD EXPOSE MALWARE AND OTHER VULNERABILITIES AND IN SOME CIRCUMSTANCES COULD RESULT IN THE DISRUPTION OF SERVICES OF THE TARGETS AND ASSETS BEING SCANNED. A VULNERABILITY SCANNER MUST FIND WEAK PASSWORDS AND CREDENTIALS, FOR THAT PURPOSE IT PERFORMS BRUTE FORCE ATTACKS THAT COULD LOCK USER ACCOUNTS. BY USING THE SOFTWARE YOU ACKNOWLEDGE AND AGREE THIS AND YOU WILL INDEMNIFY AND HOLD HARMLESS MAGENI SECURITY LLC, ITS AUTHORIZED RESELLERS, PARTNERS AND SPONSORS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY THIRD-PARTY CLAIMS, SUITS, LIABILITIES, LOSSES, DAMAGES, JUDGMENTS, AWARDS, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED BY OR LEVIED AGAINST THE SAME RESULTING FROM OR BASED ON YOUR USE OF OR INABILITY TO USE THE SOFTWARE. DUE TO THE NATURE OF SCANNING, YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE INVOLVES SUBSTANTIAL RISK AND AS A CONSEQUENCE, YOU ASSUME THE RISK FOR ALL DAMAGES, LOSSES AND EXPENSES RESULTING FROM YOUR USE OF THE SOFTWARE TO SCAN YOUR NETWORK, SOFTWARE, DEVICES AND ANY IT COMPONENT OF YOUR INFRASTRUCTURE AND UNDER NO CIRCUMSTANCES WILL MAGENI SECURITY LLC BE LIABLE FOR ANY DAMAGES RESULTING FROM LOSS OF DATA, SECURITY BREACH, PROPERTY DAMAGE, FOR ANY LOST PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OR LOST SAVINGS, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE, WHETHER OR NOT MAGENI SECURITY LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR VERIFYING THE SECURITY, ACCURACY AND ADEQUACY OF ANY OUTPUT FROM THE SOFTWARE, AND FOR ANY RELIANCE THEREON.
21. Your Obligations.
RESTRICTIONS ON USE OF SITE
As long as You comply with these Terms, Mageni Security, LLC grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. You may not collect any product listings, descriptions, or prices for Your commercial use. You may not download or copy account information for the benefit of another merchant. You may not engage in "deep-linking" or make use of data mining, robots, or similar data gathering and extraction tools on the Site. You may not reproduce or copy the Site or any portion of the Site for any commercial purpose without express written consent of Mageni Security, LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mageni Security, LLC without Mageni Security LLC's express written consent. You may not use any meta tags or any other "hidden text" utilizing Mageni Security, LLC's name or trademarks without Mageni Security, LLC’s express written consent. You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Mageni Security, LLC's systems or networks, or any systems or networks connected to the Site. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach security or authentication measures used on the Site or any network connected to the Site.
USE OF MATERIALS
All materials provided on the Site, including but not limited to information, documents, logos, text, graphics, sounds, images, software and all other content of any description available on the Site or included in any products or services we offer (collectively, "Materials"), are provided either by Mageni Security, LLC or by its respective third party manufacturers, authors, developers and vendors ("Third Party Providers") and are the copyrighted work of Mageni Security, LLC and/or the Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, republished, displayed, or posted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or other means, without the prior express written permission of Mageni Security, LLC or the Third Party Providers, as applicable. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Mageni Security, LLC. Mageni Security, LLC does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Mageni Security, LLC.
If You have any questions about the scope of Your ability to use the Specified Materials or any other of Mageni Security, LLC's Materials, please contact Mageni Security, LLC as described in the "Legal Contact Information" section below. Any permission described in these Terms terminates automatically without notice if You breach any of these Terms. Upon termination, You will immediately destroy any downloaded or printed Materials.
Except where expressly provided otherwise by Mageni Security, LLC, nothing on the Site shall be construed to confer any license under any of Mageni Security, LLC's or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Any unauthorized use of any Materials contained on the Site may violate intellectual property laws, the laws of privacy and publicity, communications regulations and statutes, or other applicable laws. Mageni Security, LLC is not responsible for Your improper or unauthorized use of any Materials contained on the Site.
If You use the Site, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. Mageni Security, LLC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
PURCHASES; OTHER TERMS AND CONDITIONS
Additional terms and conditions may apply to purchases of Mageni Security, LLC’s software and hardware products, and to specific portions or features of the Site, including promotions and contests. You agree to abide by such terms and conditions. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Site, the latter terms shall control with respect to Your use of that portion or feature of the Site.
Mageni Security, LLC may make changes to any products or services offered on the Site or to the applicable prices for any such products, at any time, without notice. The materials on the Site with respect to products may be out of date and Mageni Security, LLC makes no commitment to update the materials on the Site with respect to such products.
LINKS TO THIRD PARTY SITES
The Site may contain links to websites controlled by third parties other than Mageni Security, LLC. Access to any other website linked to this Site is at Your own risk. Mageni Security, LLC is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites. Furthermore, Mageni Security, LLC is not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance of any third party website. Mageni Security, LLC is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Mageni Security, LLC of the linked web site. It is Your responsibility to take precautions to ensure that whatever materials You copy or download from third party web sites are free of viruses or other items of a destructive nature.
By visiting the Site, transmitting or posting any content, and/or emailing Mageni Security, LLC, You are communicating with us electronically. You therefore consent to receive communications from us electronically. We will communicate with You by e-mail or by posting notices on the Site. With Your consent to receive electronic communications, You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
Except where expressly provided otherwise by Mageni Security, LLC, all comments, feedback, information or materials submitted to Mageni Security, LLC through or in association with the Site ("Submissions") shall be considered non-confidential and Mageni Security, LLC's property. By providing such Submissions to Mageni Security, LLC, You agree to assign to Mageni Security, LLC, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights in the Submissions. Mageni Security, LLC shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that You, not Mageni Security, LLC, have full responsibility for the Submissions that You provide, including their legality, reliability, appropriateness, originality and copyright. You represent and warrant that no Submission will be infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, or otherwise in violation of any law or right of any third party. Mageni Security, LLC reserves the right to remove Submissions transmitted or posted by You at any time, for any reason.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MAGENI SECURITY LLC, THE MATERIALS ON THE SITE ARE PROVIDED "AS IS", ARE EXPERIMENTAL, AND ARE FOR NON-COMMERCIAL USE ONLY, AND MAGENI SECURITY, LLC HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. MAGENI SECURITY, LLC MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE SITE.
LIMITATION OF LIABILITY
MAGENI SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL MAGENI BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR OF ANY MATERIALS CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE, EVEN IF Mageni Security, LLC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND YOU WILL NOT MAKE A CLAIM AGAINST MAGENI SECURITY, LLC FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD MAGENI SECURITY, LLC HARMLESS FROM, AND YOU COVENANT NOT TO SUE Mageni Security, LLC FOR, ANY CLAIMS BASED ON OR RELATED TO YOUR USE OF THE SITE OR OF ANY MATERIALS CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE.
You agree to indemnify, defend and hold harmless Mageni Security, LLC and its officers, agents, employees, licensors and service providers from and against any and all claims, losses, liabilities and expenses (including attorney's fees and other legal costs), whether arising in contract, tort or otherwise, relating to or arising out of Your breach of these Terms, applicable law or any right of Mageni Security, LLC and/or any Third Party Provider.
LOCAL LAWS; EXPORT CONTROL
You are responsible for compliance with local laws applicable to Your use of the Site or the Materials, including but not limited to the export and import regulations. You acknowledge and agree that the Materials are subject to the U.S. Export Administration laws and regulations. Diversion of the Materials in breach of such laws and regulations, or any other federal, state, local or foreign law, is prohibited. You represent and agree that none of the Materials, nor any direct product derived from any Materials, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. This list is subject to change without further notice from Mageni Security, LLC, and You must comply with the list as it exists in fact. You certify that You are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining any required licenses to export or re-export the Materials.
The Site may include inaccuracies or typographical errors. Mageni Security, LLC and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described on the Site at any time without notice. Mageni Security, LLC may periodically make changes to the Site.
All NIST publications are available in the public domain according to Title 17 of the United States Code. CVE Usage: MITRE hereby grants you a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute Common Vulnerabilities and Exposures (CVE®). Any copy you make for such purposes is authorized provided that you reproduce MITRE’s copyright designation and this license in any such copy.
Any action related to these Terms will be governed by Delaware law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. You agree that any proceeding to enforce these Terms will be brought in a state or federal court located in Delaware. You agree to submit to the personal jurisdiction of these courts for the purpose of any proceeding to enforce these Terms and waive any objections to venue in these courts.
CHANGES/UPDATES TO TERMS
These Terms represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications. Mageni Security, LLC has the right to revise these Terms at any time without notice by updating this posting. Any subsequent use of the Site by You will be governed by the revised Terms. Any rights not expressly granted herein are reserved by Mageni Security, LLC. Headings are used in these Terms for reference purposes only and shall not be used to interpret or construe these Terms. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be stricken and the remaining provisions enforced.
INTELLECTUAL PROPERTY NOTICES
Mageni is an ancient Hebrew word which means "My Shield" and/or "My Defender" and is registered trademark Mageni Security, LLC.
All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.
If You believe that your work has been copied in a way that constitutes copyright infringement, please provide Mageni Security, LLC's copyright agent the following written information: (1) a signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that You claim has been infringed upon; (3) a description of where the material that You claim is infringing is located on the Site; (4) Your address, telephone number, and e-mail address; (5) a statement by You that You have a good-faith belief that the disputed use has not been authorized; and (6) a statement by You, made under penalty of perjury, that the information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf. Mageni's copyright agent for notice of claims of copyright infringement on the Site can be reached at the following address:
Mageni Security, LLC
Attn: Legal Department
110 Mamaroneck Avenue, STE 2
White Plains, NY 10601
LEGAL CONTACT INFORMATION
If You have any questions about these Terms, or if You would like to request permission to use any Materials in any manner not expressly authorized in these Terms, please contact the Mageni Security, LLC's Legal Department at: firstname.lastname@example.org.
Effective Date: June 22, 2019
Particularly Important Information
Who we are: For the purpose of applicable data protection legislation, the data controller of your personal data is Mageni Security, LLC 110 Mamaroneck Ave STE 2 White Plains, NY 10601, and its subsidiaries.
Must Read Sections: We draw your attention in particular to the sections entitled “International Data Transfer” and “Your Rights.”
Changes to this Policy: We will post any modifications or changes to the Policy on our Site. We reserve the right to modify the Policy at any time, so we encourage you to review it frequently. The “Last Updated” legend above indicates when this Policy was last changed. If we make any material change(s) to the Policy, we will notify you via email and/or post a notice on our Site prior to such changes(s) taking effect.
Purposes of Processing
What is personal data?
We collect information about you in a range of forms, including personal data. As used in this Policy, “Personal Data” is as defined in the UK Data Protection Act 1998/the European Data Protection Directive 95/46/EC/General Data Protection Regulation 2018 and any successor legislation, this includes any information which, either alone or in combination with other information we hold about you, identifies you as an individual, including, for example, your name, postal address, email address and telephone number.
We take appropriate technical measures in accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the different likelihood and severity of the risk to the rights and freedoms of natural persons and organizational measures to ensure a level of protection appropriate to the risk. Measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as their access, input, disclosure, availability and separation. We have also set up procedures to ensure the enjoyment of data subject rights, data deletion and data vulnerability. Furthermore, we consider the protection of personal data already in the development, or selection of hardware, software and procedures, according to the principle of data protection through technology design and privacy-friendly default settings (Article 25 GDPR). Why do we need your personal data?
We will only collect and/or process your Personal Data in accordance with applicable data protection and privacy laws and will adhere to this Policy. We need certain Personal Data in order to provide you with access to the Site, and may use your Personal Data in accordance with this Policy. If you created a profile/registered with us, you were asked to tick to agree to provide certain information in order to access our services or view our content. This consent provided us with the legal basis to process your Personal Data. As we explained at the point where your consent was provided, You maintain the right to withdraw such consent at any time. There may also be instances where you have provided your information to purchase products or enter into the Mageni Community. In such cases, Mageni has a legitimate business interest to process your Personal Data. If you do not agree to our use of your Personal Data in line with this Policy, please do not use our Site.
Collecting Your Personal Data
We collect information about you in the following ways:
Information You Give Us. This includes:
the personal data you provide to us may include name, postal address, email address, telephone number, and a username and;
the personal data that may be contained in any video, comment or other submission you upload or post to the Site;
the personal data you provide when you report a problem with our Site or when we provide you with customer support;
the personal data you provide when you make a purchase thorough [our Site/Application(s)/Services]; and
the personal data you provide when you correspond with us by phone, email or otherwise.
Information from Social Networking Sites. Our Site includes interfaces that allow you to connect with social networking sites (each a “SNS”). If you connect to a SNS through our Site, you authorize us to access, use and store the information that you agreed the SNS could provide to us based on your settings on that SNS. We will access, use and store that information in accordance with this Policy. You can revoke our access to the information you provide in this way at any time by amending the appropriate settings from within your account settings on the applicable SNS.
Information Automatically Collected. We automatically log information about you and your computer or mobile device when you access our Site. For example, when visiting our Site, identify an initial public IP address to identify where you are located, we log your computer or mobile device operating system name and version, browser type, browser language, screen resolution, the website you visited before browsing to our Site, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our Site. We collect this information about you using cookies. Please refer to the sections on cookies, Flash Technology and Pixel Tags below.
Automated Decision Making and Profiling. We may use automated decision making and/or profiling in regard to your personal data for some services and products, for example, when logging into Mageni’s Community, Mageni will need to identify if you are a customer or not, or messaging may change depending on your prior visits to our site. You can request a manual review of the accuracy of an automated decision that you are unhappy with or limit or object to such automated decision making and/or profiling by contacting us at email@example.com.
What are cookies?
We may collect information using “cookies.” Cookies are small data files stored on the hard drive of your computer or mobile device by a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer or mobile device until you delete them) to provide you with a more personal and interactive experience on our Site.
We use two broad categories of cookies: (1) first party cookies, served directly by us to your computer or mobile device, which are used only by us to recognize your computer or mobile device when it revisits our Site; and (2) third party cookies, which are served by service providers on our Site, and can be used by such service providers to recognize your computer or mobile device when it visits other websites.
Cookies we use
Our site uses the following types of cookies for the purposes set out below:
Type of cookie | Purpose
Essential Cookies | These cookies are essential to provide you with services available through our Site and to enable you to use some of its features. For example, they allow you to log in to secure areas of our Site and help the content of the pages you request load quickly. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.
Functionality Cookies | These cookies allow our Site to remember choices you make when you use our Site, such as remembering your language preferences, remembering your login details and remembering the changes you make to other parts of our Site which you can customize. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit our Site.
Analytics and Performance Cookies | These cookies are used to collect information about traffic to our Site and how users use our Site. The information gathered does not identify any individual visitor. The information is aggregated and anonymous. It includes the number of visitors to our Site, the websites that referred them to our Site, the pages they visited on our Site, what time of day they visited our Site, whether they have visited our Site before, and other similar information. We use this information to help operate our Site more efficiently, to gather broad demographic information and to monitor the level of activity on our Site.
We use Google Analytics for this purpose. Google Analytics uses its own cookies. It is only used to improve how our Site works. You can find out more information about Google Analytics cookies here: https://developers.google.com/analytics/resources/concepts/gaConceptsCookies. You can find out more about how Google protects your data here: www.google.com/analytics/learn/privacy.html. You can prevent the use of Google Analytics relating to your use of our Site by downloading and installing the browser plugin available via this link: http://tools.google.com/dlpage/gaoptout?hl=en-GB.
Targeted and advertising cookies | These cookies track your browsing habits to enable us to show advertising which is more likely to be of interest to you. These cookies use information about your browsing history to group you with other users who have similar interests. Based on that information, and with our permission, third party advertisers can place cookies to enable them to show adverts which we think will be relevant to your interests while you are on third party websites.
You can disable cookies which remember your browsing habits and target advertising at you by visiting http://www.youronlinechoices.com/uk/your-ad-choices. If you choose to remove targeted or advertising cookies, you will still see adverts but they may not be relevant to you. Even if you do choose to remove cookies by the companies listed at the above link, not all companies that serve online behavioral advertising are included in this list, and so you may still receive some cookies and tailored adverts from companies that are not listed.
Social Media Cookies | These cookies are used when you share information using a social media sharing button or “like” button on [our Site/Application(s)/Services] or you link your account or engage with our content on or through a social networking website such as Facebook, Twitter or Google+. The social network will record that you have done this.
You can typically remove or reject cookies via your browser settings. In order to do this, follow the instructions provided by your browser (usually located within the “settings,” “help” “tools” or “edit” facility). Many browsers are set to accept cookies until you change your settings.
Further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org and www.youronlinechoices.com.uk.
We may also use pixel tags (which are also known as web beacons and clear GIFs) on our Site to track the actions of users on our Site. Unlike cookies, which are stored on the hard drive of your computer or mobile device by a website, pixel tags are embedded invisibly on webpages. Pixel tags measure the success of our marketing campaigns and compile statistics about usage of the Site, so that we can manage our content more effectively. The information we collect using pixel tags is not linked to our users’ personal data.
Generally. We may use other companies to serve third-party advertisements when you visit and use the Site. These companies may collect and use click stream information, browser type, time and date, subject of advertisements clicked or scrolled over during your visits to the Site and other websites in order to provide advertisements about goods and services likely to be of interest to you. These companies typically use tracking technologies to collect this information. Other companies' use of their tracking technologies is subject to their own privacy policies.
Targeted Advertising. In order to serve offers and advertisements that may interest you, we may display targeted advertisements on the Site, or other digital properties or applications in conjunction with our content based on information provided to us by our users and information provided to us by third parties that they have independently collected. We do not provide personal data to advertisers when you interact with an advertisement.
Your Ad Choices. Some of the third party services providers and/or advertisers may be members of the Network European Interactive Digital Advertising Alliance ("EDAA") Self-Regulatory Program for Online Behavioural Advertising. To learn more, visit http://www.edaa.eu/edaa-for-users which provides information regarding targeted advertising and the "opt-out" procedures of EDAA members.
Using Your Personal Data
We may use your personal data as follows:
to operate, maintain, and improve our Site, products, and services;
to evaluate your registration or application for our products and services;
to deliver the services You request, manage your account, including to communicate with you regarding your account;
to respond to your comments and questions and to provide customer service;
to send information including technical notices, updates, security alerts, and support and administrative messages;
with your consent, to send you marketing e-mails about upcoming promotions, newsletters, new products, services, webinars, training seminars and other news, including information about products and services offered by us and our affiliates. You may opt-out of receiving such information at any time: such marketing emails tell you how to “opt-out,” or by visiting Mageni’s subscription center: https://www.mageni.net/login. Please note, even if you opt out of receiving marketing emails, we may still send you non-marketing emails. Non-marketing emails include emails about your account with us (if you have one) and our business dealings with you;
after you have purchased our software from our e-commerce provider and include your information in our database as a customer to link or combine user information with other personal data;
as we believe necessary or appropriate (a) to comply with applicable laws; (b) to comply with lawful requests and legal process, including to respond to requests from public and government authorities; (c) to enforce our Policy; and (d) to protect our rights, privacy, safety or property, and/or that of you or others; and as described in the “Sharing of your Personal Data” section below.
Sharing Your Personal Data
We may share your personal data as follows:
Third Parties Designated by You.
We may share your personal data with third parties where you have provided your consent to do so. Our Third Party Service Providers. We may share your personal data with our third party service providers who provide services such as data analysis, distribution partners, resellers, HR services, information technology and related infrastructure provision (such as Amazon Web Services), customer service, email delivery, auditing and other similar services. These third parties are only permitted to use your personal data to the extent necessary to enable them to provide their services to us. They are required to follow our express instructions and to comply with appropriate security measures to protect your personal data.
Third Party Advertisers.
We may share personal data with advertisers and advertising networks that require the data to select and serve relevant adverts to you and others.
We may share some or all of your personal data with our affiliates, in which case we will require our affiliates to comply with this Policy. In particular, you may let us share personal data with our affiliates where you wish to receive marketing communications from them.
We may share personal data as we believe necessary or appropriate: (a) to comply with applicable laws; (b) to comply with lawful requests and legal process, including to respond to requests from public and government authorities to meet national security or law enforcement requirements; (c) to enforce our Policy; and (d) to protect our rights, privacy, safety or property, and/or that of you or others.
When we use the term “anonymous data,” we are referring to data and information that does not permit you to be identified or identifiable, either alone or when combined with any other information available to a third party. We may create anonymous data from the personal data we receive about you and other individuals whose personal data we collect. Anonymous data might include analytics information and information collected by us using cookies. We make personal data into anonymous data by excluding information (such as your name) that makes the data personally identifiable to you. We use this anonymous data for our own purposes, including the ability to analyze usage patterns in order to make improvements to our Site.
Third Party Sites
Our Site may contain links to third party websites and features. This Policy does not cover the privacy practices of such third parties. These third parties have their own privacy policies and we do not accept any responsibility or liability for their websites, features or policies. Please read their privacy policies before you submit any data to them. For example, we may link to social media pages through widgets on our Site or we may provide links to industry reports.
User Generated Content
You may share personal data with us when you submit user generated content to our Site, including via our Mageni Community. Please note that any information you post or disclose on Site will become public information, and will be available to other users of our Site and to the general public. We urge you to be very careful when deciding to disclose your personal data, or any other information, on our Site. Such personal data and other information will not be private or confidential once it is published on our Site.
International Data Transfer
Your information, including personal data that we collect from you, may be transferred to, stored at and processed by us and our affiliates and other third parties outside the country in which you reside, including, but not limited to the United States, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. By using our Site, you agree to this transfer, storing or processing.] We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy.
We seek to use reasonable organizational, technical and administrative measures to protect personal data within our organization. Unfortunately, no transmission or storage system can be guaranteed to be completely secure, and transmission of information via the internet is not completely secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us using the details in Section 17 below.
We will only retain your personal data as long reasonably required for you to use the Site unless a longer retention period is required or permitted by law (for example for regulatory purposes).
Our Policy on Children
Our Site is not directed to children under 16. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us using the details in Section 17 below. We will delete such information from our files as soon as reasonably practicable.
Opt-out. You may contact us anytime to opt-out of: (i) direct marketing communications; (ii) automated decision-making and/or profiling; (iii) our collection of sensitive personal data; (iv) any new processing of your personal data that we may carry out beyond the original purpose; or (v) the transfer of your personal data outside the EEA. Please note that your use of some of the Site may be ineffective upon opt-out.
You may request what access Mageni has about you at any time by contacting us directly.
You can also contact us to update or correct any inaccuracies in your personal data.
Your personal data is portable – i.e. you to have the flexibility to move your data to other service providers as you wish.
Erase and forget. In certain situations, for example when the information we hold about you is no longer relevant or is incorrect, you can request that we erase your data.
If you wish to exercise any of these rights, please contact us using the details in Section 17 below. In your request, please make clear: (i) what personal data is concerned; and (ii) which of the above rights you would like to enforce. For your protection, we may only implement requests with respect to the personal data associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable and in any event, within one month of your request. Please note that we may need to retain certain information for recordkeeping purposes, legal purposes and/or to complete any transactions that you began prior to requesting such change or deletion.
We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this Policy or our practices in relation to your personal data, please contact us at: firstname.lastname@example.org. We will reply to your complaint as soon as we can and in any event, within 45 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority, which for the UK, is the Information Commissioner’s Office.
We welcome your comments or questions about this Policy. You may contact us in writing at email@example.com, or firstname.lastname@example.org.
EMPLOYEE PERSONAL DATA
Mageni commits to cooperate with the panel established by the EU data protection authorities (DPAs) and comply with the advice given by the panel with regard to human resources data transferred from the EU in the context of the employment relationship. Please contact us to be directed to the relevant DPA contacts.
Information Collection and Use
For a better experience while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to your name, phone number, and postal address. The information that we collect will be used to contact or identify you.
We want to inform you that whenever you visit our Service, we collect information that your browser sends to us that is called Log Data. This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser version, pages of our Service that you visit, the time and date of your visit, the time spent on those pages, and other statistics.
Cookies are files with small amount of data that is commonly used an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your computer’s hard drive.
Our website uses these “cookies” to collection information and to improve our Service. You have the option to either accept or refuse these cookies, and know when a cookie is being sent to your computer. If you choose to refuse our cookies, you may not be able to use some portions of our Service.
Your browser documentation includes instructions explaining how to enable, disable or delete cookies at the browser level (usually located within the “Help”, “Tools” or “Edit” facility)
We may employ third-party companies and individuals due to the following reasons:
To facilitate our Service;
To provide the Service on our behalf;
To perform Service-related services; or
To assist us in analyzing how our Service is used.
We want to inform our Service users that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.
We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
Links to Other Sites
We respect the sensitive nature of children’s privacy online. You must be at least eighteen (18) years old to register, purchase or apply online for our products, services, promotions and other activities. If You are under the age of eighteen (18), please do not provide us with any type of information about Yourself. Mageni is not liable for any information provided to us by a person under the age of eighteen (18).
Your California Privacy Rights
Under California law, a California resident who has provided Mageni with Personally Identifiable Information (a “California Customer”) is entitled to request certain information with respect to the types of Personally Identifiable Information that Mageni has shared with third parties for their direct marketing purposes. In accordance with California law, Mageni will, in response to Your written request, provide You with the means to choose not to have Your information shared.
California Customers may request further information about our compliance with this law by emailing: privacy@Mageni.com. Please note that we are only required to respond to one request per customer per year and are not required to respond to requests made by means other than through this e-mail address.
Strictly Necessary Cookies
Mageni Security uses only strictly necessary cookies — These cookies are essential for you to browse the website and use its features, such as accessing secure areas of the site. Cookies that allow web shops to hold your items in your cart while you are shopping online are an example of strictly necessary cookies. According to GDPR.EU it is not required to obtain consent for these cookies (https://gdpr.eu/cookies/), but what they do and why they are necessary are explained to you here.
|mageni_session||A random unique number or string
of letters and numbers.
|This cookie is written to help with
site security and load balancing.
|XSRF-TOKEN||A random unique number or string
of letters and numbers.
|This cookie is written to help with
site security in preventing Cross-Site
Request Forgery attacks.
|spark_token||A random unique number or string
of letters and numbers.
|This cookie is written to help the shop
hold your items in the cart
|__stripe*||A random unique number or string
of letters and numbers.
|This cookie is written to help the shop of
|__tawkuuid||A random unique number or string
of letters and numbers.
|This cookie is written to help with the
support chat and contact form
|_g*||A random unique number or string
of letters and numbers.
|This cookie is written to help with
anonymous Analytics of the website to
detect and mitigate sophisticated attacks