--Terms and Conditions--
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE MAGELLAN SITES
Your access to and use of the web sites and pages provided by MiTAC Digital Corp. (Magellan) is subject to the following terms and conditions that may be updated by us from time to time without notice to you. In consideration of your use of the Magellan sites, or any individual or entity on whose behalf a you access or use the Magellan sites, you accept, without limitation or qualification, the following terms and conditions and agree to be bound by the Magellan Privacy Policy. In addition, when purchasing any particular Magellan products and/or using any particular Magellan services, you will be subject to and agree to be contractually bound by any posted guidelines or rules applicable to such products and/or services that may be posted from time to time. Please read these terms carefully and often as they are subject to change.
1. Description of Site and Restrictions on Use. Magellan currently provides users with access to online resources, including information regarding Magellan products, support services and a system for purchasing Magellan products. You understand and agree that the Magellan sites are provided "as is." Except as expressly provided, Magellan does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. Magellan maintains the Magellan sites for your personal information and education. Please feel free to browse the Magellan sites. You may print or download material owned by Magellan displayed on the Magellan sites for noncommercial, informational, personal use only, provided you retain all copyright and other proprietary notices contained on the materials. Materials include text, graphical images, pictures, diagrams and video materials. You may not publicly display, sell, rent, decompile, reverse engineer, disassemble, distribute, broadcast, transmit, modify, reuse, repost, use, or create derivative works based on the content of the Magellan sites in whole or in part for any purpose, without written permission from Magellan or the owner of such content in each instance. To access some portions of the sites you may be required to complete a Registration form.
2. Links. Some links on the Magellan sites may permit you to leave the Magellan site and access information provided on other sites not under the control of Magellan. Magellan has not reviewed any or all of the sites linked to the Magellan sites and is not responsible for the content of any linked site or any other sites linked to the Magellan sites. Your linking to the Magellan sites, or other sites is at your own risk. Magellan shall not be liable for any loss or damage of any sort incurred as the resort of any such dealings or the result of the presence of such advertisers on the Magellan sites. Magellan provides links to you as a convenience and does not imply the recommendation or endorsement of the linked information or company. We welcome links to the Magellan sites. You are free to establish a hypertext link to the Magellan sites so long as the link and use of the link does not state or imply any sponsorship, endorsement or affiliation of you or your site by Magellan. Without the prior written permission of Magellan, you may not frame any of the content of the Magellan sites, or incorporate into another web site or other service the intellectual property of Magellan or any of its licensors.
3. User Conduct. You are prohibited from violating or attempting to violate the security of the Magellan sites, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, by submitting a virus to the Magellan sites, overloading, "flooding," "spamming," "mailbombing" or "crashing," (d) sending unsolicited e-mail, spamming or to transmitting chain letters, junk email or bulk communications, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, including pretending to be someone else or spoofing their identity. Violations of system or network security may result in civil or criminal liability. Magellan will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Magellan reserves the right to block, filter or delete unsolicited email.
4. International Use. Software and other materials from the Magellan sites may also be subject to export controls of the United States and/or such other country whose export restriction may apply. Export Control laws prohibit the export of certain technical data and software to certain territories such as Libya, Cuba, North Korea, Syria, Iran or Iraq. No software or other materials from the Magellan sites may be downloaded or exported to any such countries, companies and/or individuals that may be subject to such export restrictions or proscribed by the United States Export Administration Regulations without first complying with the licensing requirements of such regulations. Magellan does not authorize the downloading or exportation of any software or technical data from the Magellan sites to any jurisdiction prohibited by the Export Laws.
5. U.S. Government Restricted Rights. The information on the Magellan sites is provided with "RESTRICTED RIGHTS." Use, duplication or disclosure by the Government is subject to restrictions as set forth in FAR 52.227-14 and DFAR 252.227.-7013 et seq. or its successor. Use of the information by the U.S. Government constitutes acknowledgement of Magellan's proprietary rights in the information.
6. Copyright Information. The Magellan sites and their contents are protected by copyright, author rights and/or other intellectual property rights which are the property of Magellan, its parent company or third parties. You should assume that everything you see or read on the Magellan sites is copyright protected unless otherwise noted, and may not be used except as provided in these terms and conditions, without the written permission of Magellan. Magellan neither warrants nor represents that your use of materials displayed on the Magellan sites will not infringe rights of third parties not owned by or affiliated with Magellan.
7. Trademark Information. The following trademarks, logos, and service marks displayed on the Magellan sites are registered and common law trademarks of MiTAC International Corporation and are used under license by MiTAC Digital Corp. (Magellan).
Company, Brands and Products
EXPLORIST
MAESTRO
MAGELLAN
MAGELLAN and design (satellite logo)
ROADMATE
QUICKSPELL
SPORTRAK
Other products or company names mentioned in the Magellan sites may be the trademarks or registered trademarks of their respective owners. Nothing contained on the Magellan sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks on products, in advertising or publicity, or for any other purpose without the written permission of Magellan or such third party that may own the trademarks. Your use of the trademarks, or any other content on the Magellan sites, except as provided in these terms and conditions, is strictly prohibited. You are also advised that Magellan will aggressively enforce its intellectual property rights to the fullest extent of the law.
8. Use of Images. Images of people or places displayed on the Magellan sites are either the property of, or used with permission by, Magellan. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms and conditions. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
9. Use of Material by Magellan. Any suggestions, feedback, communication or similar information you transmit to the Magellan sites by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as non-confidential and nonproprietary. Such information shall be deemed to be provided without any restrictions on use such that Magellan or its affiliates shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation. Furthermore, Magellan is free to use any ideas, concepts, know-how, or techniques contained in such feedback, suggestions or communication and the like for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products or services using such information. Through your usage of the Magellan sites, you may submit and/or Magellan may gather certain limited information about you and your web site usage subject to the Magellan Privacy Policy.
10. Disclaimer. Magellan strives to provide you with accurate information. Nevertheless, Magellan makes no warranties or representations as to the Magellan sites or their accuracy. The information and materials provided on the Magellan sites may include technical inaccuracies, typographical errors or software "bugs." Some information is dated and may not be accurate at a later date. We do not warrant the accuracy or completeness of the information, text, graphics, links or other items on the Magellan sites. We may make changes to the performance or pricing of the products described on the Magellan sites at any time without notice and we do not commit to updating or continuing to provide information on any subject or product. Magellan reserves the right to refuse to accept or to cancel orders placed for products or services listed at an incorrect price, due to typographical or other error, whether or not the order has been confirmed or your credit card has been charged.
11. Disclaimer of Warranties. Your use of and browsing in the Magellan sites are at your risk. You understand and agree that Magellan assumes no responsibility for the timeliness, deletion or incorrect delivery of any communications. MAGELLAN, ANY OF ITS AFFILIATES, ITS AND THEIR DIRECTORS, OFFICERS AND EMPLOYEES, AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, EVEN IF MAGELLAN HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Magellan also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Magellan sites or your downloading of any materials, data, text, images, video, or audio from the Magellan sites.
12. Termination. Magellan reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Magellan sites and any licenses granted through the sites (or any part thereof) with or without notice for any reason or no reason whatsoever. You agree that Magellan shall not be liable to you or any third party for any modification, suspension or discontinuance of the Magellan sites.
13. General Information. This constitutes the entire agreement between you and Magellan regarding use of the Magellan sites, superseding any prior agreement between you and Magellan regarding use of the Magellan sites. You may also be subject to additional terms and conditions that may apply when you purchase products or services. Magellan may at any time revise these terms and conditions by updating this posting. The failure of Magellan to exercise or enforce any right shall not constitute a waiver of such right. The Magellan sites are controlled and operated by Magellan from its offices within the United States of America. Magellan makes no representation that materials in the Magellan sites are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Magellan sites from other locations do so on their own initiative and are responsible for compliance with applicable local laws. The internal substantive laws of the State of California shall govern any claim relating to the Magellan sites or information provided on the Magellan sites.
--Privacy Policy--
This privacy policy explains how MiTAC Digital Corporation (‘‘MiTAC’’ or ‘‘We’’) uses personal data from and about you, on the portal site operated by MiTAC, by phone, email, or otherwise when you visit our website, or use the services provided on and through our website, including purchasing goods or providing after-sales services.
MiTAC is committed to protecting your personal data and being transparent about what information it holds. MiTAC understands its obligations to help you understand how and why MiTAC processes your personal data. This policy tells you about the why, what, how, and when in relation to MiTAC’s collection and processing of your personal data.
PURPOSE AND BASIS OF MITAC’S COLLECTION AND PROCESSING OF YOUR PERSONAL DATA
We collect and process your personal data for purpose of performing our obligations under the membership agreement and/or purchase agreement with you.
We use the personal data collected from you for purpose of delivering our membership service to you, completing purchase orders, facilitating payments, rendering of repair and maintenance services, and, upon your consent, providing you with updated news and marketing information on the products and services offered by MiTAC.
We also use your personal data to respond to you when you contact us.
TYPE OF DATA MITAC COLLECTS ABOUT YOU
The types of personal information we collect and process about you include:
●Your name and contact information (e.g., email, shipping address, and phone number(s));
●Billing details such as credit card number and other data necessary for processing payments and fraud prevention, including security code numbers and other related billing information;
●Business information details such as information provided in the course of the contractual relationship between you and MiTAC, or otherwise voluntarily provided by you;
●Information that is collected when you visit on of our website such as cookies;
●Information classified as “sensitive” personal data e.g. relating to your health. This information will only be collected and used where it is needed to provide the product or service you have requested or to comply with our legal obligations;
●Persistent identifier such as a customer number or other information held in a cookie or IP address; and
●Other information alike that helps fulfill the purpose for which it was collected.
COOKIES
1.A “Cookie” is a small file, typically of letters and numbers, downloaded on to a device (such as desktop, laptop, tablet) when the user accesses certain websites. Cookies are then sent back to the originating website on each subsequent visit. Cookies are useful because they allow a website to recognize a user’s device. The information below explains the cookies we use on our website and why we use them:
2.Cookies and similar technologies allow us to provide you with, for example, customized information from our Website and to make our Website more user-friendly through customer recognition, understanding and facilitation of the customer browsing and shopping behavior. This may include, for example, remembering your language selection so you don’t have to re-enter it every time you visit our Website.
3.In addition, cookies allow us to understand which pages you have visited and to determine how frequently particular pages are visited and to determine the most popular areas of our website. This enables us to improve our website and apps to offer the best shopping experience for you.
4.Our website also employs cookies and similar technologies placed by our carefully selected third party partners, including but not limited to Google, to manage our commercial relationship with those partners.
5.You can enable or disable cookies by modifying the settings in your browser. However, to make full use of our website, cookies need to be enabled on your browser or device. If you choose not to allow cookies you will not be able to browse parts of our website. Without cookies you will not be able to place an order as cookies are required for the ordering process to be completed. They help, for example, to remember which and how many items you have selected to purchase.
6.We have a variety of pages on social networking sites. If you use these pages, the hosting sites may store cookies onto your device. We do not control the setting of, and accept no liability in connection with these cookies. Please look at the third-party websites for more information about the cookies they use and how you can manage them. Please read the terms of the applicable application for more information.
7.Third party cookies are those that are set by a domain different to the one that the user is visiting. MiTAC uses some carefully selected third parties to provide certain services to improve the service we offer to you. Some of these third parties use cookies. Information about how we use third parties and what cookies they use and why, is given below.
8.MiTAC also provides links to external third party websites and you may choose to click through to these sites. If you do so, these third party sites may send cookies to your browser. We do not control the setting of, and accept no liability in connection with, these cookies. Please look at the cookies policies on the respective websites for more information about what they do with cookies and how you can manage them.
9.Below list includes cookies deployed by such third parties on our Website.
● Google Analytics
At MiTAC, we use Google Analytics to help us understand how our customers navigate to and through our Website. These cookies enable the function of Google analytics. This service helps us understand how long customers spend visiting different pages and how often they return to our Website. Google Analytics also helps our marketing colleagues to work out the effectiveness of our digital marketing campaigns. You can find out how to opt out of these cookies here: https://tools.google.com/dlpage/gaoptout
To know more information about Cookie, please see Cookie Policy.
SHARING OF YOUR PERSONAL INFORMATION
1.Your personal data collected by MiTAC may be shared with MiTAC International Corp. and MiTAC Digital Technology Corp. and companies within MiTAC group so as to allow MiTAC to carry out the purposes stated above.
2.MiTAC is required to disclose certain personal data collected from you to third parties e.g. logistic service provider(s), maintenance service provider(s), email delivery service provider(s), marketing service provider(s) and cloud service provider(s) we have chosen to support us for carrying out the purposes stated above.
3.With your prior consent, we may share information about you for publicity and marketing purposes online, in print and on social media.
4.We reassure you that, MiTAC will, under no circumstances, sell your personal data to third parties or permit third parties to sell the data we have shared with them.
Transferring Personal Data outside the Country
Where data needs to be transferred outside the country, MiTAC will ensure that all such transfers are in compliance with the applicable law and relevant regulations. Where transfers are to be made outside of the country, MiTAC will ensure that the designation country(ies) has data protection laws assessed as adequate by the country or where adequate safeguards are in place.
YOUR RIGHTS
1.Right to withdraw consent. Where MiTAC is collecting or/and processing data based on your consent, you have the right to withdraw that consent at any time.
2.In addition, you have the right to:
●access your personal data;
●copy or transfer your personal data;
●demand rectification of incorrect or incomplete data;
●require deletion or removal of your personal data;
●request not to be subject to entirely automatic profiling algorithms;
●impose restriction on processing of your personal data; and
●object to the processing of your personal data based on grounds other than your express consent.
3.We may use automated processing with your personal data to allow us to provide you with service and product information that is most suited for your interests. If you are unhappy with the automated decision, you can contact us and request a manual review.
4.You have the right to lodge a complaint with the authority should you believe that MiTAC has violated your privacy right through inappropriate use of your personal data and has failed to promptly cure such violation upon receipt of your request for cure.
CHILDREN'S PRIVACY
We encourages parents and guardians to take an active role in their children's online activities. We do not knowingly collect personal information from children without appropriate parental or guardian consent. If you believe that we might have collected personal information from someone under the applicable age of consent without proper consent, please let us know using the methods described below and we will take appropriate measures to investigate and address the issue promptly.
SECURITY OF YOUR PERSONAL INFORMATION
1.MiTAC is committed to protecting the information you provide us. We take the information and system security very seriously and we strive to comply with our obligations at all times. MiTAC will take great care in maintaining the security of your personal data and in preventing unauthorized access to it through the use of appropriate technology and internal safeguards. Your information is protected by controls designed to minimize loss or damage through accident, negligence or deliberate actions.
2.We suggest that you do not share your password information with anyone. If you are sharing a computer with others you should always choose to log out before leaving a site or service to protect access to your information from subsequent users.
DATA RETENTION PERIOD
1.Except as otherwise required by applicable law, MiTAC endeavors to retain your personal data only for as long as is necessary for MiTAC to fulfill the aforementioned purposes. After the data retention period, we will destroy or delete your personal information or make it anonymous such that it cannot be identified or traced back to you.
2.If in the future we intend to process your personal data for a purpose other than that which it was collected, we will notify you of that purpose together with any other relevant information.
CHANGES TO THIS PRIVACY POLICY
MiTAC may change the terms of the Privacy Policy from time to time. In case of any changes, we will post those changes. When we change the policy in a material way, a notice will be posted on our website along with the updated Privacy Policy.
