Legal

This Website, located at www.lumaforge.com (“the Site”), and all associated websites linked to the Site are owned and maintained by Other World Computing, Inc. and other affiliates of Other World Computing, Inc. (collectively, “OWC”). By accessing or using this Site, you unconditionally agree to be bound by all of the terms, conditions, and notices contained in this Site Use Agreement. Additional terms and conditions applicable to specific areas of the Site or to particular content or transactions may also be posted in particular areas of the Site and, together with these general terms and conditions, govern your use of those areas. These general terms and conditions in this Agreement, together with such additional terms and conditions where applicable, are referred to as “this Agreement.”

By using the Site, you express your understanding and agreement that you are bound by these general terms and conditions. By using areas of the Site on which other terms and conditions are posted, you express your understanding and agreement that you are bound by those terms and conditions as well. If you are unwilling to be bound by these general terms and conditions, do not use the Site. If you are unwilling to be bound by terms and conditions applicable to particular areas of the Site, do not use those areas. By using the Site, you also express your understanding and agreement that you are responsible for complying with all applicable laws and regulations, including export and re-export control laws and any applicable local laws. Accessing or using any portion or feature of the Site from any territory where such portion or feature of the Site is illegal is prohibited.

OWC reserves the right to revise this Agreement at any time by revising the terms and conditions herein. You are responsible for regularly reviewing these terms and conditions. By continuing to use the Site after such revisions are made, you express your understanding and agreement to such revised terms. OWC Intellectual Property, the Site and all of its content (including but not limited to all text, images, and software) are the property of OWC or its licensors and are protected by United States and international copyright, trademark and other laws. OWC reserves all intellectual property rights not expressly granted under this Agreement.

CONTENT

All text, graphics, interfaces, pictures, trademarks, logos, sounds, music, art, Videos, and code ("Content"), including but not limited to the design, selection, "look and feel", compilation, and arrangement of such Content, is protected by copyright, trademark, and various other intellectual property laws. VOYAGER trademark used under a license from the owner of U.S. Registration No. 3,089,301. All rights reserved. Except as expressly provided in the Terms, no part of the Site or Content may be copied, reproduced, republished, uploaded, posted, encoded, translated, transmitted or distributed in any way to any other computer, server, web site or other medium for publication or distribution or for any commercial purpose, without OWC 's prior written consent.

All Site Instructional Videos ("Videos"), are owned or licensed by or to OWC, and are protected by copyright, trademark, and various other intellectual property laws. Except as expressly provided below, no part of the Videos may be copied, reproduced, republished, uploaded, posted, encoded, translated, transmitted or distributed in any way to any other computer, server, web site or other medium for publication or distribution or for any commercial purpose, without OWC 's prior written consent.

OWC permits the downloading and distribution of its Videos, provided that you agree to comply with the following conditions in addition to the Terms:

Videos may only be used in their complete, unmodified format. No clipping, altering, or creating derivative works of Videos in any manner is allowed;
Videos may not be used for any commercial use, including but not limited to, selling Videos, incorporating Videos into other products intended for resale (for-profit); and using the Videos to directly or indirectly sell, market, or advertise your (or any other third party's) products or services;
Videos may not be used in any manner that would, in the sole discretion of OWC, harm the reputation of OWC, or in a manner that is inappropriate in light of community decency standards;
OWC requests for consideration of Video use a prominent link back to www.macsales.com and, where applicable, any referenced OWC product links shall be directed to the appropriate www.macsales.com product description page;
You agree to indemnify and hold harmless OWC, and its owners, affiliates, agents, and employees, from and against any claims, costs, or damages (including attorney's fees) arising from your use and/or distribution of the Videos. Although every effort is made to provide the most accurate and useful information in Videos, no warranty, expressed or implied, is made regarding accuracy, completeness, reliability, or usefulness of any information. Models used for demonstration on Videos may vary from that used by you. You use the Videos at your own risk, and you agree OWC shall not be held liable for any use of the information contained in Videos;
Your use of Videos is expressly subject to the complete Site Terms and Conditions available at: http://eshop.macsales.com/serv... In no event shall OWC be liable for any direct, indirect, incidental, special, exemplary, or consequential damages howsoever caused and under any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the Videos, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion of data, defect, delay, computer virus, destruction, or negligence;
You agree to immediately cease using Videos upon receipt of notice from OWC that you are in violation of its conditions of Video use.

All other rights reserved. Full HD versions of most videos are available. Please contact media@owcdigital.com for more information or guidance in using OWC Videos on your site.

ACCOUNTS & PASSWORDS

Certain services offered on or through the Site may require you to open an account (including setting up a MacSales.com username and password). You are responsible for maintaining the confidentiality of your account information, including your password, and for any activity that occurs under your account. You may not use anyone else's MacSales.com username, password, or account at any time without express consent. OWC is not liable for any loss or damage arising from your failure to comply with these obligations.

PURCHASE TERMS & CONDITIONS

Additional terms and conditions apply to purchases of goods or services at the Site. Terms of Sale are located at: https://www.lumaforge.com/terms-conditions. Such terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions as applicable. If there is a conflict between these Terms and the terms of sale for any goods or services offered through the Site, the latter terms shall control with respect to your purchase or use of the goods or services.

LINKS, BLOGS & OTHER THIRD-PARTY CONTENT

This Site may contain links to other independent third-party web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience. Such Linked Sites are not under OWC's control, and OWC is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on Linked Sites.

At times, Site visitors may post reviews, suggestions, questions, comments, photos, and other content to the Site, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious or objectionable to third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to content origin when posting to the Site. OWC reserves the right (but not the obligation) to remove or edit such content, but cannot review all posted content.

If you do post content or submit material, you grant OWC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant OWC the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify OWC for all claims resulting from content you supply. OWC takes no responsibility and assumes no liability whatsoever for any content posted by you or any third-party.

REVIEWS

MacSales.com Reviews offer our customers the opportunity to share your experiences with our products and services. In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a product review. Instead, contact us directly.

When writing your review, please consider the following guidelines:

Focus on the product and your individual experience using it
Provide details about why you liked or disliked a product
There is a 1,000-word maximum on reviews. The recommended length is 75 to 300 words.

All reviews submitted are screened before they are posted to the website. OWC reserves the right to deny public posting rights to any review, specifically if it contains any of the following types of content or violates other guidelines, including but not limited to:

Obscenities, discriminatory language, or other language not suitable for a public forum;
Advertisements, "spam" content, or references to other products, offers, or websites;

Email addresses, URLs, phone numbers, physical addresses or other forms of contact information;
Critical or spiteful comments on other reviews posted on the page or their authors.

Please note that all submitted reviews are subject to the additional terms set forth below. BY SUBMITTING YOUR REVIEW YOUR AGREE TO THE FOLLOWING TERMS & CONDITIONS:

These Terms of Use govern your conduct associated with the Customer Ratings and Review service offered by OWC (the "CRR Service"). To the extent of any conflict between OWC's Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the CRR Service.

By submitting any content to MacSales.com, you represent and warrant that:

You are the sole author and owner of the intellectual property rights thereto;
All "moral rights" that you may have in such content have been voluntarily waived by you;
All content that you post is accurate;
You are at least 13 years old;
Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

That is known by you to be false, inaccurate or misleading;
That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control,
Consumer protection, unfair competition, anti-discrimination or false advertising);

That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
For which you were compensated or granted any consideration by any third party;
That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
That contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold New Concepts Development Corporation, its subsidiaries, Other World Computing, Inc., MacSales.com (collectively "OWC"), along with its officers, directors, agents, joint ventures, employees and third-party service providers, including but not limited to Reseller Ratings and TrustPilot, harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant OWC a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at OWC 's sole discretion. OWC reserves the right to change, condense or delete any content on MacSales.com 's website that OWC deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. OWC does not guarantee that you will have any recourse through MacSales.com to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, OWC reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not OWC, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of OWC, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

By submitting your email address in connection with your rating and review, you agree that OWC and its third-party service providers may use your email address to contact you about the status of your review and other administrative purposes.

VOID WHERE PROHIBITED

Any offer for any feature, product or service on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so at your own risk, and you are solely responsible for complying with applicable local laws. OWC reserves the right to limit, in its sole discretion, the provision and quantity of any Site feature, product or service to any person or geographic location.

DISCLAIMERS

The material and information on the Site may contain technical, typographical, or other errors or inaccuracies (including errors, inaccuracies or omissions relating to product or service descriptions, pricing, or availability) and may not be complete or current. OWC DOES NOT WARRANT THAT ANY MATERIAL OR INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR CURRENT. OWC may change any material or information on the Site at any time without prior notice, but OWC does not make any commitment to update material or information on the Site. OWC MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE, LAWFUL, OR APPROPRIATE FOR ACCESS OR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES AND ITS TERRITORIES AND POSSESSIONS. OWC has not reviewed all of the sites to which links appear on the Site and is not responsible for their contents. The inclusion of any such link on the Site does not imply endorsement by OWC of any linked site, the use of which is at the user’s own risk.

WARRANTY DISCLAIMER

WITHOUT LIMITING THE FOREGOING, THE SITE AND ALL OF ITS CONTENT ARE MADE AVAILABLE BY OWC “AS IS,” WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR ACCURACY, SECURITY OF INFORMATION, OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. USERS OF THE SITE ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY, AND PERFORMANCE OF THE SITE AND ITS CONTENT AND ACKNOWLEDGE THAT THE SITE AND ITS CONTENT MAY BE REVISED, ALTERED AND CHANGED FROM TIME TO TIME. OWC DOES NOT REPRESENT OR WARRANT THAT ANY SITE CONTENT WILL OPERATE CONTINUOUSLY OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY OWC WEB SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

INDEMNIFICATION & LIMITATION OF LIABILITY

You agree to defend, indemnify and hold OWC, its subsidiaries, affiliates, successors and assigns, and their respective, shareholders, directors, officers, employees and agents harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to Your use of the Site. OWC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR SPECIAL DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, WHETHER OR NOT OWC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OWC SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU MAY SUFFER ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE SERVICES OR PRODUCTS PROVIDED HEREUNDER. OWC SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS BY THIRD PARTIES TO YOUR TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF YOUR NETWORK, SYSTEMS, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, OR TORT, AND SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.

APPLICABLE LAW & DISPUTE RESOLUTION

OWC maintains and operates the Site from its facilities in Illinois in the United States of America. Use of the Site and its contents, all transactions arising from use of the Site, and this Agreement, shall in all respects be governed by and interpreted, construed, and enforced in accordance with the laws of the United States of America and the state of Illinois, without giving effect to any principles of conflict of laws. Any dispute between OWC and any user of the Site will be venueed in a state or federal court situated within the state of Illinois, and the user hereby irrevocably submits to the personal jurisdiction of such courts for that purpose. The parties hereby agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.

MISCELLANEOUS

Every provision of this Agreement shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Agreement, and all other provisions shall remain in full force and effect. Any section headings or titles in this Agreement are inserted for convenience only and shall have no other meaning. This Agreement sets forth the entire agreement and understanding between OWC and the user of the Site regarding the subject matter hereof and supersedes any prior representations, advertisements, statements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter.

PRIVACY POLICY

Your privacy is important to Other World Computing, Inc., its subsidiaries and affiliates (collectively “OWC”). OWC provides this Privacy Policy to inform you of our privacy policies and practices, including the types of information we may collect, why we collect it, how we use that information, and how you can exercise your choices as to how your information is used. This Privacy Policy is accessible from the bottom of each page of each OWC site to which it applies, and at every point where personal information is requested.

GLOBAL PRIVACY POLICY

OWC, with its subsidiaries, is a global company, with business operations and customers in many countries around the globe. OWC’s intent is to comply with the privacy laws and regulations in all of the jurisdictions in which we conduct business, and our privacy practices are designed to provide protection for your personal information around the world. We may share your information within OWC and its subsidiaries, including transferring that information to countries in which we do business. Any OWC subsidiaries receiving your information will be governed by this Privacy Policy and are also bound by appropriate confidentiality and data transfer agreements. Your information may be stored and processed in the United States or any other country where OWC or its subsidiaries are located. Your personal information is never shared outside OWC or its subsidiaries without your permission, except under conditions explained herein.

PERSONAL INFORMATION

Personal information is information that identifies an individual personally, including but not limited to name, address, phone number, e-mail address, personal characteristics, and financial information. In some instances, you will be required to provide personal information in order to complete a transaction or take advantage of the online resources made available by OWC. OWC will only collect the personal information reasonably necessary to accomplish the purpose for which it is collected and will retain it only as long as is reasonably necessary, in compliance with the privacy laws and regulations in all of the jurisdictions in which we conduct business. Personal information collected online by OWC may be combined with information you provide through other sources such as product registration, customer service call centers, or other methods.

COOKIES & TRACKING

Like most websites, OWC’s website may collect and log information automatically through the use of electronic tools that may be transparent to you. Information collected may include items such as your IP address, the type and version of your browser, the length of time that you visit our site, search queries, your click-stream data, the location that referred you to our website and the average number of pages viewed. In addition, in order to improve our sites and your experiences with them, we may use “cookies” or other electronic means to track your visits. Cookies are simply small text files that our website can place on your computer’s hard drive in order, for example, to collect information about your activities on the site or to make it possible for you to use an online “shopping cart” to keep track of items you wish to purchase. Generally speaking, our site’s server is the only computer that can read it. Cookies cannot read data from your hard disk or read cookie files created by other websites and they cannot infect your computer with viruses. If you want to know when this happens, or to prevent it from happening, you can set your browser to warn you when a website attempts to place a “cookie” on your computer. Please click on the “Help” menu of your browser for information on setting your cookie preferences.

CHILDREN’S PRIVACY

OWC is committed to protecting the online privacy of children. OWC does not knowingly collect or solicit personal information from or about children under the age of 13, and OWC does not target its websites to children under 13.

Additionally, OWC does not knowingly collect or solicit personal information from or about children above the age of 13, without their parent’s or guardian’s consent. If OWC ever includes children above 13 as part of our intended website audience, those specific website pages will be clearly identified and provide an express privacy notice for children above 13, as well as processes to obtain parental approval and allow parental access to request removal of their children’s personal information.

HOW WE USE YOUR INFORMATION

OWC collects personal information to enable us to provide products, services and information (the “Services”), to our customers, potential customers, and business partners. We limit our use of that information to those purposes required to facilitate those Services. For example, OWC may collect financial information to facilitate the purchase of products or services online and postal or e-mail addresses to provide information in response to your request or to allow you to participate in promotions. We do not sell, trade or lease your information to others. OWC will not share your information with third parties except as needed to fulfill those Services, manage our business or as required by law. For example, providing your delivery address to a shipping company so they can deliver a product or providing your information to a financial service provider if you are looking to finance a purchase.

PROTECTING YOUR INFORMATION

Transmissions over the Internet are never 100% secure or error-free. However, we take reasonable steps to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. OWC uses procedural, manual and electronic security controls to maintain the confidentiality and integrity of personal information in our possession, and guard against its unauthorized access or use. We are responsible for providing an adequate level of protection for that information, and for limiting or granting access as required by applicable law. OWC employees may have access to your personal information as part of their job. Such employees are expected to keep that information in confidence and share it only with those OWC employees who have a business reason to know. Unauthorized disclosures or uses are strictly prohibited, and employees who violate our policies may be subject to disciplinary action.

COMMUNICATIONS FROM US

If you provide us with your e-mail address, we may occasionally send you, in accordance with relevant regulations, e-mail with information or special offers about OWC products and services that may be of interest to you. We will give you an opportunity to let us know if you want to receive such e-mail when you provide us your personal data or register for an online OWC promotion. This applies to promotional e-mail only, as OWC may find it necessary to e-mail you relating to your customer account or order. All promotional e-mail that you receive from OWC will tell you how to decline receiving future promotional email.

ACCESS TO AND ACCURACY OF YOUR INFORMATION

OWC strives to keep your personal information accurate. Where practical, we will provide you online access to your information and the ability to correct it. Otherwise, you can request access to your personal information by contacting OWC, as described below. To protect your privacy and security, we will also take reasonable precautions to verify your identity before granting access to your information. Certain areas of OWC’s websites may limit access to users with a user ID and password.

MERGER OR ACQUISITION

OWC or its related entities could merge with or be acquired by another business entity, or its assets could be acquired. If that should happen, OWC will make every reasonable effort to notify you in the event we share your information with the merging or acquiring entity to allow us to continue serving you.

LINKS TO NON-OWC WEBSITES

OWC websites may provide links to third-party websites for your convenience and information. If you access those links, you will leave the OWC website. OWC does not control those sites or their privacy practices, nor do we make any representations about third-party sites. Any information you provide to or through those sites is covered by the privacy policies of that site, not by this privacy policy. Please review the privacy policies of such sites before sharing your personal information.

DISCLOSURES REQUIRED BY LAW

Please be aware that in certain circumstances, OWC may be required by law to disclose your personal information. We will make every reasonable effort to limit the disclosure to only that information which is necessary to comply with such law.

EMPLOYMENT APPLICATION INFORMATION

If you provide us your personal information in relation to an application for employment with OWC, we may use this information throughout OWC and its related entities for the purpose of consideration of your potential employment with OWC. Unless you instruct us otherwise, we will retain the information for future consideration.

CONTACTING US

If you wish to contact us about our privacy policies or to correct or delete information we may have about you, please send an e-mail to legal@macsales.com, or send a letter to:

Other World Computing, Inc.

Attn: Legal Department

8 Galaxy Way

Woodstock, IL 60098 USA

Please include your name, postal address, and e-mail address.

YOUR CALIFORNIA PRIVACY RIGHTS

OWC does not share personal information as defined by California Civil Code Section 1798.83 (“Shine the Light law”) with third parties for their direct marketing purposes absent your consent. If you are a California resident, you may request information about our compliance with the Shine the Light law by contacting us by email to legal@macsales.com or by sending a letter to Other World Computing, Inc., 8 Galaxy Way, Woodstock, IL 60098 (Attention: Legal Department). Any such request must include "California Privacy Rights Request" in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address or mail address.

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit California Privacy Rights Addendum.

YOUR EUROPEAN UNION GDPR PRIVACY RIGHTS

If you are a European Union citizen residing in Europe you may be entitled to additional rights as set forth in the General Regulation of the European Parliament and the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR).  As such you may be considered a “Data Subject” and we may be deemed a ‘Data Controller’ or ‘Processor’ as such terms are defined in the GDPR.  Please visit GDPR Privacy Rights Addendum for an understanding of your additional GDPR rights related to your use of Our Services and our performance of services to you which may result in the processing of your personal information.

CHANGES TO THIS PRIVACY POLICY

We reserve the right to change this Privacy Policy from time to time and in our sole discretion. We reserve the right to change, modify, add or remove portions of this Privacy Policy at any time. If and when we do, we will post those changes to our website and update the revision date of this document. When you visit our website, you are accepting the current version of this Privacy Policy as posted on the website at that time.

Revision Date: April 2021

CCPA ADDENDUM

Last Reviewed on: April 1, 2021

This Privacy Notice for California Residents supplements the information contained in OWC’s Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Notice.

Where noted in this Notice, the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication (“B2B personal information”) from some of its requirements.

Information We Collect

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). Personal information does not include:

Publicly available information from government records.
De-identified or aggregated consumer information.
Information excluded from the CCPA’s scope, like:
- health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
- personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.]

In particular, we have collected the following categories of personal information from its consumers within the last twelve (12) months:

Category	Examples	Collected
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.	YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.	YES
C.  Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	NO
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	NO
E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	NO
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	YES
G. Geolocation data.	Physical location or movements.	NO
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	NO
I. Professional or employment-related information.	Current or past job history or performance evaluations.	NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	NO
K. Inferences drawn from other personal information.	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	NO

We obtain the categories of personal information listed above from the following categories of sources:

Directly from you. For example, from forms you complete or products and services you use such as our training courses or that may be purchased by your company.
Indirectly from you. For example, from observing your actions on our Website.
From social media marketing.

Use of Personal Information

We may use, or disclose the personal information we collect for one or more of the following purposes:

To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
To provide, support, personalize, and develop our products, and services.
To create, maintain, customize, and secure your account with us.

To process your requests, purchases, transactions, and payments and prevent transactional fraud.
To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our website, third-party sites, and via email or text message (with your consent, where required by law).
To help maintain the safety, security, and integrity of our products and services, databases and other technology assets, and business.
For testing, research, analysis, and product development, including to develop and improve our website, products, and services.

To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As described to you when collecting your personal information or as otherwise set forth in the CCPA.
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our website users/consumers is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

We share your personal information with the following categories of third parties:

Service providers.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Company has disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.

Category B: California Customer Records personal information categories.

Category D: Commercial information.

Category F: Internet or other similar network activity.

We disclose your personal information for a business purpose to the following categories of third parties:

Service providers.

Sales of Personal Information

In the preceding twelve (12) months, Company had not sold personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting that personal information.
The categories of third parties with whom we share that personal information.
The specific pieces of personal information we collected about you (also called a data portability request).

If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

sales, identifying the personal information categories that each category of recipient purchased; and
disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

We do not provide these access and data portability rights for B2B personal information.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.

Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

Debug products to identify and repair errors that impair existing intended functionality.

Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).

Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.

Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

Comply with a legal obligation.

Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We do not provide these deletion rights for B2B personal information.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

Calling us at +1-800-275-4576
Filling out our online Form for requests for Access or Deletion located here:  https://eshop.macsales.com/Service/support/general-support-form

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, you will need to submit a signed declaration indicating that you are designating an individual as your agent. We may also ask the agent to verify their own identity prior to processing their request.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include:
- Full Name
- E-mail Address
- Home Address
- Telephone Number

Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

We may require that you submit a personal signed declaration if you are requesting access to or deletion of sensitive personal information.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to legal@macsales.com.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which Other World Computing, Inc. (“OWC”) collects and uses your information described here and in the company Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: +1-800-275-4576

Email:  legal@macsales.com

Postal Address: 8 Galaxy Way, Woodstock, IL 60098

See Privacy Policy

GDPR ADDENDUM

Will we share your data outside of the European Union?

Where necessary we will transfer personal information to countries outside of the European Union to OWC’s United States based servers.  When we transfer your information outside of the European Union we will comply with our legal and regulatory obligations in relation to the personal information including but without limitation having a lawful basis for transferring personal information and putting appropriate safeguards in place to ensure an adequate level of protection for the personal information.  If transferred, your information will be stored in the United States on our secure servers.  We will share your data with third-party companies only in the United States and in your local European Union countries or regions and solely to perform the services that you have requested.

How long will we keep your information?

We will keep your information for as long as necessary to perform the requested services or fulfill the need for your data as required above in the section entitled What is the purpose that we collect your data?  After performance of the services we will keep the data pursuant to our data retention policy only for archival purposes.

How do we obtain your consent?

Where our use of your personal information requires your consent, you can provide such consent:

Through your employer’s acknowledgment of consent to collect its employees’ information such as names, titles, emails and phone numbers in order for our performance of Our Services for and on behalf of your company;
At the time we collect your personal information following the instructions provided; or
By informing us by e-mail, post or phone using the contact details set out in the Privacy Policy.

Do we use cookies?

Please see our cookie policy in the Privacy Policy.  For more information on third-party advertising-related cookies and how to exercise your choice to opt-out of them, please visit www.aboutads.info/choices and/or www.networkadvertising.org/choices/.  Further general information about cookies and how they work is available at www.allaboutcookies.org.

Do we protect your personal information?

Yes.  We are committed to keeping the personal information provided to us secure and we will take reasonable precautions to protect personal information from loss, misuse or alteration.  We have implemented information security policies and guidelines, rules and technical measures to protect the personal information that we have under our control from:

Unauthorised access;
Improper use or disclosure;

Unauthorised modification; and
Unlawful destruction or accidental loss.

All of our members, employees, workers and data processors (those that may process your personal information on our behalf, for the purposes listed above), who have access to, and are associated with the processing of personal information, are obliged to respect the confidentiality of the personal information of all visitors and users of Our Services.

How to Access Your Information and Your Other Rights?

You may have the following rights in relation to the personal information we hold about you depending on the applicable data privacy laws in your home country:

Your right of access.

If you ask us, we’ll confirm whether we’re processing your personal information and, if necessary, provide you with a copy of that personal information (along with certain other details). If you require additional copies, we may need to charge a reasonable fee.

Your right to rectification.

If the personal information we hold about you is inaccurate or incomplete, you’re entitled to have it rectified. If you are entitled to rectification and if we’ve shared your personal information with others, we’ll let them know about the rectification where possible. If you ask us, where possible and lawful to do so, we’ll also tell you who we’ve shared your personal information with so that you can contact them directly.

Your right to erasure.

You can ask us to delete or remove your personal information in some circumstances such as where we no longer need it or if you withdraw your consent (where applicable). If you are entitled to erasure and if we’ve shared your personal information with others, we’ll let them know about the erasure where possible. If you ask us, where it is possible and lawful for us to do so, we’ll also tell you who we’ve shared your personal information with so that you can contact them directly.

Your right to restrict processing.

You can ask us to ‘block’ or suppress the processing of your personal information in certain circumstances such as where you contest the accuracy of that personal information or you object to us. If you are entitled to restriction and if we’ve shared your personal information with others, we’ll let them know about the restriction where it is possible for us to do so. If you ask us, where it is possible and lawful for us to do so, we’ll also tell you who we’ve shared your personal information with so that you can contact them directly.

Your right to data portability.

With effect from 25 May 2018, you have the right, in certain circumstances, to obtain personal information you’ve provided us with (in a structured, commonly used and machine readable format) and to reuse it elsewhere or to ask us to transfer this to a third party of your choice.

Your right to object.

You can ask us to stop processing your personal information, and we will do so, if we are:

relying on our own or someone else’s legitimate interests to process your personal information, except if we can demonstrate compelling legal grounds for the processing; or
processing your personal information for direct marketing.

Your rights in relation to automated decision-making and profiling.

You have the right not to be subject to a decision when it’s based on automatic processing, including profiling, if it produces a legal effect or similarly significantly affects you, unless such profiling is necessary for entering into, or the performance of, a contract between you and us.

Your right to withdraw consent.

If we rely on your consent (or explicit consent) as our legal basis for processing your personal information, you have the right to withdraw that consent at any time.

Your right to lodge a complaint with the supervisory authority.

If you have a concern about any aspect of our privacy practices, including the way we’ve handled your personal information, you can report it to your local Information Commissioner’s Office (ICO). You can find details about how to do this for example on the ICO website for the UK at https://ico.org.uk/concerns/ or by calling their helpline on 0303 123 1113 or your other applicable local countries’ similar offices

Trademark Notifications

DAVINCI, RESOLVE, DAVINCI RESOLVE and the DAVINCI RESOLVE Logo is a trade mark or registered trade mark of Blackmagic Design Pty Ltd in the United States and elsewhere in the world.

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