Privacy|Let us know if you have questions|THEMAGIC5



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.

When do we collect information?

We collect information 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.

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, creating images from which we will generate your custom product. We may also ask you to place a credit card or driver’s license on one or more of the images. The credit card or driver’s license will only be used for size determination in creating the specs of your image. No substantive information 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 allowed 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.


During the scanning process TheMagic5 will use the camera to identify the structure of your face. This, along with some 2D representations, will be used to create a 3D model, that in turn will be used to create your goggle. If you are using an iPhone with a TrueDepth camera, the TrueDepth camera will be used to capture the structure of your face. The data will be stored via Amazon Web Services. TheMagic5 uses this data to create your product. Only information needed and relevant to the development and production of your custom made swimming goggles will be collected. If you order a pair of goggles, the data will be kept for 5 years from your last order to ensure that we can deliver future goggles to you. If you do not become a customer, scan related data will be deleted within 14 days, and you can at any time ask (, to get all your PII's deleted.

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

Other data you intentionally share.

We may collect your 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.

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 does use third party services that may collect information used to identify you. Link to privacy policy of third party service providers used by the app:

- Firebase Analytics (

- Facebook (

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 may use the 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 information for internal purposes designed to keep our services secure and operational, such as for troubleshooting and testing purposes, and 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 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 personal information 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 your personal 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 allow) that enables 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. They 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 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 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, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. 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's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users.

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 ; 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 only with the involvement of a parent or guardian.

Fair Information Practices

In order to be in line 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


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.

To be in accordance with CANSPAM, 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 and we will promptly remove you from ALL correspondence.

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.
6123 Providence Glen Road Charlotte, NC 28270