Magic Inc.'s Privacy Policy

Magic, Inc. ("Magic," "we," "our," or "us") is committed to respecting and protecting your privacy. This Privacy Policy applies to the Magic website, getmagic.com and getmagicnow.com, and our mobile service (collectively, our "Service"), and describes how we collect, protect, use and share information gathered about you on our websites. By using our Service, you agree to the terms of this Privacy Policy, our Terms of Use, and our Acceptable Use Policy.

Capitalized terms that are not defined in this Privacy Policy have the meaning given them in our Terms of Use.

1. INFORMATION WE COLLECT

Categories of personal information we collect can include:

  • Information you provide to us directly. Magic collects personally identifiable information on the Service when you interact with us, such as when you engage with the Magic Service through your mobile device or interact with our website. The personal information we collect may include your name, mobile number, mailing address, email address, date of birth, and any other information necessary to fulfill your request. You should feel free to decline to provide any information that we request, however, please note that doing so may make it impossible for Magic to fulfill your request. We use the information that we collect to provide the products or services that you request, to improve and customize our Service, and to contact you about special promotions and new products. We also receive personally identifiable information when you apply for a job in the "employment" section of the website. Any such information gathered through that section will be used solely to evaluate whether your background and experience make you a candidate for a career with Magic.
  • Information We Collect from Third Parties. We may collect information about you from the parties and services that we engage to provide your requests. We may also collect information about you from third party services and from publicly available sources. For example, we may receive information about you when you interact with our site through various social media, for example, by liking us on Facebook or following us on Twitter or by logging in to our service through Facebook, Twitter or any other third party login. The data we receive is dependent upon your privacy settings with the social network. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to our website.

2. HOW WE USE COOKIES AND OTHER TRACKING TECHNOLOGY TO COLLECT INFORMATION

Pixel Tags and Cookies

We and our third party partners may automatically collect certain types of usage information when you visit our website or use our Service. For instance, when you visit our website, we may send one or more cookies—a small text file containing a string of alphanumeric characters—to your computer that uniquely identifies your browser and lets us enhance your navigation through the site. A cookie may also convey information to us about how you use our website (e.g., the pages you view, the links you click, how frequently you access our website, and other actions you take on our website), and allow us to track your usage of the Service over time. We may collect log file information about your browser or mobile device each time you access the Service. Log file information may include anonymous information such as your web request, Internet Protocol ("IP") address, browser type, information about your mobile device, referring / exit pages and URLs, number of clicks and how you interact with links on our website, domain names, landing pages, pages viewed, and other such information. The information allows for more accurate reporting and improvement of our website.

We also use an email delivery and marketing company to send emails. Pixel tags and cookies are used in those email messages and at our website to help us measure the effectiveness of our marketing and how visitors use our site. Pixel tags (sometimes also called "clear GIFs") are small graphic files, invisible to the human eye, which allow websites or other online services to track users. Magic and our third-party advertising company use pixel tags in HTML-enabled email to track whether (and when) the recipient opened the message.

We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for our website. These tools collect information sent by your browser or mobile device, including the pages you visit, your use of third party applications, and other information that assists us in analyzing and improving our website. When you access our website by or through a mobile device, we may receive or collect and store a unique identification number associated with your device (for example, a UDID, IDFA, Google Advertising ID or similar), mobile carrier, device type and manufacturer, and phone number.

We may use the data collected through cookies, log file, device identifiers, location data and pixel tags to: (a) remember information so that you will not have to re-enter it the next time you use our Service; (b) provide custom, personalized content and information, including advertising; (c) provide and monitor the effectiveness of our website and our email communications; (d) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website; (e) diagnose or fix technology problems; and (f) otherwise to plan for and enhance our website. The information we collect through these tracking technologies may be linked to the Personal Information you have chosen to share with us when you register.

Third Party Tracking and Online Advertising

We permit third party online advertising networks to collect information about your use of our website over time so that they may play or display ads that may be relevant to your interests on our website as well as on other websites or services. Typically, the information is collected through cookies or similar tracking technologies. You may "opt out" of the collection of any information through cookies or other tracking technology by managing the preferences or settings on your browser or mobile device. However, if you decide not to accept our cookies, your ability to use some features on our site may be impaired. Please refer to your browser's or mobile device's technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. (To learn more about cookies, clear gifs/web beacons and related technologies and how you may opt-out of some of this tracking, you may wish to visit http://www.allaboutcookies.org and/or the Network Advertising Initiative's online resources, at http://www.networkadvertising.org). We are not able to respond to Do Not Track signals sent by your browser at this time. Depending on your mobile device, you may not be able to control tracking technologies through settings. If you have any questions about opting out of the collection of cookies and other tracking/recording tools, you can contact us directly at [email protected].

3. SHARING OF YOUR INFORMATION

We may share your personal information in the instances described below. For further information on your choices regarding your information, see the "Your Choices About Your Information" section below.

We may share your personal information with:

  • With our representatives in order to perform your requested service. Each of our Representatives is required to abide by a confidentiality agreement with regard to your requested services.
  • Third-party vendors and other service providers as needed to fulfil your request, such as retail merchants, restaurants and delivery companies;
  • Third-party vendors and other service providers that perform services on our behalf, as needed to carry out their work for us, which may include identifying and serving targeted advertisements, billing, payment processing, hosting, and record-keeping services. Magic uses Stripe to process payments and does not store your payment information or process payments. However, your information, including payment information, may be stored by third parties that transmit or process this data on our behalf, including Stripe and Twilio, which transmits text messages on our behalf. This Privacy Policy does not govern the data practices of our third party service providers.
  • Other companies whose products or services may be of interest to you;
  • Other parties in connection with any company transaction, such as a merger, sale of all or a portion of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of bankruptcy or related or similar proceedings; and
  • Third parties as required by law or subpoena or, if we reasonably believe that such action is necessary, to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Use or to protect the security, integrity, or reputation of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of Magic, our Users, or others.

We may also aggregate or otherwise strip data of all personally identifying characteristics and may share that aggregated, anonymized data with third parties.

4. YOUR CHOICES ABOUT YOUR INFORMATION

How to Control Your Communication Preferences

You can stop receiving promotional email communications from us by clicking on the "unsubscribe link" provided in such communications. We make every effort to promptly process all unsubscribe requests. You may not opt out of Service-related communications (e.g., information about your orders, changes/updates to our products or features of the Service, technical and security notices). If you want to opt-out of having your information shared with third parties for marketing purposes, you may contact us directly at [email protected].

By providing your mobile phone number to request our Service, you consent to receive SMS messages from Magic and you are responsible for all messaging and data charges that may apply. You can opt-out of receiving SMS messages by texting "STOP" at any time in response to a SMS communication. For assistance, text "HELP" at any time.

Modifying or Deleting Your Information

If you have any questions about reviewing, modifying or deleting your information, you can contact us directly at [email protected]. Magic may retain your information for a commercially reasonable time for backup, archival, or audit purposes.

5. HOW WE STORE AND PROTECT YOUR INFORMATION

Storage and Processing

Your information collected through our website may be stored and processed in the United States or any other country in which Magic or its subsidiaries, affiliates or service providers maintain facilities. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which Magic or its parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

Keeping Your Information Safe

Magic cares about the security of your information, and uses commercially reasonable physical, administrative, and technological safeguards to preserve the integrity and security of all information collected through our website. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, Magic will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

6. CHILDREN'S PRIVACY

Magic does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register as Users. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under 13, please contact us at [email protected].

7. THIRD PARTY WEB SITES AND SERVICES

In order to provide our Service, it is necessary for us to share your information with third parties (such as restaurants, travel agencies, retail merchants, etc) who help us provide our Services to you. Because of the magic nature of our Service, you may not know the identity of the third party vendor or service provider we share your personal information with in order to fulfil your request until your request has been fulfilled. We do our best to work with only reputable service providers, but we are not responsible for the data collection and use practices of these third party services. By electing to use our Service, you agree that we may share your personal information with these service providers for the purpose of fulfilling your request.

Our website may integrate with or contain links to other third party sites and services. We are not responsible for the practices employed by third party websites or services embedded in, linked to, or linked from our website and your interactions with any third-party website or service are subject to that third party's own rules and policies.

8. PRIVACY AND CHANGE OF CONTROL

In the event Magic goes through a business transition, such as a merger, reorganization, financing, change of control, or acquisition or sale of all or a portion of our business, we may transfer your personal information as part of the transaction.

9. CHANGES TO OUR PRIVACY POLICY

By using our Service, you consent to the collection, use and storage of your information by us in the manner described in this Privacy Policy. We reserve the right to make changes to this Privacy Policy from time to time. If this Privacy Policy changes in any way, we will place an updated version on this page. Regularly reviewing this page ensures that you are always aware of what information we collect, how we use it and under what circumstances, if any, we will share it with other parties.

Your Comments Are Appreciated

If you have any questions or comments regarding our privacy policy or our website, you can send us an email at [email protected].

This Privacy Policy was last updated on October 7, 2016.