Privacy Policy

Bidwise, Inc., a Puerto Rico corporation (“Bidwise”), owns and operates the Web site located at the URL themagickalcat.com, and portions of other Web pages and Web content through which you have accessed this Privacy Policy (collectively, “themagickalcat.com”).  By visiting, using and/or submitting information to themagickalcat.com, you are accepting the practices described in this Privacy Policy and the terms and conditions of Bidwise’s Agreement of Terms of Use (the “Terms of Use”). 

Bidwise takes your privacy seriously, and has published this Privacy Policy to explain how Bidwise treats all information you may submit to themagickalcat.com. 

Collection of Personally Identifiable Information

Many of the features of themagickalcat.com are available to you without your providing personally identifiable information. Personally identifiable information generally includes information that could be used to determine your identity, such as your name, address, phone number, e-mail address, and birth date.  The following are certain situations in which Bidwise may collect personally identifiable information from you:

Registration for Newsletters 

Bidwise collects personally identifiable information from you if you register online for one of Bidwise’s newsletters. When you register online with Bidwise, Bidwise asks for personally identifiable information like your name, e-mail address, birth date, gender, ZIP code, occupation, industry, personal interests and other demographic information.

Use of Comments

If you choose to transmit, submit or post information through Bidwise’s comment features, bulletin boards or other forums (the “Forums”), Bidwise will collect that information you provide.  Bidwise retains this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law and pursuant to Bidwise’s Terms of Use.

Forms

Bidwise may collect personally identifiable information from you if you choose to fill out any forms, profiles, or surveys on themagickalcat.com.

Correspondence

If you send Bidwise personal correspondence, such as emails or letters, or if other users or third parties send Bidwise correspondence about your activities or postings on themagickalcat.com, Bidwise may choose to collect such information into a file specific to you.

Business Partners

Bidwise may receive your personally identifiable information from one of Bidwise’s business partners.

Use of Personally Identifiable Information

Bidwise uses your personally identifiable information as follows:

  • to improve Bidwise’s marketing and promotional efforts, analyze site usage, improve Bidwise’s content and product offerings, and customize Bidwise’s content, layout, and services;
  • to contact you and deliver information to you that, in some cases, is targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of themagickalcat.com;
  • to fulfill your requests for certain products and services;
  • for market research, project planning, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity, to enforce Bidwise’s Terms of Use, for other internal purposes, and as otherwise described to you at the time of collection; and
  • as otherwise set forth in this Privacy Policy.

You expressly agree to Bidwise’s use of your personally identifiable information as set forth in this Privacy Policy and the Terms of Use.

Disclosure of Personally Identifiable Information

Bidwise does not currently sell your personally identifiable information.  The following describes some of the ways that your personally identifiable information may be disclosed in the normal scope of business:

Advertisers

Bidwise may aggregate personally identifiable information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes.  For example, Bidwise may aggregate personally identifiable information and disclose it to network advertisers in a non-personally identifiable manner as set forth in the section entitled “Network Advertisers,” set forth below.  Bidwise does not disclose your information in a personally identifiable manner to such third party advertisers without your consent. 

External Service Providers

There are a number of separate services offered by third parties, including, without limitation, Bidwise’s affiliates, that Bidwise refers to as external service providers that may be complementary to your use of themagickalcat.com.  If you choose to use these separate services, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their privacy policy.  With your consent, Bidwise may provide some of your personal information to the external service provider offering such services, for your convenience.  To prevent Bidwise’s disclosure of your personally identifiable information to an external service provider, you can decline such consent or simply not use their services.  You should evaluate the practices of external services providers before deciding to use their services.

Internal Service Provider

Bidwise may use third parties that Bidwise refers to as internal service providers to facilitate or outsource one or more aspects of Bidwise’s business, product and service operations that Bidwise provides to you (e.g., technology, Forums, newsletters/alerts, analytical tools, advertising campaign management) and therefore Bidwise may provide some of your personal information directly to these internal service providers. In some instances, the internal service provider may collect information directly from you.  In these cases, you will be notified of the involvement of the internal service provider, and all additional information you provide them and their additional uses will be strictly up to you.  If you provide additional information to an internal service provider directly, then their use of your personally identifiable information is governed by their applicable privacy policy.

Notwithstanding the foregoing, Bidwise reserves the right (and you authorize Bidwise) to share or disclose your personally identifiable information when Bidwise determines, in its sole discretion, that the disclosure of your personally identifiable information is necessary to identify, contact, or bring legal action against you if:

  • you are or may be violating this Privacy Policy or Bidwise’s Terms of Use;
  • you are interfering with another’s rights or property, including, without limitation, Bidwise’s rights or property;
  • you are violating any applicable law, rule or regulation;
  • necessary or required by any applicable law, rule or regulation; and/or
  • requested by authorities in the event of any act of terrorism or instance of local, regional or national emergency.

Personally identifiable information and other personal information collected from you may also be transferred to a third party as a result of a sale, acquisition, merger, reorganization, other transfer or bankruptcy (a “Transfer”) involving Bidwise and/or its affiliates.  Bidwise specifically reserves the right to transfer personally identifiable information collected from themagickalcat.com, and any of its databases, together with any personally identifiable information contained therein, to a third party in connection with a Transfer, and nothing in this Privacy Policy is intended to interfere with the ability of Bidwise to transfer all or part of its business and/or assets (including themagickalcat.com) to an affiliate or independent third party at any time, for any purpose, without any limitation whatsoever.

In addition, due to the existing regulatory environment, Bidwise cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy.  By way of example (without limiting the foregoing), Bidwise may be forced to disclose personal information to the government or third parties under certain circumstances or third parties may unlawfully intercept or access transmissions or private communications.  Therefore, although Bidwise uses industry standard practices to protect your privacy, Bidwise does not promise, and you should not expect, that your personally identifiable information or private communications will always remain private.

Network Advertising

Bidwise may use third-party advertising companies for marketing, advertising and promotional purposes, as well as to serve advertisements to you.  Using third-party advertising companies helps us and third-party advertisers better determine which advertisements or content to serve to you.  For example, the third-party advertisers may use information regarding your visits to themagickalcat.com and other Web sites in order to provide advertisements about goods and services, that third party advertisers believe will be of interest to you. 

The types of information that may be collected by third-party advertising companies include the following: 

  • the type of Internet browser you use;
  • the type of computer operating system you use;
  • the domain name of a Web site you visit, as well as information related to Web sites and Web pages you are viewing when an advertisement is requested;
  • whether or not you visit specific pages of themagickalcat.com or other Web sites;
  • the location of your Internet service provider’s point of presence;
  • the date and time of a visit to a Web site;
  • search keywords passed from another server;
  • the number of times you have clicked on an advertisement; and
  • other interactions between you and a Web site.

Opt- Out and Changes to Personally Identifiable Information and Use Preferences

You may at any time request a copy of Bidwise’s record of your personally identifiable information, change your personally identifiable information or use preferences, or opt-out of Bidwise’s use of your personally identifiable information by contacting Bidwise via any of the methods set forth below:

Newsletters and CAN-SPAM Compliance

themagickalcat.com sends only verified, double-opt-in e-mail newsletters, specifically requested by Bidwise subscribers. Subscriptions to themagickalcat.com newsletters are verified by sending an e-mail confirmation to your e-mail address, which requires a positive response before an e-mail address is added to Bidwise’s list. themagickalcat.com is fully compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003.

Cookie technology

“Cookies” are alphanumeric identifiers in the form of text files that are inserted and stored by your Web browser on your computer’s hard drive. Bidwise, its external service providers, internal service providers, and third-party advertising companies, may set and access cookies on your computer to track and store preferential information about you.  Bidwise, and its external service providers, internal service providers, and third-party advertising companies gather anonymous information about you through cookie technology on an aggregate level only.  For example, a third-party advertising company may assign a cookie (and a Web beacon, described below) to you, to limit the amount of times you see a particular advertisement or to help better determine which advertisements to serve to you.  Please note that most Internet browsers will allow you to stop cookies from being stored on your computer and to delete cookies stored on your computer.

Web beacons

”Web beacons”, also called single-pixels (1×1) or clear GIFs, are electronic images that allow a Web site to access cookies and help track marketing campaigns and general usage patterns of visitors to those Web sites.  Web beacons can recognize certain types of information, such as cookie numbers, time and date of a page view, and a description of the page where the Web beacon is placed.  No personally identifiable information about you is shared with third parties through the use of Web beacons.  

Internal use of Web beacons

Bidwise may use Web beacons internally to count users and recognize users through cookies.  Access to cookies helps Bidwise personalize your experience when you visit themagickalcat.com. 

Email

Bidwise may include Web beacons in HTML-formatted email messages that Bidwise or its affiliates or agents send.  Including Web beacons in email messages helps Bidwise determine your interest in and the effectiveness of such emails.

External use of Web beacons

Bidwise may also use Web beacons externally.  For example, Bidwise may report aggregate information about themagickalcat.com users, such as demographic and usage information, to its partners and other third parties.  Bidwise may also include other company’s Web beacons within themagickalcat.com. 

Security

Personally identifiable information you submit to Bidwise is password-protected for your privacy and security. In certain areas Bidwise uses industry-standard SSL-encryption to protect data transmissions. In the unlikely event that an unauthorized third party compromises Bidwise security measures, Bidwise will not be responsible for any damages directly or indirectly caused by an unauthorized third party’s ability to view, use or disseminate such information.

Links to Other Web sites

themagickalcat.com may include links to other third party Web sites. Such links are not an endorsement by Bidwise of those Web sites and/or the products or services offered there. Third party Web sites may have different privacy policies and Bidwise is not responsible for the privacy practices of those third party Web sites. If you click on a link to a third party Web site, Bidwise encourages you to check the privacy policy of that Web site, as it may differ substantially from that of this Privacy Policy.

Access and Use of themagickalcat.com

themagickalcat.com is intended to be accessed and used only by adults and is not directed to children under the age of 18. Bidwise does not knowingly permit registration or submission of personally identifiable information by anyone under the age of 18.

Changes to this Privacy Policy

Bidwise reserves the right to update, amend and/or change this Privacy Policy at any time in its sole discretion and without notice. Updates to this Privacy Policy will be posted here. Any information Bidwise collects from you online is subject only to Bidwise’s most current Privacy Policy. You are encouraged to revisit this Privacy Policy from time to time in order to review any changes that have been made. Bidwise’s last update was November 28, 2006. Your continued access and use of themagickalcat.com following the posting of any such changes shall automatically be deemed your acceptance of the same.

Questions or Concerns

If you have questions, comments, concerns or feedback regarding this Privacy Policy, send an e-mail to [email protected]

Governing Law; Arbitration

This Privacy Policy is to be governed by and construed in accordance with the internal laws of the Commonwealth of Puerto Rico, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of, or relating to, this Privacy Policy shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association. You and Bidwise shall select the arbitrator, and if you and Bidwise are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator as a retainer for the arbitrator’s fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.

Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and Bidwise, and your and Bidwise’s respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or Bidwise be entitled to punitive, special, indirect or consequential damages, and both you and Bidwise hereby waive your rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.

Miscellaneous

If any portion of this Privacy Policy is deemed unlawful, void or unenforceable by any arbitrator, this Privacy Policy as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Privacy Policy that is unlawful, void or unenforceable shall be stricken from this Privacy Policy.

The headings contained in this Privacy Policy are for convenience of reference only, are not to be considered a part of this Privacy Policy, and shall not limit or otherwise affect in any way the meaning or interpretation of this Privacy Policy.

All covenants, agreements, representations and warranties made in this Privacy Policy, as may be amended by Bidwise from time to time, shall survive your acceptance of this Privacy Policy.

This Privacy Policy and the Terms of Use represent the entire understanding and agreement between you and Bidwise regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.

Special Notification for California Residents — Your California Privacy Rights

Individuals who are residents of California and have provided their personally identifiable information to us may request information regarding our disclosures, if any, of their personally identifiable information to third parties for direct marketing purposes. Such requests must be submitted to us at [email protected] or in writing at:

Bidwise, Inc.

165 Ponce de Leon Ave. STE 201. SAN JUAN, PR 00917

California privacy rights requests must include the reference “Request for California Privacy Information” on the subject line and in the body of the message and must include the email address or mailing address, as applicable, for us to send our response. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted other than to the address specified above.