SCMB, LLC d/b/a E-file Magic Privacy Policy
Last Modified: 2019-12-31
E-File Magic respects your privacy and is committed to protecting it through our compliance with this Privacy Policy. This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit or use our (a) website located at www.efilemagic.com or (b) E-File Magic Software located at app.efilemagic.com (www.efilemagic.com, app.efilemagic.com, and our E-File Magic Software are referred to collectively herein as the “Website”), together with our practices for using, maintaining, protecting, and disclosing that information. This Privacy Policy applies to information we collect through the Website but not to information collected offline or through other means.
By accessing or using the Website, you are indicating your acknowledgement and acceptance of this Privacy Policy. This Privacy Policy is subject to change by us at any time in our discretion. Your access or use of the Website after such changes are implemented constitutes your acknowledgement and acceptance of the changes. Please consult this Privacy Policy regularly.
1. Terms:
“Registrant/Customer Information” means the information you voluntarily provide to us for the purpose of acting as the registered entity/customer conducting business with E-File Magic.
“Company/Filer and Recipient Information” means information you voluntarily provide to us and that is used for the purpose of generating IRS Forms and printing, mailing, and e-filing those forms with the IRS, state or local government agencies, recipients, and companies/filers thereof.
“E-File Magic Software” means our compiled software applications and cloud software applications which can be downloaded at app.efilemagic.com.
2.
Information we collect, how we collect it, and how we use it:
a. Website Visitors. Like most website operators, E-File Magic collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. We collect this information automatically as you navigate to and through the Website, and do so using cookies, web beacons, and other tracking technologiesf (these technologies are described more fully below). Our primary purpose for collecting non-personally identifying information is to better understand how visitors to the Website reach the Website and use it. From time to time, E-File Magic may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its Website.
E-File Magic also automatically collects personal information like Internet Protocol (IP) addresses from its Website visitors. IP addresses may be correlated with general physical location in some instances, so we may learn your general location through our collection of IP addresses. We may use this geographic information to learn where (generally) our customers are located.
You may also voluntarily provide personal information when requesting a sales consultation, additional information on E-File Magic’s products or services, or technical support through the Website.
E-File Magic’s automatic data-collection technologies are described briefly below:
i. Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer or device. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
ii. Web Beacons. Web beacons are small graphic images or other programming code (also known as "1×1 GIFS," "pixel tags," or "clear GIFs"). We may include web beacons in our Website pages and email messages. Web beacons may be used to count visitors to the Website, to monitor how users navigate the Website, and to count how many emails that we send are actually opened.
iii. Do Not Track. Some browsers incorporate a "Do Not Track" (DNT) feature that, when turned on, signals to websites and online services that you do not want to be tracked. At this time, our Website does not respond to DNT signals.
iv. Google Analytics and the Facebook Pixel. We utilize Google Analytics, the Facebook pixel, and other third-party tracking software and systems to assist in gauging Website traffic patterns, daily visitor volume, and overall access patterns and visitor origination points. We use reasonable efforts to ensure the information provided to these third parties does not contain directly identifying information such as name, tax identification number, address, etc., but some information—such as IP addresses—may be provided to these third parties. For example, we comply with the requirements imposed by Google LLC to utilize Google Analytics. You may opt-out of certain Google service features, such as through your device advertising settings, or by following the instructions provided by Google in its privacy policy: https://policies.google.com/technologies/partner-sites. You can learn more about the Facebook pixel by visiting https://www.facebook.com/legal/technology_terms and https://www.facebook.com/business/learn/facebook-ads-pixel.
v. Ad-Serving Platforms. We utilize third party ad-serving platforms (e.g., Google Ads and Facebook ads), which may provide us with information on your interaction with our ads on those platforms. Those platforms may also collect information about you from your interactions with the platform and you should review that platform’s policies for additional information.
vi.
Scroll Tracking. We track the “scroll” position of
Website visitors on certain Website screens and pages. This information is
supplied to Google Analytics so that we may better understand the usage and
scrolling patterns of Website visitors.
b. Registrant/Customer
Information. To register an account with E-File Magic, you may voluntarily
provide personal information through the Website. This personal information may
include your name, email address, phone number, username and password, and
billing information. We use this information to provide and correspond with you
regarding the services you request, send you marketing materials related to E-File
Magic’s goods and services, and correlate advertising expenses with revenue.
c. Company/Filer
and Recipient Information. E-File Magic collects
Company/Filer and Recipient Information that you voluntarily provide. This
information is used to perform the services you request from E-File Magic
including but not limited to 1042-S, 1097, 1098, 1099, 5498, W2G Form “Print
& Mail” service, and IRS “E-File” Service: such information includes
personal information of filers and recipients such as tax identification number
(SSN, ITIN, ATIN, etc.), financial information and other information related to
the filing of certain IRS forms you create/import into the E-File Magic
Software. You may also provide personal information related to your recipients,
such as address, phone number, email address, and other personal information.
We will also use that personal information to perform the services you request,
including—for example—to send recipients their tax forms. By providing
Company/Filer and Recipient Information, you represent and warrant that you
have received the necessary consent to provide that information and otherwise
have the right and authority to provide us with such information, and that such
information is accurate, current, and complete.
3.
Who we share your information with; our lawful bases for
processing:
a. Compliance
with Law and Enforcement of Contract Terms. E-File
Magic may share your personal information when necessary to ensure compliance
with local, state, and federal laws, or to protect the rights, property, or
safety of E-File Magic, our customers, or others. This includes without
limitation exchanging information for the purposes of fraud prevention. E-File Magic may also disclose your personal information to
enforce or apply our Terms of Use
and Terms of Service
including for billing and collection purposes.
b. Company/Filer
and Recipient Information. Except as noted in the
“Compliance with Law and Enforcement of Contract Terms” section, we will not
share any Company/Filer and Recipient Information with any third party except
as necessary to remit your e-file data to the IRS via E-File Magic's
Transmitter Control Code, and to print forms and process mailings to perform
the services you request. By using the Website, you consent to the transfer of
personal information to third parties for these purposes. All third parties to
whom we disclose Company/Filer and Recipient Information are obligated—by
contract or otherwise—to keep personal information confidential.
c. Registrant/Customer
Information. Except as noted in the “Compliance with Law and Enforcement of
Contract Terms” section, we will not share any personally-identifying
Registrant/Customer Information with any third party except for the purposes of
performing the services you request, marketing goods and services provided by E-File
Magic, or correlating advertising expenses with revenue. By using E-File Magic’s
Website, you consent to the transfer and use of such information for the
aforementioned purposes. All third
parties to whom we disclose Registrant/Customer Information are obligated—by
contract or otherwise—to keep personal information confidential and use it only
for the purposes for which we disclose it to them.
d. Non-personally-identifying Information. From time to time, E-File Magic may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of the Website.
e. Sale of the
Company. E-File Magic reserves the right to disclose personal information
to a buyer or other successor in the event of a merger, divestiture,
restructuring, reorganization, dissolution, or other sale or transfer of some
or all of E-File Magic’s assets, whether as a going concern or as part of
bankruptcy, liquidation, or similar proceeding, in which personal information
held by us is among the assets transferred.
f. Lawful
Bases. We collect and process your personal information only when we
have a lawful basis to do so. Lawful bases include your consent, the
fulfillment of our contractual rights or obligations, complying with applicable
law, and the legitimate interests of E-File Magic or third parties (provided
that processing your data for a legitimate interest does not outweigh your
rights and freedoms). Examples of a legitimate interest include (i) analyzing
user data to maintain, secure, and improve the Website and our services; (ii)
providing you with access to our services; (iii) providing you with up-to- date
information about new features of our Website or services; (iv) engaging third-party
providers to deliver certain features of our services; (v) keeping our E-File
Magic Software and your personal information secure; and (vi) responding to
your questions, correspondence, and other feedback. You may withdraw your
consent or object to a legitimate interest at any time by contacting us at the
information provided below.
4.
Security:
a. Encryption. When you
transmit Registrant/Customer Information or Company/Filer and Recipient
Information utilizing the Website, that information is encrypted in transit. We
also encrypt sensitive personal information that we store. While we use
reasonable efforts to safeguard personal information in transit, and after we
receive it, no transmission or storage of data can be guaranteed to be 100%
secure. As a result, we cannot ensure or warrant the security of any
information transmitted or stored, and you therefore assume all related risks.
You can learn more about our security by visiting
our Security Page.
b. Access to
information on E-File Magic’s servers. Only
authorized employees of E-File Magic have access to Registrant/Customer Information
and Company/Filer and Recipient Information we store.
c. Information
stored on your computer; your access credentials. It is your
responsibility to safeguard information stored on your computer. It is also
your responsibility to secure your encryption keys (where applicable) and other
access credentials, and to enable security tools we make available—such as
multi-factor authentication—to reduce the risk of unauthorized access to your
account.
5.
Cross-Border Transfer; Third-Party Service Provider Contracts. Our website
is hosted on servers in the United States. Any personal information you provide
to us will be processed and stored on servers in the United States, the laws of
which may be deemed by other countries to have inadequate data protection.
Accordingly, if you are located outside the United States, you consent and
continue to consent to the processing and storage of such data in the United
States. Where appropriate, we have in place, or will pursue, agreements with
our affiliates and third-party service providers that protect your rights with
respect to your data, and we will otherwise use safeguards to protect your
personal information in accordance with this Privacy Policy. Further details
regarding our practices can be provided upon request.
6.
Data Retention. We retain your personal
information to fulfill the purposes for which we collected it, including without
limitation the purposes of satisfying any legal, contractual, accounting, or reporting
obligations. If you have questions about our retention policy for particular
types of personal information, you can contact us using the information below.
7.
Children Under 18. Our Website is not intended for
children under 18, and we do not knowingly collect personal information from
children under the age of 18. If you are under 18, or plan to provide the
personal information of anyone under 18, please contact us using the information
below so we may provide you with an appropriate parent/guardian consent form.
If you have reason to believe that we have received personal information for a
child under the age of 18 without the appropriate parent/guardian consent,
please contact us and we will delete that information if we are legally allowed
to do so.
8.
Your Choices and Privacy Rights. If you
choose not to provide personal information, you may be unable to access or use
our Website.
a. Accessing
Your Personal Information. If you would like to obtain
a copy of your personal information processed by E-File Magic, or if you would
like to correct or delete such information, you may do so by accessing your E-File
Magic account via app.efilemagic.com, or by sending us a request at
support@efilemagic.com. Our response may vary depending on where you live and
what rights are provided by applicable law. If we process your personal
information on behalf of an E-File Magic Registrant/Customer, you may send us a
request but we may not be able to respond other than to direct you to the
Registrant/Customer. Depending on the law that applies where you live, you may
have additional rights, such as the right to request that we send your
information to another organization of your choice (where technically feasible)
and the right to object to or restrict certain processing activities.California residents should visit the following page to find a summary of their rights,
and a description of our practices, under the California Consumer Privacy Act (“CCPA”): E-File Magic CCPA Notice. In any
event, unless you are personally accessing, correcting, or deleting personal
information while logged into your E-File Magic account (which access,
correction, and deletion we will consider to be duly authorized by you), we
will require you to prove your identity before we take any action. To comply
with legal obligations, we may also need to retain certain information despite
your request.
b. Opting Out. We send
promotional and marketing communications only with your consent. If you no
longer wish to receive these communications from us, send us an email at
support@efilemagic.com or click on the “unsubscribe” link in any email you
received from us. Even if you opt out of promotional and marketing
communications, we may continue to send you emails related to your account and
the services we are providing to you/that you request.
9.
Improper Collection and Misuse of Personal Information. If you
believe we are engaged in any improper collection or misuse of personal
information, please contact us at support@efilemagic.com. Depending on the law
where you live, you may also have the right to file a complaint with your local
attorney general or other data protection authority.
10. Links to Other Websites and Services. The Website may link to or be linked from other websites that are not maintained by, or related to, E-File Magic. We do not endorse, and are not responsible for, the content or privacy practices of any of those third-party websites. If you decide to access any third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
11. Contact Information. If you have any questions about this Privacy Policy or how we handle your personal information, please contact us at privacy@efilemagic.com.