# MAGIC Grants Privacy Policy

**Last Updated: October 14, 2024**

MAGIC Grants's is a Colorado public charity.

This privacy policy (**Privacy Policy**) describes our policies and procedures about the collection, use, disclosure and sharing, or other processing of your personal information when you use our websites (e.g., magcigrants.org) or participate in or use our project sites (collectively, the **Sites**), as well as when you interact with or participate in our educations and training programs and events (collectively, the **Services**). This Privacy Policy applies to activities by MAGIC Grants and its affiliates, subsidiaries and related entities (collectively **MAGIC Grants**; **we**, or **us**), including activities that we perform for other entities through third party agreements.

For purposes of the General Data Protection Regulation (**GDPR**), MAGIC Grants is the controller of your personal information. Where processing of personal information is undertaken by our affiliates, subsidiaries and related entities, they are a joint controller with MAGIC Grants for your personal information.

Capitalized terms that are not defined in this Privacy Policy have the meaning given them in our Terms and Conditions (the **Terms**). In this Privacy Policy, **personal information** includes references to **personal data** as defined under applicable laws. Your use of our Sites and Services, and any dispute over privacy, is subject to this Policy and the relevant Terms, including the applicable limitations on damages and the resolution of disputes. The Terms are incorporated by reference into this Policy.

## Summary

MAGIC Grants aims to collect the least information required. You may provide a name and email address to create an account with our Sites and Services. We do not share these with third parties except as required by law. We retain records of donor and grant information as required by law.

You may subscribe to our email service, which you can opt out of at any time.

This Privacy Policy does not cover your interactions with third parties, such as you joining a Discord server or Matrix channel to communicate with MAGIC Grants community members. The third party's privacy policy will apply.

If you have questions about this Privacy Policy, please contact info@magicgrants.org.

## Personal Information That MAGIC Grants Collects

We collect personal information directly from individuals, from third parties, and automatically through the Sites and Services. You do not have to provide us your personal information. However, if you choose not to disclose certain information, that may limit your eligibility for certain products and services.

_Registration Information._ We collect personal information when you register for an account, or when you provide it when filling out a form.

_Account and Profile Information._ Users may sign up for, request, or order our Services and may register to receive materials on our Sites. Users may also create a login, which is a single sign-on account which is used for common access to many of our Services. Personal information collected on the Sites may include community forum content, profiles, photographs, names, unique identifiers, information about your current and past employment affiliations, contact information (address, telephone number, email address, preferred pronoun, etc.), and transaction information (to the extent you share that information). In order to access certain personalized services on the Sites, you may be asked to also create and store a username and password for an account from MAGIC Grants. In order to improve the functioning of the website and our subsequent communications to users we may also ask users to provide additional optional information regarding your interests, demographics, experience and detailed contact preferences.

_Donations._ To register for and participate in select MAGIC Grants Projects and related Services, users may need an login ID and account (see above for information collected related to account registration). MAGIC Grants may collect the following information related to financial contributions, and we may also collect additional information relating to their use of those Services. Your donation records are kept by MAGIC Grants so that we can meet our charitable requirements.

_Training and Certification Exam Registration_. If you participate in any training and/or certification program, we may collect information about you such as your name, employer, address, and other information that you provide.

_Membership_. If you create an account and become a member, we collect and retain information necessary for the maintenance of your membership.

**Basis for Use of Personal Information:**

**Purposes and Legitimate Interests**

MAGIC Grants uses the personal information we collect for our legitimate non-proft and charitable business interests, which include the following purposes:

- _Providing our Sites and Services_. To provide the Services and our Sites, to communicate with you about your use of our Sites and Services, to respond to your inquiries, provide support and maintenance of the Sites and for other purposes to support users and the community.
- _Operating our Open-Source Projects_. To enable communication between and among open source developers in the community; to facilitate and document Project governance and technical decision-making; to maintain, and make publicly available on a perpetual basis, records regarding intellectual property provenance and license compliance for Project contributions; and for related activities to further MAGIC Grants's core purposes.
- _Maintain our Training and Certification Programs_. To maintain records about who has attended or registered to attend educational or training programs.
- _Event Administration_. To plan, organize, and facilitate access to events and related services and activities, and to carry out informative and safe events for participants, including attendees, speakers and sponsors. If you provide us information about disabilities, medical conditions and allergies, we will use this information in order to provide appropriate accommodations for attendees and to ensure their health and safety; we will not use this information for other purposes, unless required by law or as necessary to defend our legal rights.
- _Personalization_. To tailor the content and information that we may send or display to you on our Sites and in our Services, to offer location customization and personalized help and instructions and to otherwise personalize your experiences.
- _Marketing and Promotions_. For marketing and promotional purposes, such as to send you news and newsletters, special offers, and promotions, or to otherwise contact you about Projects, Services, events, trainings or other information we think may interest you related to MAGIC Grants, and, subject to applicable law, our affiliates, subsidiaries and managed services entities.
- _Compliance_. To comply with legal obligations and requests. For example, to comply with laws that compel us to disclose information to public authorities, courts, law enforcement or regulators, maintain records for a certain period, or maintain records demonstrating enforcement and sublicensing of our trademarks and those of our Projects.
- _Business and Legal Operations_. As part of our general charitable and non-profit business and legal operations (e.g., accounting, record keeping, and for other business administration purposes), and as necessary to establish, exercise and defend (actual and potential) legal claims.
- _Prevent Misuse_. Where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of the relevant Terms and Conditions or this Privacy Policy.

**Sharing of Personal Information**

We disclose personal information as set forth below, and where individuals have otherwise consented:

- _Publicly Available Information, including Your Contributions to Open-Source Projects._ User names, other user ids, email addresses and other attribution information related to the information and contributions that a user posts in conjunction with or subject to an Open Source license are publicly available in the relevant Project source code repositories. Your contributions to Open-Source Projects, and certain of your other Content such as comments and messages posted to public forums, are available to other participants and users of our Projects and of our Services, and may be viewed publicly. In some cases you may be able to provide Project or contribution-related information directly to third-party sites and services; these third parties are independent data controllers and their use of your personal information is subject to their own policies.
- _Service Providers._ We may share your information with third party service providers who use this information to perform services for us, such as payment processors, hosting providers, auditors, advisors, contractors and consultants.
- _Affiliates._ The information collected about you may be accessed by or shared with subsidiaries and affiliates of MAGIC Grants, whose use and disclosure of your personal information is subject to this Privacy Policy, unless an affiliate has its own separate privacy policy.
- _Event Participants_. If you register for an event, we may ask for your consent to share your personal information with third party sponsors and other participants. We will not share your event information with third parties without your consent.
- _Training and Program Sponsors_. If you participate in one of our education, certification, or training programs that a third party has sponsored or engaged us to provide to you and others (for example, your employers), we may receive attendee list information from them and may share information about your completion of the program, including confirmation of your participation and your certification exam results, as applicable; these third parties are independent data controllers and their use of your personal information is subject to their own policies. You may also elect to provide third parties (e.g., your employers or your prospective employers) with information that will enable them to look up your certification exam status; if you do so, we may share your certification exam status with such third parties.
- _Legally Required._ We may disclose your information if we are required to do so by law (including to law enforcement in the U.S. and other jurisdictions).
- _Protection of Rights._ We may disclose information where we believe it necessary to respond to claims asserted against us or, comply with legal process (e.g., subpoenas or warrants), enforce or administer our agreements and terms, for fraud prevention, risk assessment, investigation, and protect the rights, property or safety of MAGIC Grants, its Users, participants in its events or Projects, or others.
- _Anonymized and Aggregated Information._ We may share aggregated information with third parties for research, marketing, analytics and other purposes, provided such information does not identify a particular individual.

**Cookies, Tracking, and Interest-Based Ads**

We and our third-party providers use cookies, pixel tags, JavaScript, log files, and other mechanisms to automatically collect and record information about your usage and browsing activities on our Site and across third party sites or online services. We may combine this information with other information we collect about users. Below, we provide a brief summary these activities.

- _Cookies._ These are small files with a unique identifier that are transferred to your browser through our websites. They allow us to remember users who are logged in, to understand how users navigate through and use the Sites, and to display personalized content and targeted ads (including on third party sites and applications).
- _Analytics Tools._ We may use internal and third-party analytics tools. The third-party analytics companies we work with may combine the information collected with other information they have independently collected from other websites and/or other online products and services. Their collection and use of information is subject to their own privacy policies.

**Data Security**

We have implemented commercially reasonable precautions designed to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, MAGIC Grants provides no guarantee that any security measure will be completely and totally secure.

We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity. We ask you to promptly notify us if you become aware that any information provided by or submitted to our Sites or through our Services is lost, stolen, or used without permission at info@magicgrants.org.

**Marketing Choices**

You may opt out of or withdraw your consent to receive direct marketing emails from us by using the unsubscribe or opt out mechanisms included in our marketing emails or by emailing info@magicgrants.org. You may also unsubscribe from mailing lists via the applicable mailing list's subscription website or by using the unsubscribe mechanisms included in such emails.

**Retention of Your Personal Information**

We generally keep personal information only for as long as required to fulfill the purposes for which it was collected. However, in some circumstances, we may retain personal information for other periods of time, for instance where we are required to do so in accordance with legal, tax and accounting requirements, or if required to do so by a legal process, legal authority, or other governmental entity having authority to make the request, for so long as required. In specific circumstances, we may also retain your personal information for longer periods of time corresponding to a statute of limitation, so that we have an accurate record of your dealings with us in the event of any complaints or challenges.

**International Information:**

**Scope**. This section applies to individuals in the European Union **EU** (for these purposes, reference to the EU also includes the European Economic Area countries of Iceland, Liechtenstein and Norway and, to the extent applicable, Switzerland).

**Data Controller**. MAGIC Grants is the data controller for the processing of Personal data related to donor and non-profit accounts and information on our Sites. You can find our contact information below.

MAGIC Grants is the data processor with respect to processing personal information related to donations and any interaction with Projects. If you wish to exercise one of the below rights with respect to your contribution (whether financial or to a Project) please contact us.

**Your Rights**. Pursuant to the GDPR, to the extent MAGIC Grants is a data controller of your Personal data, you have the following rights in relation to your personal data, under certain circumstances:

**Right of access** : If you ask us, we will confirm whether we are processing your personal data and, if so, provide you with a copy of that personal data along with certain other details. If you require additional copies, we may need to charge a reasonable fee.

**Right to rectification** : If your personal data is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your personal data with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal data so you can contact them directly.

**Right to erasure** : You may ask us to delete or remove your personal data, such as where you withdraw your consent. If we shared your data with others, we will tell them about the erasure where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal data with so you can contact them directly.

**Right to restrict processing** : You may ask us to restrict or **block** the processing of your personal data in certain circumstances, such as where you contest the accuracy of the data or object to us processing it (please read below for information on your right to object). We will tell you before we lift any restriction on processing. If we shared your Personal data with others, we will tell them about the restriction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal data so you can contact them directly.

**Right to data portability** : You have the right to obtain your personal data from us that you consented to give us or that was provided to us as necessary in connection with our contract with you, and that is processed by automated means. We will give you your personal data in a structured, commonly used and machine-readable format. You may reuse it elsewhere.

**Right to object** : You may ask us at any time to stop processing your personal data, and we will do so:

If we are relying on a legitimate interest to process your personal data (unless we demonstrate compelling legitimate grounds for the processing or if we are processing your personal data for direct marketing) and if we are processing your personal data for direct marketing, we may keep minimum information about you in a suppression list in order to ensure your choices are respected in the future and to comply with data protection laws (such processing is necessary for our and your legitimate interest in pursuing the purposes described above).

**Right to withdraw consent** : If we rely on your consent to process your personal data, you have the right to withdraw that consent at any time. Withdrawal of consent will not affect any processing of your data before we received notice that you wished to withdraw consent.

**Right to lodge a complaint with the data protection authority** : If you have a concern about our privacy practices, including the way we handled your personal data, you can report it to the data protection authority that is authorized to hear those concerns.

Please see the section below with our contact information on how to reach MAGIC Grants to exercise your rights.

**Legitimate Interest**. &quot;Legitimate interests&quot; means our interests in conducting our charitable business and developing a relationship with you. This Privacy Policy describes when we process your Personal data for our legitimate interests, what these interests are and your rights. We will not use your Personal data for activities where the impact on you overrides our interests, unless we have your consent, or those activities are otherwise required or permitted by law.

**International Transfers of Personal Data**. Because MAGIC Grants is a non-profit organization that is not subject to the jurisdiction of the United States Federal Trade Commission, it is not eligible for certification under the EU-U.S. and Swiss-U.S. Privacy Shield frameworks (**Frameworks**) as set forth by the U.S. Department of Commerce regarding the processing of personal data transferred from the EU, United Kingdom, and Switzerland to the U.S. (for these purposes, reference to the EU also includes the European Economic Area countries of Iceland, Liechtenstein and Norway). However, MAGIC Grants commits to process Personal data transferred from the EU to the United States in accordance with the principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability, as described below.

**Notice and Choice**. This Privacy Policy provides notice of the personal data collected and transferred to the United States and the choices that you have with respect to such personal data. It also provides information about the protections applicable to transferred data below.

**Accountability for Onward Transfers**. We may be accountable for the personal data transfer to third-party service providers. If we are and our third-party service providers process personal data in a manner inconsistent with these principles, we are responsible and liable for the harm caused, unless we prove that we are not responsible for the event giving rise to the damage.

**Security**. We maintain security measures to protect personal data as described in the **Data Security** section of this Privacy Policy.

**Data Integrity and Purpose Limitation**. We take reasonable steps to ensure that personal data is reliable for its intended use, and that it is accurate, complete and current for as long as we retain it. We will retain the data as long as necessary for the following purposes: delivering the Services, engaging in customer service, complying with legal obligations, auditing, performing security and fraud prevention, responding to legal and regulatory inquiries, and preserving or defending our legal rights or those of other users or third parties.

**Access**. EU users have certain rights to access, correct, amend, or delete personal data where it is inaccurate, or has been processed in violation of these principles. Please see the **Your Rights** section above for more information on the rights of users in the EU (and, to the extent applicable, users in Switzerland).

**Recourse, Enforcement, Liability**. MAGIC Grants commits to resolve complaints about our processing of your personal data. European Union, United Kingdom, and Swiss users with inquiries or complaints regarding our processing of Personal data should first contact MAGIC Grants as follows:

Email: info@magicgrants.org

Attention: Information Security

We will respond to such inquiries or complaints within thirty (30) days.

**Children's Privacy**

MAGIC Grants does not knowingly collect or solicit personal information from anyone under the age of sixteen (16), or knowingly allow such persons to register. If we become aware that we have collected personal information from a child under the relevant age without parental consent, we take steps to delete that information. Where we specifically indicate that we collect personal information from children under sixteen (16), we will obtain the parent or guardian's consent and provide adequate notice.

**Links to Third Party Sites and Services**

The Sites may contain links to third party sites or online services. Please refer to the privacy policies of the relevant third-party websites or services to find out more about how they process and handle personal information.

**California Privacy Rights**

Only to the extent that MAGIC Grants meets the minimum thresholds as required under California law to be subject to the California Privacy Rights Act of 2020, residents of California will be able to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the types of personal information disclosed to those parties. If you are a California resident and would like to request this information, please submit your request in an email to [info@magicgrants.org](mailto:info@magicgrants.org). We reserve the right to ask for verification of your California residence and deny this request if MAGIC Grants believes it is not subject to this requirement.

**Contact Us**

If you have any questions about our practices or this Privacy Policy, please contact us at [info@magicgrants.org](mailto:info@magicgrants.org).

**Changes to the Privacy Policy**

This Policy is current as of the effective date set forth above. If we change our privacy policies and procedures, we will post those changes on this page and/or continue to provide access to a copy of the prior version. If we make any changes to this Privacy Policy that materially change how we treat your personal information, we will endeavor to provide you with reasonable notice of such changes, such as via prominent notice on our Sites or to your email address of record, and where required by law, we will obtain your consent or give you the opportunity to opt out of such changes.
