PRIVACY POLICY

Our Commitment to Privacy

Brief Introduction

Welcome to the MagicHub Open Source Community (this “OSC”). This OSC (defined to include any access via a web browser and any related application) is provided, owned, and managed by Beijing Magic Data Technology Co., Ltd. (“Magic Data”). Magic Data is committed to protecting your privacy.

This OSC is provided by Magic Data for the purpose of providing developers with high-quality, safe, and reliable data set products. This privacy policy (“Policy”) covers information collected by Magic Data through this OSC or directly provided by you. This Policy describes how Magic Data, through this OSC, collects or receives any Personal Information (see below for definitions) from you or on your behalf, how to use, share, store, disclose and protect the aforementioned Personal Information.

Personal Information refers to various kinds of information recorded in electronic or other forms that can identify a specific natural person alone or in combination with other information or can reflect the activities of a specific natural person.

Your Role and Responsibilities

· Before using open source community services, please read carefully and understand thoroughly this Policy. Please pay attention to the terms marked in bold/bold underline. You may start using the services after confirming that you fully understand and agree to this Policy. Should you have any question, comment or advise on this Policy, please contact us through various contact methods provided by this OSC.

· You should be aware of, and have a right to know, what Personal Information is collected on this OSC, how it is stored, protected, and used.

Your Rights and Choices

· You have the right to know the Personal Information collection and storage practices of this OSC.

· You have the right to know how your Personal Information will be used and by whom.

· You have the right to know to whom we may disclose your Personal Information.

· You have the right to inquire at any time as to whether we are processing Personal Information about you, request access to, remove, or delete or port (transfer) your Personal Information, and ask that we correct or amend your Personal Information where it is inaccurate.

This Policy helps you understand the following:

A. How do we collect your information

B. How do we use your information

C. Other rules for the collection and use of Personal Information

D. How do we share your Personal Information

E. How we may transfer your Personal Information

F. How we may disclose your Personal Information

G. Exception to prior consent for sharing, transferring or public disclosure of Personal Information

H. How may we protect your Personal Information

I. How we may store your Personal Information

J. Access, correction, deletion, and removal of Personal Information

K. International Transfers

L. How may we deal with Person Information of minors

M. Accountability/Compliance and how to contact us

N. Links to Other Websites

O. Notification of Changes

A.  How do we collect your information

When you use our services, we need/may need to collect from you the following two categories of Personal Information

1. In order to provide you with the basic functions of our services, you must authorize us to collect and use the necessary information. If you refuse to provide the corresponding information, you will not be able to use our products and/or services normally;

2. In order to provide you with additional functions of our services, you may choose to authorize us to collect and use information. If you refuse to provide the corresponding information, you will not be able to use the relevant additional functions or achieve the functional effects we intend to achieve. However, this will not affect your normal use of the basic functions of our services.

The Personal Information we may collect from you can including basic personal information such as your first name, last name, title and/or email address, contact phone number(s), or other contact information that you provide to us through your use of this OSC including in any of the ways explained below. We may also collect certain non-personally identifiable information upon your use of this OSC, including specification of your internet browser and operating system and website browsing click data.

The specific features we will provide you with include:

a) Personal Information when you register for our OSC

Registration is required for the use of this OSC. To enable us to generate your login to the OSC, we will collect your mobile phone number, login name, and password to be used. If you refuse to provide the aforementioned information, you will not be able to register an account for this OSC, and only browse and search services are available for you.

b) Provide you with products that serve you better

If you would like this OSC to provide you with information on products that serve you better, we will collect and use your browsing and search records, device information, service log information when you visit or use this OSC via website or client-side, extract your preference and offer products that may interest you, including:

1.Weblogs  

We use standard web logs that record basic data about people who visit our websites.

The following information is contained in these logs:

· The date and time of the visit

· The pages of the websites viewed during the visit

· The IP (Internet Protocol) address of the computer used to visit the site (Computers automatically generate an IP address as they surf the internet. An IP address is a number assigned to you by your internet service provider so you can access the internet. IP addresses are also used to track new versus return visitors to the website or in connection with any questionnaire used on the website)

·  The type of web browser used to view our website

     ·   The website visited immediately before coming to this website

We do not normally seek to identify individuals from web logs, including from their IP address, and we do not disclose them to others. However, web logs may be used to identify an individual who we have reason to suspect tried to damage our website or use it in an unauthorized way. If we have reason to believe that there has been a violation of computer security or related laws, we may share our web logs with law enforcement agencies.

1.  Cookies and other technologies

To improve your user experience, the webpage of this OSC may use cookies and related technologies. Cookies are text files set in your Internet browser and used to store your personal preferences. Cookies will not disclose your email address or other personally identifiable information. We may also collect information on the webpages you have visited, links or advertisements you have clicked on, and other operations you have performed when you use this OSC. Where you do not refuse to accept cookies, cookies will be sent to your browser and stored on the hard drive of your computer. Once you choose to enter your personally identifiable information in this OSC, such information may be linked to the data stored in cookies. We use cookies to store data about your visit to our OSC. When you visit or revisit our OSC, we may identify you and provide you with better services by analyzing the data. 

You may choose to accept or refuse cookies. You may refuse cookies by modifying your browser settings. But may we remind you that you may not be able to use features of our OSC relying on cookies.

2.  Device Information

We may also collect certain information that your mobile device sends when you use our services or access our OSC, like a device identifier, user settings and the operating system of your device. Information collected about your mobile device and internet connection may include the device’s unique device identifier, IMEI number, IP address, operating system, browser type, browser language, referring/exit pages and URLs, mobile network information, and the device’s telephone number. Tools, applications, and widgets that we enable you to download to enable you to use the services on any mobile devices, may store information on your mobile or other devices. These tools may transmit Personal Information to us to enable you to access your user account and to enable us to track use of these tools. Some of these tools may enable you to email reports and other information from the tool. We may use personal or non-identifiable information transmitted to us to enhance these tools, to develop new tools, for quality improvement, and as otherwise described in this Policy or in other notices we provide. We may send you email messages with a “click-through URL” linked to the content of our OSC. When you click onto one of these URLs, you will pass through our server before arriving at the destination webpage. We may track this click-through data to help us determine your interest in the subject matter and measure the effectiveness of our user communications. You can avoid being tracked simply by not clicking on any links or images in the email we send you.

B.  How do we use your information

We acquire, hold, use, and process your Personal Information in order to provide, maintain and administer your login account, to match you, based on your Personally Information and based on, your explicit consent and for the legitimate business purposes outlined in this Policy, service/products. In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order that they may identify users in connection with their investigation of unauthorized activities.

a)Use for our administrative purpose

We also may use your information for our administrative purposes, such as to measure interest in and/or develop our OSC services, ensure internal quality control, comply with regulatory requirements, including prevent potentially prohibited or illegal activities, and enforce our Terms of Use.

Magic Data may use Personally Information for other purposes for which we have a legitimate interest, such as contacting you for any future products, individual or market research, anti-fraud protection, or any other purpose disclosed to you at the time you provide Personally Information or with your consent.

b)Aggregate data use and de-identified or anonymized information

We combine and use non-personal information (aggregated data) from our web logs and other technologies to study how the OSC is being used. We will periodically analyze this aggregated data and use what we learn to make improvements to our OSC. In addition, we may share this aggregated data (which does not contain any information which can identify an individual) with our partners to assist them in better designing their open source community.

Magic Data may use Personally Information and other information about you to create anonymized and/or aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access our services, this website, or other analyses we create related to our products and services. Anonymized and/or aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the products. Anonymized and aggregated information is not Personally Information, and we may use such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. We may share this information within Magic Data and with third parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you. We may use and disclose this anonymized, de-identified and/or aggregated information in any way permitted by applicable law.

C.  Other rules for the collection and use of Personal Information

2.  If the information you provide contains the Personal Information of other users, please ensure that you have obtained proper authorization before providing such Personal Information to our OSC.

3.  If we use your Personal Information for other purposes not specified in this Policy or use your Personal Information collected for a specific purpose to achieve other purposes, your consent will be obtained in advance.

4.  If we collect your Personal Information indirectly from a third party, before collecting it, we will request in writing, such third party to identify the source of Personal Information and clarify whether your consent for the collection, processing and provision of your Personal Information to us has been obtained. Unless permitted by applicable laws, we will only collect your Personal Information after confirming that the third party has obtained your consent. Where the consent obtained by the third party fails to cover our purpose of use and processing, we will obtain or cause the third party to your consent before processing your Personal Information. Meanwhile, our professional security team will strengthen the security of Personal Information (including sensitive information reporting, sensitive information encrypted storage, access control, etc.). We will use protection measures no less than those measures we apply to protect our own user’s Personal Information to protect Personal Information obtained indirectly. 

5.  Exceptions 

We may collect and use your Personal Information without your consent under the following circumstance:

· Related to our fulfillment of obligations under laws and regulations

· Directly related to national security and national defense security

· Directly related to public safety, public health, and major public interests

· Directly related to judicial or administrative law enforcement such as criminal investigation, prosecution, trial, and enforcement of judgments

· To protect your or other individuals’ substantial legal rights and interests such as life and property where it is difficult to obtain your consent

· Your Personal Information is disclosed to the public on your own

· Personal Information collected from the public domain such as news reports, government information disclosure and other channels

· Necessary for signing and fulfilling relevant agreements or other written documents with you

· Necessary for maintaining the safe and stable operation of the products and/or services provided, such as detecting and disposing of product and/or service failures

· Other circumstances stipulated by applicable laws and regulations

6.  If we cease operating open source community services, we will cease collecting your Personal Information promptly, notify you of the cease of operation through one by one delivery or announcement, and delete or anonymize the Personal Information we possess related to the operation ceased. Where the Personal Information of children is involved, we will promptly notify the guardian of the children of the cease of operation.

D.  How do we share your Personal Information

We will not share your Personal Information with companies, organizations, and individuals other than Magic Data, except in the following cases:

A.  Vendors and services providers

We may authorize partners, say vendors and service providers, to provide you with certain services or fulfill obligations on our behalf. In such case, we will share your Personal Information only for the legitimate, justified, necessary, specified, and explicit purpose stated in this Policy to support your participation or potential participation in Magic Data activities and to permit us to provide services related to those activities. The types of service providers to whom we entrust personal information include, but are not limited to, service providers for: (i) provision of IT and related services; (ii) provision of information and services you have requested; (iii) payment processing; and (iv) customer service activities; and (v) in connection with the provision of the OSC. Magic Data has executed appropriate contracts with the service providers that prohibit them from using or sharing Personal Information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements.

B.  Sharing information with third party as required by applicable laws

It is possible that we may need to disclose Personally Information about you in response to a law enforcement or national security request or legal processes such as a search warrant, subpoena, or court order or in connection with an investigation or prosecution of suspected or actual illegal activity. Disclosures may also be made to comply with the law, protect our legal rights, or yours, or those of others’ including also property, or safety, to protect the security or integrity of our OSC, to take precautions against liability, or during emergencies if physical safety is believed to be at risk, or if we, in good faith, believe that disclosure is otherwise necessary or advisable. These types of disclosures are unlikely, but they are possible and so we describe them here. 

E.  How we may transfer your Personal Information

We will not transfer your Personal Information to any company, organization, and individual, except in the following cases:

· Transfer with explicit consent: After obtaining your explicit consent, we will transfer your Personal Information to third parties

· Where merger, acquisition or bankruptcy liquidation, or other situations involving mergers, acquisitions, or bankruptcy liquidation occurs for the OSC provider, Magic Data, and the Personal Information is therefore transferred, we will request the company or organization possessing your Personal Information to be sequentially bound by this Policy. Otherwise, we will request such company or organization to obtain your consent again.

F.  How we may disclose your Personal Information

We will only disclose your Personal Information to the public in the following cases:

·   With your explicit consent or based on your active choice, we may disclose your Personal Information to public

·   If we determine that you have violated applicable laws and regulations or seriously violated the relevant agreements and rules of the open source community, or to protect the personal and property safety of open source community users or the public from infringement, we may disclose your Personal Information (including the relevant violations and measure taken by the OSC against you) in accordance with applicable laws or regulations or upon your consent. 

G.  Exceptions to prior consent for sharing, transferring, or public disclosure of Personal Information

Under the applicable laws and regulations, we may share, transfer or publicly disclose your Personal Information without obtaining your prior consent in the following circumstance:

· Related to our fulfillment of obligations under laws and regulations

· Directly related to national security and national defense security

· Directly related to public safety, public health, and major public interests

· Directly related to judicial or administrative law enforcement such as criminal investigation, prosecution, trial, and enforcement of judgments

· To protect your or other individuals’ substantial legal rights and interests such as life and property where it is difficult to obtain your consent

· Your Personal Information is disclosed to the public on your own

· Personal Information collected from the public domain such as news reports, government information disclosure and other channels

You may wish to note, under applicable laws, in the case that we take technical measures and other necessary measures to process Personal Information so that the data recipient cannot restore or re-identify specific individuals, there is no need for us to obtain your consent separately before sharing, transferring, and publicly disclosing such data.

H.  How may we protect your Personal Information 

Protection for you as our user is essential to our business. Maintaining a secure network and server system is in the best interests of our users and our partners. We process and store Personally Information using industry standard physical, technical, and administrative safeguards to secure such personal information against foreseeable risks such as unauthorized use, access, disclosure, destruction, and modification. Such security safeguards include the use of encryption, password protection and user authenticated access rights. While we will use reasonable efforts to create a secure, safe, and reliable OSC, the confidentiality of any communication or material transmitted to or from this OSC over the internet cannot be guaranteed.

We have established a data security management system focusing on data and its lifecycle centric and improved the security of personal information in multiple dimensions from organizational construction, system design, personnel management, and product technology. We will organize security and privacy protection training sessions to strengthen employees’ awareness of the importance of Personal Information protection. We will update and disclose assessment reports on security risks, personal information security impact and other relevant content from time to time, which you may obtain through announcements of the OSC.

Where our physical, technical, or management protection facilities are damaged, resulting in unauthorized access, public disclosure, tampering or destruction of information and damage to your legitimate rights and interests, we will promptly activate emergency plans and take reasonable remedies to minimize the impact on your Personal Information and other interests. In the case of Personal Information incident, we will, pursuant to applicable laws and regulations, inform you: the general information and possible impact of the incident, the measures we have taken or will take, suggestions for you to prevent and reduce risks on your own, and remedial measures for you, etc. We will inform you of the incident-related information by email, letter, telephone, push notification, etc. Where it is difficult to inform the subject of Personal Information individually, we will publish an announcement in a reasonable and effective way. Meanwhile, we will also report the handling of Personal Information security incidents as required by the regulatory authorities.

The security of your Personally Information is also, in part, your responsibility. When you register through this OSC, you should select passwords that are hard to guess and you must keep your passwords private and confidential. You should not share your password with anyone and should not store it in an unprotected format, such as taped to your computer or saved in your email. We do not accept liability for unintentional disclosure.

I.  How we may store your Personal Information

The information you provide to us may be archived or stored periodically by us according to backup processes and will only be retained for as long as is required for the purposes for which it was collected, to provide our products and services to you, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

J.  Access, correction, deletion, and removal of Personal Information

you may access, update, correct or remove the Personally Information you provided to us by sending an email to open@magicdatatech.com.

You can ask us to provide you with information about and copies of your Personally Identifiable Information that we keep by sending an email to open@magicdatatech.com.

If you have any requests concerning your personal information or have any questions or comments about privacy, please send an email to open@magicdatatech.com. Please include your contact information, the name of this OSC or service at issue, and a detailed description of your request or privacy concern.

Please Note:

Although we make good faith efforts to provide users with access to their Personally Information, there may be circumstances in which we are unable to provide access or delete certain information, including but not limited to where the information: contains legally privileged information, must be maintained according to law, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in the case in question, or where it is commercially proprietary. If we determine that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, we will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.

Non-identifiable information in our databases will not be deleted. Like all responsible OSC, we maintain backup files as a protection against natural disasters, equipment failures, or other disruptions. Backup files protect you and us because they lessen the risk of loss of valuable data. Removing a record from our principal files does not remove that record from any of the backup systems. It may take up to 6 months before all information in a backup record is completely erased through the normal recycling of backup files. In the meantime, as long as backup records exist, they receive the same privacy and security protections as our other records. 

All requests received from you under this Policy will be processed in line with applicable local laws. 

a)Your Choices

· You can always choose not to provide information. However, if you choose not to provide information, you will not be able to use any of the services that require you to login.

· Where you have consented to our processing of your Personally Information, you may withdraw that consent at any time and opt out of further processing by following the instructions in this Policy. This will not have an impact on the information that has been collected, used or disclosed previously. Even if you opt out, we may still collect and use non-personal information regarding your activities on our website.

· You can change the scope of your consent to collect and process your Personal Information. However, please note that for some categories of Personal Information, such as information necessary to realize the basic functions of the open source community or information necessary for us to fulfill our obligations under laws and regulations, we may not be able to respond to your request to change the scope of consent.

· You may deregister your account.

· Important Note: If you desire to correct, amend or delete Personally Information that was provided to us by third parties (and not directly by you), you may contact us to access, correct, or remove your information from our files. However, we also recommend that you contact the third-party website operators or other entities to whom you have provided such information under such third parties’ privacy policies, as we do not control and are not responsible for those practices or privacy policies.

b)  Do Not Track

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

c)  Responding to your requests

To protect the security of your account, when you make the above request to us, we may first request you to verify your identity (such as asking you to provide a request in writing or other means) before processing your request.

We will respond to the above request you made within a reasonable time. If you are not satisfied with our response, you can also directly file a complaint with our personal information protection department.

For your reasonable request, we will not charge fees in principle. However, for repeated requests of which the frequency exceeds reasonable limits, we will charge a certain fee as appropriate. We may refuse requests for information that is not directly related to your identity, request for unreasonable repeated information, or request requiring excessive technical means (for example, need to develop a new system or change existing practices fundamentally), or request bringing risks to the legitimate rights and interests of others, or unrealistic request.

K.  International Transfers

Any Personal Information we receive through direct user input may be stored on our servers located in China. By choosing to visit this OSC, utilize the services, or otherwise provide information to us, you agree and consent to this storage in the China-located servers.

Subject to one of the following conditions, we will export your Personal Information to overseas entities after obtaining your separate consent and fulfilling the obligations stipulated by law:

· Where we passed the security assessment organized by the State cyberspace administration as required by applicable laws;

· Where we are certified by a specialized in accordance with the provisions of the State cyberspace administration  in respect of the protection of personal information;

· Where we concluded a contract with an overseas recipient specifying the rights and obligations of both parties and has supervised the recipient’s processing of personal information to ensure that the recipient’s processing meets the standards for the protection of personal information as prescribed by applicable laws;

· Where other conditions prescribed by laws, administrative regulations or the State cyberspace administration are satisfied.

You should be aware that not all countries offer the same standards of data protection and personal information privacy as those that may apply where you reside. However, your Personal Information will always be treated and used by us in accordance with this Policy.

L.  How may we deal with Personal Information of minors 

Protecting the privacy of minors is especially important. This OSC is not intended for or designed to attract minors. Users under the age of 18 or the age of legal majority in their country should not submit information to our OSC, and we do not collect, receive or knowingly keep information from any user we know or have reason to believe is a child under the age of 18 or age of legal majority, unless the information is provided by a parent or guardian. If a child has provided us with Personally Information, the parent or guardian of that child should contact us if they want this information deleted from our files. 

M.  Accountability/Compliance and how to contact us

We are committed to protecting the privacy of our OSC users. We have posted this Policy to communicate the specifics of this commitment. 

If you have any questions regarding this Policy or would like more information on our privacy practices, please contact us at: open@magicdatatech.com. We will address your concerns and attempt to resolve any privacy issues in a timely manner.

In addition, we will address any complaints or questions that our users may have regarding this Policy or its implementation. If you have a complaint or question about our Policy, please email to open@magicdatatech.com. We will respond to your comments or concerns as soon as following possible receipt of your inquiry. 

N.  Links to Other Websites

Our OSC may contain links to other third-party websites. You should carefully review the privacy policies or notices and practices of other websites, as we cannot control or be responsible for their privacy policies, notices, or practices. For links to other company web properties, please review those privacy terms as well as they may differ from those on this OSC.

O.  Notification of Changes

As we provide more information and services on our OSC and as privacy laws and regulations change, we may need to revise or update our Policy from time to time. We will always change the “Last Updated” date on the Policy to reflect when it was last revised. If we make a meaningful change to the Policy, we will notify you here, by email, or by means of a notice on the OSC home page. However, we will always continue to protect your Personally Information according to the law and as described by our current Policy.

Additionally, before we use Personally Information for any new purpose not originally consented to by you, we will endeavor to provide information regarding the new purpose and give you the opportunity to opt out. Where your consent for the processing of Personally Information is otherwise required by law or contract, we will endeavor to comply with the law or contract.

This Privacy Policy was last updated on June 23, 2021.