Privacy policy

 

PRIVACY - LET US KNOW IF YOU HAVE ANY QUESTIONS

This privacy policy has been compiled to better serve those who are concerned with how their “Personally Identifiable Information” (PII) is being used online. PII, as described in U.S. privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our Privacy Policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

In addition to PII, we also collect “Biometric Information” (BI) from many of our customers to provide them with a better customized product.  Please review our complete privacy policy to understand how we obtain consent, collect, store, utilize, and delete BI collected from our customers.

When do we collect information?

We collect PII from you when you register on our site or in-app, place an order, subscribe to a newsletter, respond to a survey, fill out a form or enter information on our site.

What personal information do we collect from the people that visit our blog, website or app?

When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number or other details to help you with your experience.

When using our app, we may also collect BI, when possible and available, to provide customers with a better customized product. Customer consent and approval is required on the app prior to the collection of a customer’s BI and scan data.  

Text marketing: With your permission, we may send text messages about our store, new products, and other updates. Updates include Checkout Reminders. Webhooks will be used to trigger the Checkout Reminders messaging system.

Registration information

When you buy the product on our website, we prompt you to download our app. The app will collect a scan of the end user’s face and BI, creating images from which we will generate your custom product. We may also ask you to place a card with the size of a credit card or driver’s license on one of the images. This card will only be used for size determination in creating the specs of your image. No substantive information or PII will be collected from the cards or licenses. We may also collect your email address and your mailing address for delivery. If you choose to register by using a third-party account such as Google or Facebook, we use the information you have authorized us to collect from those third parties to facilitate the account creation and login process.

Billing information.

If you make a payment to TheMagic5, we require you to provide your billing details, such as a name, address, email address and financial information corresponding to your selected method of payment. If you provide a billing address, we will regard that as the location of the account holder.

Scan

Prior to scanning, the customer must first consent/approve to the collection of their BI and scan data.  During the scanning process on the app, TheMagic5 will use the device camera to identify the structure of your face. This BI, along with some 2D representations, will be used to create a 3D model, that in turn will be used to create your goggles. If you are using an iPhone with a TrueDepth camera, the TrueDepth camera will be used to capture the structure of your face. The BI data collected from you will be stored via Amazon Web Services.

TheMagic5 uses this BI data to create your product. Only BI information and images necessary to the development and production of your custom-made swimming goggles will be collected and stored. If you order a pair of goggles, the BI data will be kept for 3 years from your last order to ensure that we can deliver future goggles to you. If you do not become a customer, scans containing BI data will be deleted within 24 hours.  At any time, customers can request via email to have all BI scans or PII records deleted from data servers at (contact@themagic5.com).

Unless required by law or a court order We DO NOT collect any of the following sensitive data: race or ethnic origin, political affiliation, religious or philosophical beliefs, trade union memberships, sex preferences, sexual orientation, genetic information, health information, or mortality data.

Other data you intentionally share.

We may collect additional personal information or data if you submit it to us in other contexts (for example, if you provide us with a testimonial, or participate in a TheMagic5 contest).

Non-personally identifiable information.

Non-personally identifiable information is information that does not identify any person, collected indirectly or passively when you interact with us.

Usage and session data on the website and app. 

We collect session and usage data when you interact with our services. This may include information relating to the connection request, server communication, and data sharing, including: network measurements; quality of service; time and date of the use of the Website; and upon your consent, your location.

The app uses third-party services that may collect information used to identify you. Links to privacy policy of third-party service providers used by the app:

- Firebase Analytics (https://firebase.google.com/policies/analytics)

- Facebook (https://www.facebook.com/about/privacy)

The app used for assuring the GDPR,  LGPD,  CCPA-CPRA,  VCDPA,  CPA,  CTDPA,  APPI,  PIPEDA compliance of this site, collects your IP and the email address in order to process the data. For more check Privacy Policy & Terms of Service. To read about US Laws Compliance: Click here. To read about GDPR Compliance: Click Here. Lastly, to read about APPI compliance, Click here

Log data.

Like most websites today, our web servers keep log files that record data each time a device accesses those servers. The log files contain data about the nature of each access, including the date and time, originating IP addresses, internet service providers, the files viewed on our site (e.g., HTML pages, graphics, etc.), data from the device and application used to access our services, such as the IP address, operating system version, device type, system and performance information, and browser type. We may also infer your geographic location based on your IP address.

Referral data.

If you arrive at a TheMagic5 website from an external source (such as a link on another website or in an email), we record information about the source that referred you to us.

Information from third parties.

We may collect your personal information or data from third parties if you give permission to those third parties to share your information with us.

Information from page tags. We use third party tracking services that employ cookies and page tags (also known as web beacons) to collect aggregated and anonymized data about visitors to our websites. This data includes usage and user statistics. Emails sent by TheMagic5 or by users through our services may include page tags that allow the sender to collect information about who opened those emails and clicked on links in them. We do this to allow the email sender to measure the performance of their email messaging and to learn how to improve email deliverability and open rates.

How do we use your information?

We will use your scans and BI data to make, produce, and improve our specialized products for our customers.  Your BI will not be used, shared, sold, stored or accessed by any third-party without consent from the customer.   

We may also use the PII and Non-PII information we collect from you when you register, make a purchase, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

To provide you with our products.

To manage our services, to monitor, maintain, and improve our products and features.

To perform internal analysis on the information we collect, including usage data, device data, referral data, questions and responses and information from page tags, to analyze and measure user behavior and trends, to understand how people use our services, and to monitor, troubleshoot and improve our services. This helps us evaluate and design new features.

We may use your PII and Non-PII for internal purposes designed to keep our services secure and operational, such as:

Troubleshooting and testing purposes, for service improvement, marketing, research and development purposes.

To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.

To improve our website in order to better serve you.

To allow us to better service you in responding to your customer service requests.

To administer contests, promotions, surveys or other site features.

To quickly process your transactions.

To ask for ratings and reviews of our services, and to follow up with them after correspondence (live chat, email or phone inquiries).

We do not use your BI or PII data to make automated decisions.

How do we protect your information?

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

We use regular Malware Scanning.

Your PII is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user places an order, enters, submits, or accesses their information to maintain the safety of the PII or BI information.

All transactions are processed through a gateway provider and are not stored or processed on our servers.

Do we use 'cookies'?

Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you consent and have enabled) that allows the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. Cookies are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We use cookies to:

Understand and save user's preferences for future visits.

Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since each browser is different, look at your browser's Help Menu to learn the correct way to modify your cookies.

If you turn cookies off, some features will be disabled, however, you will still be able to place orders.

Third-party disclosure.

We do not sell, trade, or transfer, or allow access to Biometric Information by any third parties.

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release PII information when its release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third-party links.

Occasionally, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies for customer review. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Google.

Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en

We may use Google AdSense Advertising on our website.

Google, as a third-party vendor, uses cookies to serve ads on our site. Google's use of the DART cookie enables it to serve ads to our users based on previous visits to our site and other sites on the Internet. Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy.

We have implemented the following:

Remarketing with Google AdSense
Google Display Network Impression Reporting Demographics and Interests Reporting DoubleClick Platform Integration

We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data

Regarding user interactions with ad impressions and other ad service functions as they relate to our website.

Opting out:

Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.

California Online Privacy Protection Act (CalOPPA) Notice

In accordance with CalOPPA:

Users can visit our site anonymously. Please visit our Privacy Policy regularly to follow any updates to the Policy. You may change your personal information at any time, by either:

Emailing us at contact@TheMagic5.com ; OR Logging in to your account

We honor Do Not Track signals and we do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place. We allow third-party behavioral tracking.

COPPA (Children Online Privacy Protection Act) Notice

TheMagic5 does not sell products or market services for purchase by children. If you are under 13, you may use TheMagic5.com only with the involvement of a parent or guardian.

Illinois Biometric Information Privacy Act (BIPA) Notice

Customers must provide consent for the collection of Biometric Information taken on the device app. TheMagic5 collects and stores Biometric Identifying Information for the purpose of creating specialized products for its customers. The BI data for that purpose will be destroyed three years after the last transaction of a customer. Customers may request their information and data be destroyed at any time via email at: contact@TheMagic5.com.

Fair Information Practices

In accordance with Fair Information Practices, as set forth by the U.S. Federal Trade Commission, we will take the following responsive action, should a data breach occur:

We will notify you via email within 7 business days
We will notify the users via in-site notification within 7 business days

 

CAN-SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

Send information, respond to inquiries, and/or other requests or questions

Process orders and to send information and updates pertaining to orders.

Send you additional information related to your product

Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

In accordance with CAN-SPAM, we agree to the following:
Not use false or misleading subjects or email addresses.
Identify the message as an advertisement in some reasonable way. Include the physical address of our business or site headquarters.
Monitor third-party email marketing services for compliance, if one is used. Honor opt-out/unsubscribe requests quickly.

Allow users to unsubscribe by using the link at the bottom of each email. If at any time you would like to unsubscribe from receiving future emails, you can email us at contact@themagic5.com and we will promptly remove you from ALL correspondence.

TEXT MARKETING AND NOTIFICATIONS 

By subscribing to text notifications, you agree to receive recurring automated marketing messages at the phone number provided. Consent is not a condition of purchase. Reply STOP to unsubscribe. HELP for help. Msg & Data rates may apply. 

Contacting Us.

If there are any questions regarding this Privacy Policy, or if you would like to request access to your data, you may contact us using the information below.

TheMagic5, Inc.
160 Van Brunt St, Suite 2

Brooklyn, NY, 11231, USA

email: contact@themagic5.com