Privacy Policy

Last Updated: April 16, 2024

Thank you for your interest in Megabyte Systems, Inc. (“Megabyte,” “we,” or “us”). This Privacy Policy sets forth the terms and conditions with respect to how we process personal information about you and other third parties. This Privacy Policy describes, among other issues, the types of personal information that we collect, the purposes for which we use it, the types of third parties with whom we share it, and any rights and responsibilities you may have with respect to such personal information. This Privacy Policy applies to the personal information you provide us when you (i) visit, register with, access, or use any website that we own, license, or otherwise operate and that links to this Privacy Policy (each, a “Site”), (ii) visit our offices or premises, or (iii) contact or engage with us in any other manner. For purposes of this Privacy Policy, the Site and all information and materials set forth thereon, shall be referred to collectively as the “Services.” 

PLEASE READ THIS PRIVACY POLICY CAREFULLY AS IT DESCRIBES YOUR RIGHTS, RESPONSIBILITIES, AND LIABILITIES. BY ACCESSING OR USING THE SITE, SERVICES OR OTHERWISE PROVIDING US WITH PERSONAL INFORMATION, YOU ARE CONSENTING TO THE TERMS OF THIS PRIVACY POLICY AND ANY APPLICABLE TERMS OF USE AND COOKIE POLICY ON THE SITE YOU ARE ACCESSING. 

Scope
For purposes of this Privacy Policy, the term “personal information” means any information that, alone or in conjunction with other information or data, identifies or is linked to a particular individual or household and that is subject to, or otherwise afforded protection under, a data protection law, statute, or regulation. The term “personal information” does not include anonymized or de-identified data that is not attributable to a particular individual or household and that is not otherwise subject to a data protection law, statute, or regulation. Megabyte may anonymize or de-identify personal information, and such data is not subject to this Privacy Policy, and Megabyte may use such data for any purpose.

This Privacy Policy applies to personal information that Megabyte receives during its business operations as a “data controller” – which means we determine the purpose and means of processing such personal information. 

In the event Megabyte is processing personal information through our Megabyte Property Tax System (MPTS) or through the websites we host (i.e., white-label websites) on behalf of our customers (“Customer”), then Megabyte is considered a “data processor,” and our data processing activities are governed by a service agreement, data processing agreement, or other contractual terms between Megabyte and the Customer and not this Privacy Policy. In other words, when a Customer or an end-user of a Customer inputs personal information into our MPTS or our white-labeled websites, then the Customer is the data controller and Megabyte is their data processor. Any questions or concerns you have about the use of your personal information in connection with our MPTS must be submitted directly to the data controller as the data controller (and not Megabyte) determines the purpose and means for processing your personal information. For the avoidance of doubt, Megabyte is not responsible for, and you will not hold or seek to hold Megabyte liable for, any data processing activities undertaken in connection with how data controllers collect and use your personal information in connection with our MPTS.

The Types and Categories of Personal Information We Collect
Megabyte collects personal information in order to provide our Services, comply with our legal obligations, promote our business interests, and for the other reasons set forth in this Privacy Policy. When you do not provide personal information to Megabyte, we may not be able to provide you the Services or to complete a transaction you requested. Generally, we collect the following types and categories of personal information during our business operations:

Personal Information

Category

Description/Examples

Personal Identifiers

Identifiers, such as your name, email address, and telephone number.

Registration Data

Information provided when you register for an account to use the Site, including usernames and passwords.

Online Identifiers (For more information, see “Technical Data” below)

Persistent identifiers that can be used to recognize you or your device over time and across different services, including a device identifier, an Internet Protocol (IP) address, cookies, beacons, pixel tags, mobile ad identifiers, and similar technology.

Commercial and Tax Information

Records of the Services you purchased, obtained, or considered or your other purchasing or consuming histories or tendencies with respect to our Services. This information includes your tax-related information and data you provide, either directly or indirectly, to us.

Business Contact Data

Information related to employees, owners, directors, officers, or contractors of a third-party organization (e.g., business, company, partnership, sole proprietorship, nonprofit, or government agency) with whom we conduct, or possibly conduct, business activities.

Health and Disability Data

You may furnish us with health-related information in the event we undertake health screening or accommodate a disability when you visit one of our offices.

Marketing and Communications Data

Information with respect to your marketing preferences and your subscriptions to our publications and alerts. You may opt out from email marketing at any time by using the “unsubscribe” feature within an email marketing communication or by contacting us in accordance with the “Contact Us” section below.

Communications

Communications with us (such as recordings of calls with customer service representatives for quality assurance and training purposes), and other communications that occur through the Site. 

Internet and Electronic Network Data

Data pertaining to your access or use of the Site, including browsing history, search history, and information regarding your interaction with the Site or advertisements embedded on the Site or other third-party websites, and information derived from any device that connects to our WiFi services.

Your Feedback

Information you provide about our Services, which may include data gathered from any Megabyte surveys or reviews submitted by you.

Visitor Information

Information an individual provides when visiting any physical location or premises of Megabyte (e.g., visitor logs and registries, vehicle and parking information).

Geolocation Data

Information about the general city, state, or region in which a user of the Site is located.

Professional or Employment Data

If you apply for a job with Megabyte, we collect information set forth in a résumé, curriculum vitae, cover letter, and similar documentation, including contact details, employment history, skills, or qualifications, education level, job compensation and benefit preferences, criminal record, credit history and similar data, and information provided about or by your references. For more information, see “Employment Applications and Talent Management” below.

Technical Data.
When you access the Site, we collect certain data automatically using technical means and tools. This data relates to your device, as well as your experience on the Site and other websites, including the following:

Usage and Device Data. When you access and use the Site, we automatically collect details of your access to and use of the Site, including traffic data, usage logs and other communication data, and the resources that you access and use on or through the Site (e.g., browsing history, search history). We may also collect information about your device and internet connection, including the device’s unique identifier (e.g., device type, IMEI, Wi-Fi MAC, IP address), operating system, browser type, and mobile network information. The Site may collect “diagnostic” data related to your use of the Site, such as crash data and logs, performance data (e.g., launch time, hang rate, or energy use), and any other data collected for the purpose of measuring technical diagnostics.

Cookies and Tracking Data. We use “cookies” and other tracking technologies within the Site. A cookie is a small file placed on your smartphone or other device. It may be possible to refuse to accept cookies by activating the appropriate setting on your smartphone or device. However, if you select this setting, some parts of the Site may become inaccessible or not function properly. In addition, the Site may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us to analyze data on your use of the Site (e.g., recording the popularity of certain content and verifying system and server integrity). The Site may collect data about the advertisements you have seen or engaged. For more information, see, where available, the Cookie Policy on each Site.

Non-Cookie Technologies. We may deploy on our Sites certain types of “non-cookie technologies” provided by our service providers to support our digital advertising programs. These technologies often include browser cache, locally stored objects, or the creation of a statistical identifier wherein an identifier, much like a cookie identifier, is calculated based on the characteristics of a browser or device that distinguishes it from other browsers or devices. These identifiers are calculated either from the data your browser or device shares automatically or with additional data specifically requested from your browser or device. For more information, see here (link).

Site Monitoring. Please be aware that we, and our third-party service providers and marketing partners, use cookies and other tracking technologies within the Site to, as applicable, monitor and record any and all activities and communications to, from, and on the Site in order to safeguard, improve, and analyze usage of the Site, and for the other purposes listed in this Privacy Policy. For the avoidance of doubt, you hereby acknowledge, agree, and consent to such monitoring and recording by us and our third-party service providers and partners.

Sources of Information
First-Party / Direct Collection. We collect personal information directly from you when you use our Services (e.g., registering accounts or completing purchases) or whenever you directly engage with us, such as when you visit our offices or premises or otherwise contact us.

Automated Collection. As described above, we may collect information and data, such as usage data and cookies, through automated means when you use the Site (see “Technical Data” above).

Third-Party Sources. We collect personal information from third parties, such as publicly available databases, social networking providers, advertising companies, our service providers, and third-party references.

How Your Personal Information Is Used
We may use the personal information we collect about you in order to perform our Services, comply with our legal obligations, and promote our business interests. We may use your personal information to do the following:

Use of Your Personal Information

Provide, operate, maintain, improve, and promote our Services.

Enable you to access and use our Services.

Process and complete transactions and send you related information, including purchase confirmations and invoices.

Send you messages and communications related to our Services (e.g., responses to your comments, questions, and requests, customer services).

Furnish technical notices, updates, security alerts, and support and administrative messages to you about our Services.

Provide you promotional and marketing communications (e.g., information about our Services, features, surveys, newsletters, offers, promotions, contests, and events).

Monitor and analyze trends, usage, and activities in connection with our Services to promote our business interests.

Investigate and prevent fraudulent transactions, unauthorized access to or use of our Services, and other illegal activities.

Personalize our Services, including providing features or advertisements that match your interests and preferences.

Comply with applicable laws, protect our rights and interests and the rights and interests of our customers and partners, participate in legal and administrative proceedings and regulatory processes, defend ourselves and our interests, and respond to law enforcement, other legal authorities, and requests that are part of a legal process.

Comply with applicable due diligence laws and requirements regarding security, anti-terrorism, anti-bribery, customs, immigration, and similar matters.

Megabyte may collect and use your personal information for any other purpose for which we obtain your consent.

Sharing Information / Third-Party Disclosures
We share your personal information as described below and in this Privacy Policy, and as permitted by applicable law.

Category of Recipient

Purpose of Disclosure

Service Providers

We share personal information with third parties in connection with the delivery of our Services (e.g., credit card processing, customer service, business analytics, fraud prevention, legal compliance services, and advertising and marketing).

Business Partners

We may share your personal information with third parties that distribute our goods, products, and marketing materials.

Business Restructuring

Circumstances may arise where, for strategic or other business reasons, we decide to sell, buy, divest, merge or otherwise reorganize our businesses. We may disclose your personal information to the extent reasonably necessary to proceed with the negotiation or with the completion of a merger, acquisition, divestiture or sale of all or a portion of our assets.

Legal; Compliance; Legitimate Interests

We may disclose personal information (i) if required by law or government order, or with a legal process, (ii) to protect and defend our rights or property, or (iii) in urgent circumstances, to protect the health and personal safety of any individual. In addition, we may disclose your personal information with any third party when we believe such disclosure is necessary to defend or protect our legal, regulatory, or business interests.

Consent

In addition to the reasons for disclosure set forth herein, we may also disclose your personal information upon your consent.

In the event that you facilitate a transaction with Megabyte, or request information from or otherwise engage with us, and such activities require Megabyte to share your personal information with a service provider or other third party, you hereby consent to such disclosure and/or direct Megabyte to intentionally disclose your personal information to the service provider or third party.

Social Media
We may engage with you on various social media platforms (e.g., LinkedIn). If you contact us on a social media platform for customer support or for other reasons, we may contact you via the social media’s direct message tools. Those communications to and from us are governed by this Privacy Policy. However, your use of a social media platform is also subject to the policies and terms of the relevant social media platform. Certain social media platforms may also automatically provide us with your personal information, and the information we receive will depend on the terms that govern your use of the social media platform(s) and any privacy settings you may have set. The Site may include social media features and widgets (e.g., the “Facebook Like” button, the “Share This” button) or interactive mini-programs that run on the Site. These features may collect your IP address and which Site page you are accessing and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on the Site. Your interactions with these features are governed by the privacy statement of the relevant social media platform that provides them.

According to the terms and conditions governing certain social media platforms, you may request that the information, data, or other content we obtain from or through the social media platform (“Platform Data”) be deleted or modified. If you would like Platform Data related to you deleted or modified, please contact us in accordance with the “Contact Us” section below and identify (i) the social media platform at issue and (ii) the Platform Data that you would like deleted and/or modified, and if modified, the modification to said Platform Data. We may also delete Platform Data if requested by the social media platform.

Links to Other Websites; Your Direct Third-Party Disclosures
As a resource to you, the Site may include links to third-party websites or provide you the opportunity to disclose information directly to third parties. Our Privacy Policy does not apply to such third-party websites or organizations. You assume all privacy, security, and other risks associated with providing any data, including personal information, to third parties via the Services. For a description of the privacy protections associated with providing information to third parties, you should refer to the privacy statements, if any, provided by those third parties.

Payment Card Data. Our Site may include, from time to time, the ability for you to engage in payment card transactions. We use third-party payment card processors to facilitate such activities and we do not have access to your full payment card information. By using these payment card processing services, you hereby agree to the terms and conditions of these third-parties, and agree that we do not have any liability with respect to your payment card-related data. 

Data Retention and Localization
The period during which we retain your personal information varies depending on the purpose for the data processing. For example, we retain personal information needed to provide you with our Services, to facilitate transactions you have requested, to comply with our legal obligations (e.g., tax filings, export control laws), to engage in marketing activities, and for as long as is necessary to defend our legal or business interests. In all other cases, we retain your personal information for as long as is needed to fulfill the purposes outlined in this Privacy Policy. You may not access or use the Services if you are located outside the United States.

Security
We seek to protect the security of your personal information and use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. HOWEVER, NO INFORMATION SYSTEM CAN BE FULLY SECURE, AND WE CANNOT GUARANTEE THE ABSOLUTE SECURITY OF YOUR PERSONAL INFORMATION. MOREOVER, WE ARE NOT RESPONSIBLE FOR THE SECURITY OF PERSONAL INFORMATION YOU TRANSMIT TO THE SITE AND/OR THE SERVICES OVER NETWORKS THAT WE DO NOT CONTROL, INCLUDING THE INTERNET AND WIRELESS NETWORKS, AND YOU PROVIDE US WITH ANY PERSONAL INFORMATION AND DATA AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY DATA INCIDENT OR EVENT THAT MAY COMPROMISE THE CONFIDENTIALITY, INTEGRITY, OR SECURITY OF YOUR PERSONAL INFORMATION CAUSED BY A THIRD PARTY. The safety and security of your personal information also depends on you. Where we have given you (or where you have chosen) a username and password to access our Services, you are responsible for maintaining the security and confidentiality of those credentials and not revealing them to others. You must contact us immediately (and in any event within twenty-four (24) hours) if you have reason to believe that your username or password to our Services has been compromised. You acknowledge and agree that we may contact you via email or other electronic communications in the event we are legally required to notify you of a data security incident or event related to your personal information.

No Data Collected from Children
The Site is not directed at, nor intended for use by, children. As a result, if you are under the age of eighteen (18), you are prohibited from accessing or using the Services (including the Site) or with providing us with your personal information.

Your Responsibilities
You are permitted, and hereby agree, to only provide personal information to Megabyte if such personal information is accurate, reliable, and relevant to our relationship and only to the extent such disclosure will not violate any applicable data protection law, statute, or regulation or infringe upon a person’s data privacy rights or privileges. IF YOU PROVIDE PERSONAL INFORMATION (INCLUDING PERSONAL INFORMATION CONCERNING A THIRD PARTY) TO MEGABYTE, YOU EXPRESSLY REPRESENT AND WARRANT TO MEGABYTE THAT YOU HAVE THE FULL RIGHT AND AUTHORITY TO PROVIDE MEGABYTE WITH SUCH PERSONAL INFORMATION (INCLUDING PERSONAL INFORMATION CONCERNING A THIRD PARTY) AND THAT MEGABYTE’S USE AND PROCESSING OF SUCH PERSONAL INFORMATION AS SET FORTH HEREIN WILL NOT VIOLATE ANY PERSON’S RIGHTS OR PRIVILEGES, INCLUDING RIGHTS TO PRIVACY. YOU HEREBY AGREE TO FULLY AND COMPLETELY INDEMNIFY MEGABYTE FOR ANY CLAIMS, HARM, OR DAMAGES THAT MAY ARISE FROM YOUR PROVISION OF PERSONAL INFORMATION (INCLUDING PERSONAL INFORMATION CONCERNING A THIRD PARTY) TO MEGABYTE.

Updating Your Information
It is important that the personal information that you provide to us is accurate and reliable. In certain circumstances, you may have the ability to directly edit your account to update and change your personal information (e.g., name, telephone number, email), and you must do so when such changes are warranted. You may review, update, or modify your personal information, including profile and contact information, at any time by contacting us in accordance with the “Contact Us” section below.

Nevada Privacy Rights
Megabyte does not currently conduct “sales” of personal information for purposes of Nevada law. Notwithstanding the foregoing, Nevada residents may submit a request directing us to not sell personal information we maintain about them to third parties who will sell or license their information to others. If you would like to exercise this right, please contact us in accordance with the “Contact Us” section listed below.

California Privacy Rights
California Consumer Privacy Act. Megabyte is not a “business” within the meaning of the California Consumer Privacy Act of 2018, as amended. To the extent that we process personal information on behalf of a Customer (e.g., through our MPTS), our data processing activities are governed by a service agreement, data processing agreement, or other contractual terms between Megabyte and the Customer and not this Privacy Policy. Any questions or concerns you have about the use of your personal information in connection with our MPTS must be submitted directly to the data controller (i.e., our Customer).

California Shine the Light. Under California Civil Code Section 1798.83 (“Shine the Light”), California residents have the right to request in writing from businesses with whom they have an established business relationship: (a) a list of the categories of personal information, as defined under Shine the Light, such as name, email address, and mailing address, and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes; and (b) the names and addresses of all such third parties. However, Megabyte does not disclose personal data to third parties for their direct marketing purposes.

Do-Not-Track Signals
Some web browsers may transmit “do-not-track” signals to the website with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they are even aware of them. Unless otherwise required by law, we currently do not take action in response to these signals.

Persons with Disabilities
Megabyte strives to ensure that every person has access to information related to our Services, including this Privacy Policy. Please contact us if you would like this Privacy Policy provided in an alternative format, and we will seek to meet your needs.

Employment Applications and Talent Management
As part of our recruitment and talent management process, we collect personal information with respect to individuals who are interested in working for us. In this context, we collect employment and application data, such as the following: contact information (e.g., name, title, residential or postal address, telephone number, and personal email address); information in a curriculum vitae, résumé, cover letter, or similar documentation; details regarding the type of employment sought, willingness to relocate, job compensation and benefit preferences; health data (e.g., medical conditions); information related to your background, education, criminal record, credit history and similar data; information provided about or by your references or other third parties related to your employment history, skills, qualifications, or education; and information related to previous applications to us or previous employment history with us. When permitted by law, we may collect information about your race and ethnicity to assist with our diversity and inclusion programs. We use this information for the following purposes: to identify and evaluate job applicants; to verify your information; to complete employment, education, background and reference checks; to communicate with you about the recruitment process and your application; to comply with our legal, judicial, regulatory, administrative, or other corporate requirements; to analyze and improve our application and recruitment process; to accommodate individuals who may have specialized needs during the employment process; and to protect the rights, interests, and property of our business, other job applicants, employees, or the public, as required, or permitted, by law. We share this personal information with third parties (see “Sharing Information / Third-Party Disclosures”), and we may also use this employment and application data for any other purpose set forth in this Privacy Policy.

Events and Video Teleconferencing
Megabyte hosts and uses video teleconferencing platforms to facilitate conferences, meetings, training events, and other programs. We often use online platforms that are owned and administered by a third-party service provider (e.g., Google, Zoom, WebEx, Skype for Business). Please be aware that our video teleconferencing may record the content, conversations, and discussions thereon, and such records may be stored or retained by our third-party service providers. By participating in our events and video teleconferencing, you hereby consent to the collection and retention of any information provided therein, and you hereby consent to the recording of such activities.

Changes to the Policy
We reserve the right to amend this Privacy Policy at any time. We will notify you if this Privacy Policy is amended by updating the “Last Updated” section listed above. It is your responsibility to periodically review the Privacy Policy to determine whether any amendments have been made hereto. Your use of the Services, and continued use of the Services after any amendments are made to this Privacy Policy, signifies your consent to this Privacy Policy and any amendments hereto. We may, in our sole discretion, provide you communications, including via email or text messages, about changes to our Privacy Policy; however, such communications do not abrogate or otherwise limit your responsibility to periodically review the Privacy Policy to determine whether any amendments have been made hereto.

Contact Us
If you have questions regarding this Privacy Policy, or would like to request more information from us, please contact us by mail at: Megabyte Systems, Inc., Attn: Legal Department, 2630 Sunset Boulevard, Rocklin, CA 95677; or, email us at mbhelpdesk@megabytesystems.com.