Privacy Statement

This Privacy Statement describes the personal data we collect and/or process (which may include collecting, organizing, structuring, storing, using, or disclosing) to provide products and services offered directly by Magnetic Media Holdings, Inc. doing business as (“Magnetic 3D”), including but not limited to Magnetic 3D’s websites, software platform, Magnetic 3D’s forthcoming App Marketplace (“Magnetic 3D products and services” or “products and

What Personal Data Do We Receive?

Personal data is any information from or about an identified or identifiable person, including information that Magnetic 3D can associate with an individual person. We may collect, or process on behalf of our customers, the following categories of personal data when you use or interact with Magnetic 3D products and services:

• Account Information: Information associated with an account that licenses Magnetic 3D products and services, which may include administrator name, contact information, account ID, billing and transaction information, and account plan information.
• Profile and Participant Information: Information associated with the Magnetic 3D profile of a user who uses Magnetic 3D products and services under a licensed account which may include name, display name, picture, email address, phone number, job information, stated locale, user ID, or other information provided by the user and/or their account owner.
• Contact Information: Contact information added by accounts and/or their users to create contact lists on Magnetic 3D products and services, which may include contact information a user integrates from a third-party app, or provided by users to process referral invitations.
• Settings: Information associated with the preferences and settings on a Magnetic 3D account or user profile, which may include audio and video settings, and other settings and configuration information.
• Registration Information: Information provided when registering a Magnetic 3D Product or Software, which may include name and contact information, responses to registration questions, and other registration information requested by Magnetic 3D.
• Device Information: Information about the computers, phones, and other devices used when interacting with Magnetic 3D products and services or websites, which may include information about the 3D monitor device ID, Board ID, Pixel Registration and Calibration Information for supporting proper 3D Display rendering, speakers, microphone, camera, OS version, hard disk ID, computer or device name, MAC address, IP address (which may be used to infer general location at a city or country level), device attributes (like operating system version), WiFi information, and other device information (like Bluetooth signals).
• Content: Content generated on or for Magnetic 3D products and services, which may include audio, video, or images.
• Usage Information: Information about how people and their devices interact with Magnetic 3D products and services and other inputs that help Magnetic 3D to understand feature usage, improve product design, and suggest features, use of third-party apps; and other usage information and metrics. This also includes information about when and how people visit and interact with Magnetic 3D’s websites, including what pages are accessed, interaction with website features, and whether or not the person signed up for a Magnetic 3D product or service.
• Communications with Magnetic 3D: Information about your communications with Magnetic 3D, including relating to support questions, your account, and other inquiries.
• Information from Partners: Magnetic 3D obtains information about account owners and their users from third-party companies, such as market data enrichment services, including information about an account owner’s company size or industry, contact information, or activity of certain enterprise domains. Magnetic 3D may also obtain information from third-party advertising partners who deliver ads displayed on Magnetic 3D products and services, such as whether you clicked on an ad they showed you.

In certain jurisdictions, some of the personal data Magnetic 3D receives may be considered sensitive. Please see “California & Other Other U.S. State Privacy Rights” for more information.

How Do We Use Personal Data?

Magnetic 3D uses personal data to conduct the following activities:

• Provide Magnetic 3D Products and Services: To provide and develop products and services to account owners. Magnetic 3D also uses personal data to determine what products and services may be available in your location, and uses personal data, including contact information. This may also include using personal data for customer support, which may include accessing audio, video, files, emails, or messages, and other content or context, at the direction of the account owner or their users. We also use personal data to manage our relationship and contracts with account owners and others, including billing, compliance with contractual obligations, facilitating payment to third-party developers in relation to purchases made through the Magnetic 3D’s App Marketplace, and related administration.
• Product Research and Development: To develop, test, and improve Magnetic 3D products and services, and to troubleshoot products and services.
• Marketing, Promotions, and Third-Party Advertising: To permit Magnetic 3D and/or its third party marketing partners to market, advertise, and promote Magnetic 3D products and services, including based on your product usage, information we receive from third-party partners, information you provide to process referral invitations, or if you visit our websites, information about how and when you visit, and your interactions with them. We may also use this information to provide advertisements to you relating to Magnetic 3D products and services or to engage third party partners to analyze your interactions on our website or app or to deliver advertising to you.
• Authentication, Integrity, Security, and Safety: To authenticate accounts and activity, detect, investigate, and prevent malicious conduct, fraudulent activity or unsafe experiences, address security threats, protect public safety, and secure Magnetic 3D products and services.
• Communicate with You: We use personal data (including contact information) to communicate with you about Magnetic 3D products and services, including product updates, your account, and changes to our policies and terms. We also use your information to respond to you when you contact us or for Shipping and Handling to your account or that of your users.
• Legal Reasons: To comply with applicable law or respond to valid legal process, including from law enforcement or government agencies, to investigate or participate in civil discovery, litigation, or other adversarial legal proceedings, protect you, us, and others from fraudulent, malicious, deceptive, abusive, or unlawful activities, and to enforce or investigate potential violations of our Terms of Service or policies.

Magnetic 3D may use advanced tools for the purpose of developing, providing, and improving products and services, and detecting and preventing violations of our terms or policies and illegal or other harmful activity. Magnetic 3D employees may access such content where required for legal, safety, or security reasons or where authorized by an account owner.

How Do We Share Personal Data?

Magnetic 3D provides personal data to third parties only with consent or in one of the following circumstances (subject to your prior consent where required under applicable law):

• Resellers: If an account owner licensed or purchased Magnetic 3D products and services from a third-party reseller of Magnetic 3D products and services, the reseller may be able to access personal data and content.
• Vendors: Magnetic 3D works with third-party service providers to provide, support, and improve Magnetic 3D products and services and technical infrastructure, and for business services such as outbound marketing, legal, payment processing, installation, support and other purposes including in relation to purchases made through the Magnetic 3D website or App Marketplace. Magnetic 3D may also work with third-party service providers to provide advertisements and business analytics regarding Magnetic 3D products and services. These vendors can access personal data subject to contractual and technical requirements for protecting personal data and prohibiting them from using personal data for any purpose other than to provide services to Magnetic 3D or as required by law. Magnetic 3D may integrate third-party technology to provide advanced features, to process information on your device about face, eyes, or hand dimensions and gestures for controlling 3D content or analytics.
• For Legal Reasons: Magnetic 3D may share personal data as needed to: (1) comply with applicable law or respond to, investigate, or participate in valid legal process and proceedings, including from law enforcement or government agencies; (2) enforce or investigate potential violations of its Terms of Service or policies; (3) detect, prevent, or investigate potential fraud, abuse, or safety and security concerns, including threats to the public; (4) meet our corporate and social responsibility commitments; (5) protect our and our customers’ rights and property; and (6) resolve disputes and enforce agreements.
• Marketing, Advertising, and Analytics Partners: Magnetic 3D uses third-party marketing, advertising, and analytics providers: to provide statistics and analysis about how people are using Magnetic 3D products and services, including our website; and to provide advertising and marketing for Magnetic 3D products and services, including targeted advertising based on your use of our website. These third-party partners may receive information about your activities on Magnetic 3D’s website through third-party cookies placed on Magnetic 3D’s website. To opt out of our use of third-party cookies that share data with these partners, do so at www.magnetic3d.com. Where required by law, Magnetic 3D will first obtain your consent before engaging in the marketing or advertising activities described.
• Corporate Affiliates: Magnetic 3D may share personal information with corporate affiliates to provide integrated and consistent experiences across Magnetic 3D products and services.
• Change of Control: We may share personal data with actual or prospective acquirers, their representatives and other relevant participants in, or during negotiations of, any sale, merger, acquisition, restructuring, or change in control involving all or a portion of Magnetic 3D’s business or assets, including in connection with bankruptcy or similar proceedings.
• Third-Party Developers: If you purchase a third-party app or integration from the Magnetic 3D website or App Marketplace, Magnetic 3D may share information about the purchase with the third-party developer, to provide the app or integration.

Who Can See My Personal Data?

• Account Owner: An account owner is the organization or individual that signs up for a Magnetic 3D account. Typically, an account owner designates one or more people (called an “administrator”) to manage their account and can grant privileges to users on the account. Depending on their license with Magnetic 3D, the account owner can authorize additional users on their account, and the account owner can create and/or access the profile information for all users on their account.

Marketing Communications

If you don’t want to learn about products and services we or our partners offer, you can opt-out of marketing communications in the communication sent to you (for example, via email or SMS), or by emailing info@magnetic3d.com

Not all of our communications are for marketing, and you’ll continue to receive messages related to your products and services, such as bills, transactional notices, or customer service.

Data Rights

If you are in the European Economic Area (EEA), Switzerland, or the UK, or a resident of California or another U.S. state with an applicable privacy law, please refer to the respective dedicated sections below. Otherwise, at your request, and as required by applicable law, we will:

• Inform you of what personal data we have about you that is under our control;
• Amend or correct such personal data or any previous privacy preferences you selected, or direct you to applicable tools; and/or
• Delete such personal data or direct you to applicable tools.

In order to exercise any of your rights as to personal data controlled by Magnetic 3D, contact us by email info@magnetic3d.com

Where legally permitted, we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, or jeopardize the privacy of others. As an account owner or a user under a licensed account, you may also take steps to affect your personal data by visiting your account and modifying your personal data directly.

Children

Magnetic 3D does not allow children under the age of 16 to sign up for a Magnetic 3D account.

How to Contact Us

To exercise your rights or if you have privacy-related questions, contact us by email (Info@magnetic3d.com).

You can also contact us by writing to the following address:

Magnetic Media Holdings, Inc.
Attention: Data Protection Request
450 Lexington Avenue, 4th Floor
New York, New York 10017

Retention

We retain personal data for as long as required to engage in the uses described in this Privacy Statement, unless a longer retention period is required by applicable law.

The criteria used to determine our retention periods include the following:

• The length of time we have an ongoing relationship with you and provide Magnetic 3D products and services to you (for example, for as long as you have an account with us or keep using our products);
• Whether account owners modify or their users delete information through their accounts;
• Whether we have a legal obligation to keep the data (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
• Whether retention is advisable in light of our legal position (such as in regard to the enforcement of our agreements, the resolution of disputes, and applicable statutes of limitations, litigation, or regulatory investigation).

Data Subjects Rights

If you are in the EEA, Switzerland, or the UK, your rights in relation to your personal data processed by us as a controller specifically include:

• Right of access and/or portability: You have the right to access any personal data that we hold about you and, in some circumstances, have that data provided to you so that you can provide or “port” that data to another provider;
• Right of erasure: In certain circumstances, you have the right to the erasure of personal data that we hold about you (for example, if it is no longer necessary for the purposes for which it was originally collected);
• Right to object to processing: In certain circumstances, you have the right to request that we stop processing your personal data and/or stop sending you marketing communications;
• Right to rectification: You have the right to require us to correct any inaccurate or incomplete personal data;
• Right to restrict processing: You have the right to request that we restrict processing of your personal data in certain circumstances (for example, where you believe that the personal data we hold about you is not accurate or lawfully held).

To exercise your rights or if you have privacy-related questions, contact us by email (Info@magnetic3d.com).

You can also contact us by writing to the following address:

Magnetic Media Holdings, Inc.
Attention: Data Protection Request
450 Lexington Avenue, 4th Floor
New York, New York 10017

Please note that we may request you to provide us with additional information in order to confirm your identity and ensure that you are entitled to access the relevant personal data.

You also have the right to lodge a complaint to a data protection authority. For more information, please contact your local data protection authority.

Legal Basis for Processing Personal Data

We only use your information in a lawful, transparent, and fair manner. Depending on the specific personal data concerned and the factual context, when Magnetic 3D processes personal data as a controller for individuals in regions such as the EEA, Switzerland, and the UK, we rely on the following legal bases as applicable in your jurisdiction:

• As necessary for our contract: When we enter into a contract directly with you, we process your personal data on the basis of our contract in order to prepare and enter into the contract, as well as to perform and manage our contract (i.e., providing Magnetic 3D products and services, features and services to account owners, their users, and those they invite to join meetings and webinars hosted on their accounts, and manage our relationship and contract, including billing, compliance with contractual obligations, and related administration). If we do not process your personal data for these purposes, we may not be able to provide you with all products and services;
• Consistent with specific revocable consents: We rely on your prior consent in order to utilize cookies to engage advertising and analytics partners to deliver tailored advertising and analysis of our website usage. You have the right to withdraw your consent at any time by visiting our cookie management tool, available Cookies Settings;
• As necessary to comply with our legal obligations: We process your personal data to comply with the legal obligations to which we are subject for the purposes of compliance with EEA laws, regulations, codes of practice, guidelines, or rules applicable to us, and for responses to requests from, and other communications with, competent EEA public, governmental, judicial, or other regulatory authorities. This includes detecting, investigating, preventing, and stopping fraudulent, harmful, unauthorized, or illegal activity (“fraud and abuse detection”) and compliance with privacy laws;
• To protect your vital interests or those of others: We process certain personal data in order to protect vital interests for the purpose of detecting and preventing illicit activities that impact vital interests and public safety, including child sexual abuse material; and
• As necessary for our (or others’) legitimate interests, unless those interests are overridden by your interests or fundamental rights and freedoms, which require protection of personal data: We process your personal data based on such legitimate interests to (i) enter and perform the contract with the account owner and/or reseller providing you with the products and services (which includes billing, compliance with contractual obligations, and related administration and support); (ii) develop, test, and improve our products and services and troubleshoot products and services; (iii) ensure authentication, integrity, security, and safety of accounts, activity, and products and services, including detect and prevent malicious conduct and violations of our terms and policies, prevent or investigate bad or unsafe experiences, and address security threats; (iv) send marketing communications, advertising, and promotions related to the products and services; and (v) comply with non-EEA laws, regulations, codes of practice, guidelines, or rules applicable to us and respond to requests from, and other communications with, competent non-EEA public, governmental, judicial, or other regulatory authorities, as well as meet our corporate and social responsibility commitments, protect our rights and property and the ones of our customers, resolve disputes, and enforce agreements.

International Data Transfers

Magnetic 3D operates globally, which means personal data may be transferred, stored (for example, in a data center), and processed outside of the country or region where it was initially collected where Magnetic 3D or its service providers have customers or facilities.

Therefore, by using Magnetic 3D products and services or providing personal data for any of the purposes stated above, you acknowledge that your personal data may be transferred to or stored in the United States where we are established, as well as in other countries which may have data protection rules that are different and less protective than those of your country.

We protect your personal data in accordance with this Privacy Statement wherever it is processed and take appropriate contractual or other steps to protect it under applicable laws.

California Notice at Collection

Categories of Personal Information Magnetic 3D Receives: Magnetic 3D may collect, or process on behalf of our customers, the following categories of personal data, as described above, in the “what data to we collect?” section: identifiers (such as in Account Information, Profile, Contact Information, financial account information, commercial account information,); internet or other electronic network activity information (such as Device Information, Usage Information, Website information, and; audio, electronic, and visual information (such as in Content and analytics); education information such as from university customers; inferences we derive from the preceding or other information we collect; and sensitive personal information (such as certain categories in Account Information, and Content).

Sources: We receive information from sources as described in the above in the “What information do we receive section?” including: from you (including through your use of our products and services); from partners; from customers; and from publicly available sources. We may collect education information from schools that use our services.

Magnetic 3D’s business and commercial purposes for use: Magnetic 3D uses personal data for the following business and commercial purposes: to provide Magnetic 3D Products and Services; for Product Research and Development; for Marketing and Promotions; Authentication, Integrity, Security, and Safety; to Communicate with You; and for Legal Reasons. For more information, please “How We Share Personal Data” Categories of third parties to whom we disclose Personal Information for business purposes are described in “How We Share Personal Data”

Magnetic 3D may permit advertising and analytics services that are intended to deliver advertising to you and/or analyze your interactions, based on your interactions with our website, apps or devices, which may constitute a “sale” or “sharing” of data under California law. See “California & Other U.S. State Privacy Rights” for more information regarding your right to opt-out.

Retention: Magnetic 3D retains personal data for as long as required to engage in the uses described in this Privacy Statement, unless a longer retention period is required by applicable law. Additional detail on retention criteria can be found under Retention, above.

California & Other U.S. State Privacy Rights

Under some U.S. state laws, including the California Consumer Privacy Act of 2018 (as amended by the California Consumer Privacy Rights Act) (CCPA), residents may have a right to:

• Access the categories and specific pieces of personal data Magnetic 3D has collected, the categories of sources from which the personal data is collected, the business purpose(s) for collecting the personal data, and the categories of third parties with whom Magnetic 3D has shared personal data;
• Delete personal data under certain circumstances;
• Correct personal data under certain circumstances; and
• Opt out of the “sale” of personal data or “sharing” of personal data for targeted advertising purposes. We do not sell your personal data in the conventional sense. However, like many companies, we may use advertising and analytics services that are intended to analyze your interactions with our website or app, based on information obtained from cookies or other trackers, including for delivering advertising to you (such as interest-based, targeted, or cross-context behavioral advertising). You can get more information and opt out of the use of cookies and other trackers on our website and app by clicking the Do Not Sell My Personal Information link, also on our homepage, and setting your preferences. You will need to set your preferences from each device and each web browser from which you wish to opt out. This feature uses a cookie to remember your preference, so if you clear all cookies from your browser, you will need to re-select your preferred settings. California residents may also set the Global Privacy Control (GPC) to opt out of the “sale” or “sharing” of your personal information for each participating browser system that you use. Magnetic 3D does not have actual knowledge that it “sells” or “shares” the personal information of consumers under 16 years of age.
• Appeal a denial of your request. Some states provide additional rights to their residents. If we decline to process your request, you may have the right to appeal our decision. You can do so by replying directly to our denial or emailing info@magnetic3d.com.

Magnetic 3D will not discriminate against you for exercising any of these rights, which is further in line with your rights under state law.

Sensitive Information. Magnetic 3D receives information that may be considered sensitive under some state laws, such as certain Account Information (e.g., financial information, log-in information) and certain Content Information. Magnetic 3D processes sensitive personal information to provide Magnetic 3D products and services, for product research and development, for authentication, integrity, security, and safety reasons, to communicate with you, for legal reasons, and with your consent. Magnetic 3D does not use or disclose sensitive personal information (as defined under CCPA) for purposes of inferring characteristics about a consumer, or in any way that would require Magnetic 3D to provide a right to limit under the CCPA. Under certain laws, residents may also be permitted to opt out of certain profiling relating to automated processing analyzing certain categories of an individual’s information that would produce a legal or similarly significant effect. Magnetic 3D does not engage in this type of profiling of individuals.

To exercise your rights, contact us at info@magnetic3d.com To opt out of the use of cookies on our sites for interest-based advertising purposes, follow the instructions above.

We will acknowledge receipt of your request within 10 business days, and provide a substantive response within 45 calendar days, or inform you of the reason and extension period (up to a total of 90 days) in writing.

These rights are not absolute, are subject to exceptions and limitations, and may not be afforded to residents of all states. In certain cases, we may decline requests to exercise these rights where permitted by law. We will need to verify your identity to process your access, deletion, and correction requests and reserve the right to confirm your state residency. To verify your identity, we may require you to log into your existing Magnetic 3D account (if applicable), give a declaration as to your identity under penalty of perjury, and/or provide additional information, such as providing at least two pieces of personal information relating to your account (which will be compared to information we have, such as profile information) or as we otherwise may already have in our possession, such as your email address and phone number. We will verify your consumer request by comparing the information you provide to information already in our possession, and take additional steps to minimize the risk of fraud. You may designate an authorized agent to submit your verified consumer request by providing written permission and verifying your identity, or through proof of power of attorney.

California’s Shine the Light Law

California Civil Code Section 1798.83, also known as “Shine The Light” law, permits California residents to annually request information regarding the disclosure of your Personal Information (if any) to third parties for the third parties’ direct marketing purposes in the preceding calendar year. We do not share Personal Information with third parties for the third parties’ direct marketing purposes.

Changes to This Privacy Statement

We may update this Privacy Statement periodically to account for changes in our collection and/or processing of personal data, and will post the updated Privacy Statement on our website, with a “Last Updated” date at the top. If we make material changes to this Privacy Statement, we will notify you and provide you an opportunity to review before you choose to continue using our products and services.