Simbus Ltd. Privacy Policy

REVISION DATE: 2022-03-01 (MARCH 1, 2022)

SIMBUS LTD (HEREINAFTER “SIMBUS”, “WE”, OR “US”) WELCOMES YOU TO OUR ONLINE PRESENCE, OUR PRODUCTS, AND OUR SERVICES. WE THANK YOU FOR YOUR INTEREST IN OUR COMPANY AND OUR OFFERINGS.

By accessing or using https://simbus .com (“Website”), purchase products or services from us, or request a product license file, we appreciate that you are trusting us with information about yourself (“Personal Information”). We take your privacy very seriously. In this privacy policy, we seek to explain to you in the clearest way possible the Personal Information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy policy that you do not agree with, then please discontinue use of our Website and our services, and refrain from sending us requests for product license files.

This privacy policy applies to all Personal Information collected through our products and services (which, as described above, includes our Website), as well as, any related services, sales, marketing or events.

Please read this privacy policy carefully as it will help you understand what we do with the Personal Information that we collect.

1 PERSONAL INFORMATION WE COLLECT.

1.1 PERSONAL INFORMATION THAT YOU DISCLOSE TO US.

We collect Personal Information that you voluntarily provide to us when you express an interest in obtaining information about us or our products and Services, when you participate in activities on our Website, create requests for product license files or otherwise when you contact us. The Personal Information that we collect depends on the context of your interactions with us and our Website, the choices you make and the products and features you use. The Personal Information we collect may include the following:

Information that is provided by you,
Information that is automatically collected, and
Information that is collected from other sources.

These are described in sections 1.1.1-1.1.3.

1.1.1 PERSONAL INFORMATION PROVIDED BY YOU.

We collect names; phone numbers; email addresses; mailing addresses; job titles; and other similar information. All Personal Information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such Personal Information.

1.1.2 PERSONAL INFORMATION AUTOMATICALLY COLLECTED.

We automatically collect certain information when you visit, use or navigate our Website. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Website and other technical information. This information is primarily needed to maintain the security and operation of our Website, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies. The information we collect includes:

Log and Usage Data: Log and usage data is service-related, diagnostic, usage and performance information our servers automatically collect when you access or use our Website and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings and information about your activity in our Website (such as the date / time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports / crash dumps) and hardware settings); and
Device Data: We collect device data such as information about your computer, phone, tablet or other device you use to access our Website. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model Internet service provider and / or mobile carrier, operating system and system configuration information.

1.1.3 PERSONAL INFORMATION COLLECTED FROM OTHER SOURCES.

In order to enhance our ability to provide relevant marketing, offers and services to you and update our records, we may obtain information about you from other sources, such as public databases, joint marketing partners, affiliate programs, data providers, as well as from other third parties. This information includes mailing addresses, job titles, email addresses, phone numbers, intent data (or user behavior data), Internet Protocol (IP) addresses, social media profiles, social media URLs and custom profiles, for purposes of targeted advertising and event promotion.

2 HOW WE USE YOUR PERSONAL INFORMATION.

We use Personal Information collected via our Website for a variety of business purposes described below. We process your Personal Information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and / or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:

To issue and manage product licenses that you may have purchased. We use your information to generate license files for the product licenses that you have either purchased or have been issued to you for the purposes of a trial;
To post testimonials. We post testimonials on our Website that may contain Personal Information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at privacy@simbus.com and be sure to include your name, testimonial location, and contact information;
Request feedback. We may use your Personal Information to request feedback and to contact you about your use of our Website;
To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user’s consent;
To send administrative information to you. We may use your Personal Information to send you product, service and new feature information and / or information about changes to our terms, conditions, and policies;
To protect our products and services. We may use your information as part of our efforts to keep our Website safe and secure (for example, for fraud monitoring and prevention);
To enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with our contract;
To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond;
Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through our Website;
Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in our competitions;
To deliver and facilitate delivery of our products and services to you;
To respond to your inquiries, to offer support to you regarding our products and services;
To send you marketing and promotional communications. We and / or our third-party marketing partners may use the Personal Information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our Website, subscribing to marketing or otherwise contacting us, we will collect Personal Information from you. You can opt-out of our marketing emails at any time (see section 12);
Deliver targeted advertising to you. We may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and / or location and to measure its effectiveness; and
For other business purposes. We may use your information for other business purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Website, products, marketing and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include Personal Information. We will not use identifiable Personal Information without your consent.

3 SHARING YOUR INFORMATION WITH THIRD PARTIES.

We may process or share your data that we hold based on the following legal basis:

Consent: We may process your data if you have given us specific consent to use your Personal Information for a specific purpose;
Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests;
Performance of a Contract: Where we have entered into a contract with you, we may process your Personal Information to fulfill the terms of our contract;
Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements);
Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved;
Business Transfers: We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company;
Service Providers: We involve external service providers with tasks such as sales and marketing services, contract management, payment handling, programming, and data hosting. We may share or transfer your information to these service providers so that our business operations can continue. All service providers are obliged to maintain confidentiality and to comply with the statutory provisions.

4 COOKIES AND OTHER TRACKING TECHNOLOGIES.

4.1 SIMBUS USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in section 4.2.

4.2 YOUR CHOICE TO REMOVE OR REJECT COOKIES AND OTHER TRACKING TECHNOLOGIES.

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Website. To opt-out of interest-based advertising by advertisers on our Website please visit:

https://www.aboutads.info/choices/.

5 GOOGLE.

5.1 GOOGLE WEB FONTS.

This site uses so-called web fonts of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA for the uniform display of fonts. When you access a page, your browser loads the required web fonts into your browser cache to display texts and fonts correctly.

For this purpose, the browser you are using has to connect to the servers of Google. This informs Google that our Website was accessed via your IP address. The use of Google web fonts is in the interest of a uniform and appealing presentation of our Website.

Your computer will use a standard font if your browser does not support web fonts. For more information about Google web fonts please see:

https://developers.google.com/fonts/faq

and the privacy policy of Google:

https://policies.google.com/privacy.

6 SOCIAL PLUGINS.

We use social plugins of different social networks on our Website. These will be described individually in section 6.1 and in section 6.2.

On application of the plugins, your Internet browser will establish a direct connection to the servers of the respective social network. Hereby the relevant provider obtains the information that your Internet browser has called up the corresponding page on our Website, even if you do not possess a user account with the provider or are not currently logged in with the provider. Log files (including the IP address) are directly transmitted from your Internet browser to a server of the relevant provider where they are stored if necessary. The headquarters of the provider or their server could be located outside of your jurisdiction.

The plugins are independent extensions of the providers of social networks. Therefore, we have no influence on the extent of the data collected and stored by the social network providers via the plugins.

The purpose and extent of the collection, the further processing of the data by the social network as well as your associated rights and setting options for the protection of your private sphere can be taken from the data protection notice of the respective social network.

6.1 TWITTER PLUGINS.

Twitter is provided by Twitter Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA (“Twitter”). You will find an overview of the plugins from Twitter and their appearance here:

https://developer.twitter.com/.

You will find information on data protection at Twitter here:

https://twitter.com/privacy.

6.2 YOUTUBE.

This online offer uses the video platform YouTube, which is provided by Google LLC D/B/A YouTube, 901 Cherry Ave., San Bruno, CA 94066, USA (“YouTube”). YouTube is a platform which allows the playback of audio and video files.

If you access a corresponding page of our offer, the embedded YouTube player will establish a connection to YouTube so that the video or audio file can be transmitted and played. In the process, data are also transmitted to YouTube as the responsible body. We are not responsible for the processing of this data by YouTube.

Further information concerning the extent and purpose of the collected data, on the further processing and utilization of your data by YouTube, on your rights and on your selectable data protection options can be found in the Google privacy policy:

https://policies.google.com/privacy.

7 EXTERNAL LINKS.

Our Website may contain links to internet pages of third parties, in particular providers who are not related to us. Upon clicking on the link, we have no influence on the collecting, processing, and use of personal data possibly transmitted by clicking on the link to the third party (such as the IP address or the URL of the site on which the link is located) as the conduct of third parties is naturally beyond our control. We do not assume responsibility for the processing of personal data by third parties.

8 SECURITY.

Our employees and the companies providing services on our behalf, are obliged to confidentiality and to compliance with the applicable data protection laws. We take all necessary technical and organizational measures to ensure an appropriate level of security and to protect your data that are administrated by us especially from the risks of unintended or unlawful destruction, manipulation, loss, change, or unauthorized disclosure or unauthorized access. Our security measures are, pursuant to technological progress, constantly being improved.

9 INFORMATION RETENTION PERIODS.

We will only keep your Personal Information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements).

When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize such information, or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.

10 HOW WE KEEP YOUR INFORMATION SAFE.

We have implemented appropriate technical and organizational security measures designed to protect the security of any Personal Information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your Personal Information, transmission of Personal Information to and from our Website is at your own risk. You should only access our Website within a secure environment.

11 CHILDREN / MINORS.

We do not knowingly solicit data from or market to children under 18 years of age. By using our Website, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of our Website. If we learn that Personal Information from users less than 18 years of age has been collected, we will deactivate their accounts from our systems take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at privacy@simbus.com.

12 YOUR PRIVACY RIGHTS.

12.1 SPECIFIC PRIVACY RIGHTS FOR RESIDENTS OF THE EUROPEAN UNION, EUROPEAN ECONOMIC AREA, AND SWITZERLAND.

If you are a resident of the European Union (EU), European Economic Area (EEA), or Switzerland, you have certain rights under applicable data protection laws. These include:

The right to request access and obtain a copy of your Personal Information,
The right to request rectification or erasure,
The right to restrict the processing of your Personal Information, and if applicable
The right to data portability.

In certain circumstances, you may also have the right to object to the processing of your Personal Information. To make such a request, please email us at privacy@simbus.com. We will consider and act upon any request in accordance with applicable data protection laws.

If we are relying on your consent to process your Personal Information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.

If you are a resident of the EU or EEA and you believe we are unlawfully processing your Personal Information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here:

http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you are a resident of Switzerland, the contact details for the data protection authorities are available here:

https://www.edoeb.admin.ch/edoeb/en/home.html.

12.2 SPECIFIC PRIVACY RIGHTS FOR RESIDENTS OF THE UNITED KINGDOM.

Residents of the UK have the same privacy rights as those of the EU and EEA (see section 12.1). Since the end of transition period following the departure of the UK from the EU, the EU / EEA privacy legislation has been adopted into UK law. For more information please follow the link below:

https://www.gov.uk/guidance/using-personal-data-in-your-business-or-other-organisation.

12.3 SPECIFIC PRIVACY RIGHTS FOR RESIDENTS OF CANADA.

Individuals located in Canada have certain rights pursuant to Canadian Privacy Laws. Subject to certain exceptions and limitations, and depending upon the jurisdiction where you reside, such rights may include:

The right to withdraw your consent to the collection, use or disclosure of your Personal Information;
The right to be informed of the existence, use, and disclosure of your Personal Information, and to be provided with an account of the use that has been made or is being made of this information as well as the third parties to which it has been disclosed (including a list of organizations to which your information may have disclosed);
The right to challenge the accuracy and completeness of your Personal Information, and have it amended, updated or rectified as appropriate;
The right to acquire information about Simbus policies and practices with respect to Personal Information, including: a description of the type of Personal Information held by Simbus and a general account of its use; a copy of any brochures or other information that explain our policies, standards, or codes; and information about what Personal Information is shared with or accessible to our affiliates; and
The right to challenge Simbus’ compliance with the applicable Canadian privacy laws.

13 SPECIFIC PRIVACY RIGHTS FOR RESIDENTS OF CALIFORNIA.

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of Personal Information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared Personal Information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with our Website, you have the right to request removal of unwanted data that you publicly post on our Website. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on our Website, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).

13.1 CCPA PRIVACY NOTICE.

The California Code of Regulations defines a “resident” as:

Every individual who is in the State of California for other than a temporary or transitory purpose and
Every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose.

All other individuals are defined as “non-residents”. If this definition of “resident” applies to you, we must adhere to certain rights and obligations regarding your Personal Information.

13.2 CCPA DISCLOSURE OF COLLECTED PERSONAL INFORMATION.

We have collected the following categories of Personal Information in the past 12 months:

Category and sources of information	Examples	Collected?	How we use it	How we share it
A. Identifiers	Real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers	Yes	To enable use of our sites, services, and products, to communicate with you, to understand how our users interact with our sites, and to improve our offerings.	We share this data with our service providers and with business partners, including those whom you instruct us to send this information.
B. Personal Information under Cal. Civ. Code § 1798.80(e)	Name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.	Yes	To enable use of our sites, services, and products, to communicate with you, to understand how our users interact with our sites, and to improve our offerings. To verify applicability of certain discounts available to segments of our markets.	We share this data with our service providers and with business partners, including those whom you instruct us to send this information.
C. Protected Classifications	Race, religion, sexual orientation, gender identity, gender expression, age	No	Not applicable	Not applicable
D. Commercial Information	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	No	Not applicable	Not applicable
E. Biometric information	Fingerprint, retina, or iris image, used to authenticate a specific individual	No	Not applicable	Not applicable
F. Internet or other similar network activity	Browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement	Yes	To enable use of our sites, services, and products, to communicate with you, to understand how our users interact with our sites, and to improve our offerings.	We share this data with our service providers and with business partners, including those to whom you instruct us to send this information.
G. Geolocation data	Device location	No	Not applicable	Not applicable
H. Sensory data	Audio, electronic, visual, thermal, olfactory, or similar information	No	Not applicable	Not applicable
I. Professional or employment-related information	Current or past job history	No	Not applicable	Not applicable
J. Education information per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)	Student records and directory information	Yes	To verify applicability of certain discounts available to segments of our markets.	We do not share this information
K. Inferences drawn from the above information	Creation of a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	Yes	To enable use of our sites, services, and products, to communicate with you, to understand how our users interact with our sites, and to improve our offerings.	We share this data with our service providers and with business partners.

We may also collect other Personal Information outside of these categories instances where you interact with us in-person, online, or by phone or mail in the context of:

Receiving help through our customer support channels,
Participation in customer surveys or contests, and
Facilitation in the delivery of our Services and to respond to your inquiries.

13.3 HOW WE SHARE AND USE YOUR PERSONAL INFORMATION.

More information about our data collection and sharing practices can be found in this privacy policy. You may contact us by email at privacy@simbus.com.

If you are a resident of California and you are using an authorized agent to exercise your right to opt-out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

13.4 SHARING YOUR INFORMATION WITH THIRD PARTIES.

We may disclose your Personal Information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf.

We may use your Personal Information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be “selling” of your personal data.

Simbus has not disclosed or sold any Personal Information to third parties for a business or commercial purpose in the preceding 12 months. Simbus will not sell Personal Information in the future belonging to our Website visitors, users, and other consumers.

13.5 YOUR RIGHTS WITH RESPECT TO YOUR PERSONAL DATA.

13.5.1 RIGHT TO REQUEST DELETION OF THE DATA – REQUEST TO DELETE.

You can ask for the deletion of your Personal Information. If you ask us to delete your Personal Information, we will respect your request and delete your Personal Information, subject to certain exceptions provided by law, such as our compliance requirements resulting from a legal obligation or any processing that may be required to protect against illegal activities.

13.5.2 RIGHT TO BE INFORMED – REQUEST TO KNOW.

Depending on the circumstances, you have a right to know:

Whether we collect and use your Personal Information,
The categories of Personal Information that we collect,
The purposes for which the collected Personal Information is used,
Whether we sell your Personal Information to third parties,
The categories of Personal Information that we sold or disclosed for a business purpose,
The categories of third parties to whom the Personal Information was sold or disclosed for a business purpose, and
The business or commercial purpose for collecting or selling Personal Information.

In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.

13.5.3 RIGHT TO NON-DISCRIMINATION FOR THE EXERCISE OF A CONSUMER’S PRIVACY RIGHTS.

We will not discriminate against you if you exercise your privacy rights.

13.5.4 VERIFICATION PROCESS.

Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.

We will only use Personal Information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If, however, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

13.5.5 OTHER PRIVACY RIGHTS.

You may object to the processing of your personal data;
You may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the data;
You may designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA;
You request to opt-out from future selling of your Personal Information to third parties. Upon receiving a request to opt-out, we will act upon the request as soon as feasibly possible, but no later than 15 days from the date of the request submission.

To exercise these rights, you can contact us by email at privacy@simbus.com. If you have a complaint about how we handle your data, we would like to hear from you.

14 CONTROLS FOR DO-NOT-TRACK FEATURES.

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (DNT) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy policy.

15 UPDATES TO THIS PRIVACY POLICY.

We may update this privacy policy from time to time. The updated version will be indicated by an updated “Revision Date” and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.

16 CONTACTING US ABOUT THIS POLICY.

If you have questions or comments about this privacy policy, you may email us at privacy@simbus.com.

17 REVIEWING, UPDATING, OR DELETING YOUR PERSONAL INFORMATION.

Based on the applicable laws of your country, you may have the right to request access to the Personal Information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your Personal Information, please contact us by email at privacy@simbus.com. We will respond to your request within 30 days.

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