Last Modified: August 16, 2022
Introduction
Magik Flame, LLC (“MagikFlame”,” we”, “our”, or “us”) respects your privacy and are committed to protecting it through our compliance with this Privacy Policy (“Policy”).
This Policy describes our practices for collecting, using, maintaining, protecting, and disclosing your information through https://magikflame.com/ (our “Website”), mobile application (“App”) software, and associated platforms (together with the Website, the “Service” or “Services”).
A core element of our mission is our commitment to protect your personal information and to be transparent about the data we collect about you, how it is used, and with whom it is shared.
Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our terms, your choice is not to use our Services. By accessing or using this Website, you agree to this Privacy Policy. This Policy may change from time to time (see Changes to Our Privacy Policy). Your continued access of our Website or use of our Services after we make changes is deemed to be acceptance of those changes, so please check the Last Modified Date at the top of this Policy, to ensure that you are viewing the most current version of this Policy.
Children’s Privacy
The Service is general audience and intended for users 18 and older. We do not knowingly collect Personal Information from anyone younger than age 18.
Information We Collect About You And How We Collect It
We collect several types of information from you and about users of our Services, such as name and contact information when you sign up for or order our Services. Other types of information we collect is information related to how you use our Website, which helps us improve our Services.
Information You Provide to Us or Received by Us on Your Behalf
The categories of information we collect are:
- Personal Information: In the course of registering on our Website, filling out a contact form, and using our Services, we may require or otherwise collect information that identifies you as a specific individual and can be used to contact or identify you (“Personal Information”). Examples of Personal Information we collect for these purposes include your name, email address, personal address, mailing address, and phone number.
- Payment Information: We may also collect your payment information, such as credit card or debit card number, billing address, and other financial information necessary to purchase or otherwise use our Services. By submitting your Payment Information, you consent to our providing your Payment Information to those Authorized Third-Party Service Providers as are reasonably necessary to support and process your transactions as well as your credit card issuer and banking institution.
- Transaction Information: We collect commercial information and information related to your transactions with us, including your purchase, return, and exchange history.
- Non-Identifying Information: We also may collect non-identifying or non-personal information, such as zip codes, demographic data, time zone, publicly available data, and general information regarding your use of the Service (“Non-Identifying Information”).
- User Contributions: You may have the ability to interact with parts of our Website, such as the ability to chat with us using the chat widget on our website, call our technical support line, post public comments or upload images. Your feedback may be published or displayed on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions“). Your User Contributions are posted on and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed or accessed by unauthorized persons. Use precaution when posting any personal information online. Please review our Terms of Use for more information about our user guidelines.
- Customer Service and Call Tracking
- In the event that You call MagikFlame to solicit customer care, You agree and acknowledge that MagikFlame may monitor and record the customer service call for quality control, training, and compliance purposes. MagikFlame may monitor the quality of phone calls, message traffic, voicemail and call recordings. Personal data collected in the course of recording activities will be processed fairly and lawfully in accordance with data protection law and shall be: adequate, relevant and not excessive, used for the purpose(s) stated in this policy only and not used for any other purposes, accessible only to managerial staff, treated confidentially, stored securely, not kept for longer than necessary and will be securely destroyed once the issue(s) in question have been resolved.
- Customer Service and Call Tracking
When you provide us with information in connection with a particular activity or otherwise sign up for or order our products and Services or provide your contact information to us, including your email address or telephone number in connection with that activity, product or service, you agree that such action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to receiving communications from MagikFlame through the information you provided to us. For more information on how to access and control your communication preferences, please see YOUR RIGHTS AND CHOICES REGARDING YOUR INFORMATION, below.
Information Collected Automatically
As you navigate through and interact with our Website, We and our third-party service providers, including analytics and third-party content providers, may automatically collect certain information from you whenever you access or interact with the Service.
- Usage Information. Details of your visits to our Website, including which links you clicked on, content response times, location data, logs, and other similar communication data and statistics about your interactions.
- Device Information. Information about your mobile device, computer and internet connection, including your mobile device location, Internet Protocol address, operating system, and browser type.
We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, analytics, and site functionality.
Cookies and Other Automatic Data Collection Technologies
MagikFlame and its partners use cookies or similar technologies, which store certain information on your computer and allows us to, among other things, analyze trends, administer the Website, and to gather demographic information about our user base as a whole. The technology used to collect information automatically from MagikFlame Users may include the following:
- Cookies: Like many websites, we and our operational partners, affiliates, analytics, and service providers use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We use both persistent cookies that remain on your computer or similar device (such as to save your registration ID and login password for future logins to the Service and to track your compliance with the MagikFlame Terms of Use) and session ID cookies, which expire at the end of your browser session (for example, to enable certain features of the Service, to better understand how MagikFlame Users interact with the Service and to monitor aggregate usage by MagikFlame Users and web traffic routing on the Service). You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functionality of the Service.
- Web Beacons: We and our operational partners, affiliates, analytics, and service providers may also employ software technology known as “web beacons” and/or “tracking tags” to help us keep track of what content on our Service is effective and to serve relevant advertising to you. Web beacons are small graphics with a unique identifier that may be invisible to you, and which are used to track the online activity of Internet users. Web beacons are embedded in the web pages you review or email messages you receive. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to our Service, to monitor how MagikFlame Users navigate the Service, to count how many emails that were sent were actually opened, or to count how many particular articles or links were actually viewed. This is a normal practice used with many websites, in general, and is not limited to MagikFlame. We are not tracking your computer activity not related to our site or your computer activity in general.
- Embedded Scripts: We and our operational partners, affiliates, analytics, and service providers may also employ software technology known as an Embedded Script. An Embedded Script is programming code that is designed to collect information about your interactions with the Service, such as the links you click on. The code is temporarily downloaded onto your computer or other device and is deactivated or deleted when you disconnect from the Service. This is a normal practice used with many websites, in general, and is not limited to MagikFlame. We are not tracking your computer activity not related to our site or your computer activity in general.
Third-Party Cookies
MagikFlame uses third-party vendor tracking cookies, pixels, and other technologies such as Google Analytics, Google Adwords, and Facebook Pixel to collect data about your activities when you visit our website, the website of entities for which we serve advertisements, or the websites and online services where we display advertisements. This information may include the content you view, the date and time that you view this content, the products you purchase, or your location information associated with your IP address. We use the information we collect to serve you more relevant advertisements (sometimes referred to as “Retargeting” or “Remarketing”). We collect information about where you saw the ads we serve you and what ads you clicked on to measure the success of our advertising campaigns.
You can generally opt-out of receiving personalized ads from third-party advertisers and ad networks who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising (DAA) by visiting the opt-out pages on the NAI website (http://optout.networkadvertising.org) and DAA website (http://www.aboutads.info/choices/).
Google Analytics
Google Analytics collects information such as how often users visit this site, what pages they visit when they do so, and what other sites they used prior to coming to this site. We use the information we get from Google Analytics only to improve this site. Google Analytics collects only the IP address assigned to you on the date you visit this site, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use (as amended for government websites) and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser.
Google Adwords
Similarly, Google Adwords utilizes cookies which are stored on users’ devices to display relevant ads and products based on users’ activity on websites within the Google Network. For these purposes, a code is used by Google when our website is accessed and what are referred to as (re)marketing tags are incorporated into the website. With their help, an individual cookie, i.e. a small file, is stored on the user’s device (comparable technologies may also be used instead of cookies).
Each AdWords customer receives a different conversion cookie. Cookies can therefore not be tracked through the websites of AdWords customers. The information collected by the cookie is used to generate conversion statistics for MagikFlame.com ads. MagikFlame.com sees the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, we will not receive any information that personally identifies users.
Cookies can be set by various domains, including google.com, doubleclick.net, invitemedia.com, admeld.com, googlesyndication.com, googleadservices.com, and other third party platforms. This file records which apps users have visited, which content they are interested in and which offers have been used. In addition, technical information about the browser and operating system, referring websites, the length of the visit as well as any additional data about the use of the online products and services are stored. The IP address of users is also recorded, although within the framework of Google Analytics, IP addresses within Member States of the European Union or in other signatory states to the Agreement on the European Economic Area are truncated.
All user data will only be processed as pseudonymous data. Google does not store any names or e-mail addresses. All displayed ads are therefore not displayed specifically for a person, but for the owner of the cookie. This information is collected by Google and transmitted to and stored by servers in the USA.
If you wish to object to interest-based advertising by Google marketing services, you can do so using the settings and opt-out options provided by Google: http://www.google.com/ads/preferences.
Facebook Pixel
As Facebook Members, we may use the Facebook Pixel in conjunction with our advertising. This allows you to be tracked after being redirected to MagikFlame.com by clicking on a Facebook ad. This enables us to measure the effectiveness of Facebook ads for statistical and market research purposes. The data collected in this way is anonymous to us, i.e. we do not see the personal data of individual users. However, this data is stored and processed by Facebook, which is why we are informing you, based on our knowledge of the situation. Facebook may link this information to your Facebook account and also use it for its own promotional purposes, in accordance with Facebook’s Data Usage Policy https://www.facebook.com/about/privacy/. You can allow Facebook and its partners to place ads on and off Facebook. A cookie may also be stored on your computer for these purposes.
You can object to the collection of your data by Facebook pixel, or to the use of your data for the purpose of displaying Facebook ads by contacting the following address: https://www.facebook.com/settings?tab=ads.
Klaviyo
We use Klaviyo for our email marketing and newsletter. To subscribe to our newsletter, we have an opt-in procedure , which serves to confirm your email address. This confirmation is required so that no one can register with an e-mail address that does not belong to them. Subscriptions to the newsletter are logged in order to be able to provide evidence of the registration process in accordance with statutory requirements. This includes the storage of the login itself, the time of confirmation, as well as the IP address. Any changes to your data stored with Klaviyo are also logged.
The newsletters contain cookies that are retrieved by Klaviyo as soon as the newsletter is opened. Within the scope of this retrieval, we receive technical information, such as information about the browser and your system, determining if and when the newsletters are opened and which links are clicked and when they are clicked. For technical reasons, this information can be assigned to the individual newsletter recipients. These analyses are primarily intended to help us to identify the reading habits of our users and to adapt our content to them or to send different content based on user interests.
You can stop receiving our newsletter at any time in the future just by using the link at the bottom of each of our communications.
Information Received from Third Parties
We also may receive information about you from third parties. For example, we and our partners, affiliates and service providers may use a variety of other technologies (such as tags) that collect statistical data relating to your Website activity for security and fraud detection purposes.
Social Networking Services
When you connect with us through a social media platform, we may, depending on your privacy settings, receive some information from your social media account, and what we collect depends on your privacy settings with that social networking service. The Service may also allow you to “like” or share content with social networking services.
You may register to join the Service directly via the Service or by logging into your account with a third party social networking service (“SNS”) via our Service (e.g., Facebook, Pinterest, Instagram, YouTube and other third party services that let you sign in using your existing credentials with those services). If you choose to register via an SNS, or to later link your account with the Service to your account with an SNS, we will use the Personal Information you have provided to the SNS (such as your name, email address, gender and other information you make publicly available via the SNS) to create your account. Note that the information we collect from and through an SNS may depend on the privacy settings you have set with the SNS and the permissions you grant to us in connection with linking your account with the Service to your account with an SNS. Other than what we may share with the SNS as described below, the Personal Information an SNS has about you is obtained by the SNS independent of our Service, and MagikFlame is not responsible for it.
Do Not Track Signal
Do Not Track (DNT) is a privacy preference that users can set in some web browsers, allowing users to opt out of tracking by websites and online services. We do not honor browser requests not to be tracked online (known as “Do Not Track”), but our cookie policy below describes how you can opt out of storing cookies.
HOW WE USE YOUR INFORMATION
We use information that we collect about you or that you provide to us, including any personal information:
- To provide you with an Account.
- To deliver, provide, and process payment for a product or Service you have requested.
- To improve our Services.
- To address your inquiries.
- To tailor content we display to you and offer we may present to you, both on the Service and elsewhere online.
- To administer and develop our business relationship with you and, if applicable, the corporation or other legal entity you represent.
- To communicate and promote to you products, services, offers, and events offered by MagikFlame
- To comply with legal requirements and assist law enforcement.
- To investigate fraud and to enforce our Terms of Use.
- To protect the property rights of MagikFlame or a third party.
- To protect the safety of the public or any person.
- To stop any activity we may consider to be, or to pose a risk of being, illegal, fraudulent, unethical or a legally actionable activity.
- To identify MagikFlame users.
- For the purposes disclosed at the time you provide your information, and
- As otherwise permitted with your consent.
USE AND DISCLOSURE OF NON-PERSONALLY IDENTIFIABLE INFORMATION
Because non-personal information does not personally identify you, we may use or disclose such information for any purpose. In some instances, we may combine non-personal information with Personal Information (such as the use of analytics services that combine personal information with aggregate information). If we do combine any non-personal information with Personal Information, the combined information will be treated by us as Personal Information in accordance with this Privacy Policy.
HOW WE DISCLOSE AND SHARE YOUR INFORMATION
We may share information we receive about you as follows or as otherwise described in this Privacy Policy:
- With our service providers and business partners:
- We employ third party companies and individuals to provide Services on our behalf, to perform Service-related operations (e.g., without limitation, maintenance services, database management, web analytics, payment processing, fraud detection and improvement of MagikFlame’s features) or to assist us in analyzing how our Service is used. These third parties may have access to your Personal Information in order to perform these tasks on our behalf.
- When you request our Services from our business partners, including through purchasing our Services on our business partners’ websites, we will provide your Personal Information to those third party business partners for the purposes of fulfilling and tracking your order.
- For corporate transactions
- MagikFlame may share information, including Personal Information, with any current or future subsidiaries or affiliates, primarily for business and operational purposes. We may sell, transfer, or otherwise share some or all of our assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets (including, in each case, as part of the due-diligence process with any potential acquiring entity) or in the event of bankruptcy.
- When required by law
- MagikFlame will share information with government agencies as required by law in response to lawful requests by public authorities, including to meet national security or law enforcement requirements and, including without limitation, in connection with reporting earnings. We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including, but not limited to subpoenas), or, at the request of governmental authorities or other third parties conducting an investigation where we determine in our sole discretion the disclosure is necessary to (a) protect the property and rights of MagikFlame or a third party, (b) protect the safety of the public or any person, or (c) prevent or stop activity we may consider to be, or pose a risk of being, illegal, fraudulent, unethical or legally actionable activity. We may also use Device Identifiers to identify MagikFlame Users, and may do so in cooperation with third parties at our discretion.
- With your Consent
- You may submit personal information to us through a form on the Website and consent to receive communication from us or our business affiliates and non-affiliates based on the information in the form.
YOUR RIGHTS AND CHOICES REGARDING YOUR INFORMATION
You have several ways to exercise control over your information:
- E-Mail: You also may opt-out of receiving marketing emails from us by following the opt-out instructions provided in those emails. Please note that we reserve the right to send you certain communications relating to your account or use of the Service (for example, administrative and service announcements) via email and other means and these transactional account messages may be unaffected if you opt-out from receiving marketing communications.
- Text / SMS Messages: We may send text messages you have consented to receive. You can cancel text messages at any time by texting “STOP”. After you send “STOP”, we may send you an additional text message to confirm that you have been unsubscribed. You will no longer receive text messages from that short code, but you may receive text messages if you are subscribed to other text lists. If at any time you have questions about the text messages, text “HELP”. After you send “HELP” we will respond with instructions on how to use our service as well as how to unsubscribe. Message and data rates may apply.
- Push Notifications: You may opt-out from allowing MagikFlame to send you push notifications by adjusting the permissions in your mobile device. This choice does not apply to in-app notifications.
- Geo-Location Settings: You may prevent your mobile device from sharing your location data by adjusting the permissions on your mobile device or within the relevant app.
- Right to Access, Rectify (Correct), Delete:
- Depending on where you are located, you may have certain rights with regard to your Personal Information. For example, residents of certain jurisdictions may contact us at [email protected] to access/know, rectify or delete your personal information.
- Upon request MagikFlame will provide you with information about whether we hold any of your personal information. You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information. If you request to access all personal information you’ve submitted, we will respond to your request to access within the time period required by applicable law.
- We will use commercially reasonable efforts to honor your requests for deletion; however, certain residual information may actively persist on the Service even if you close your account. In addition, the rights described above may be limited, for example, if fulfilling your request would reveal personal information about another person, or if you ask us to delete information we are required by law to keep or have compelling legitimate interests in keeping (such as for fraud prevention purposes). Your Personal Information may remain in our archives and information you update or delete, or information within a closed account, may persist internally for our administrative purposes, to the extent permitted by law. It is not always possible to completely remove or delete information from our databases. In addition, we typically will not remove information you posted publicly through or on the Service. Bear in mind that neither you nor MagikFlame can delete all copies of information that has been previously shared with others on the Service. If your information is deleted, then your account may become deactivated. If your account is deactivated or you ask to close your account, you will no longer be able to use the Services.
- Depending on where you are located, you may have certain rights with regard to your Personal Information. For example, residents of certain jurisdictions may contact us at [email protected] to access/know, rectify or delete your personal information.
State Privacy Rights
Certain states provide privacy rights to their residents. For example, if you are a California resident, the California Consumer Privacy Act (“CCPA”) may provide you with privacy rights with respect to our collection, use and disclosure of your Personal Information.
Under the CCPA, California residents are provided the following rights:
- The Right to Know. You have the right to request any or all of the following information relating to your personal information we have collected and disclosed in the last 12 months, upon verification of your identity:
- The specific pieces of personal information we have collected about you;
- The categories of personal information we have collected about you;
- The categories of sources of the personal information;
- The categories of personal information that we have disclosed to third parties for a business purpose, and the categories of recipients to whom this information was disclosed;
- The categories of personal information we have sold about you (if any) and the categories of third parties to whom the information was sold; and
- The business or commercial purposes for collecting or, if applicable, selling the personal information.
- The Right to Request Deletion.
- You have the right to request the deletion of personal information we have collected from you, subject to certain exceptions.
- The Right To Opt Out Of The Sale Of Your Personal Information. You have the right to direct us not to sell personal information we have collected about you to third parties now or in the future.
- The Right To Be Free From Discrimination. You have the right not to receive discriminatory treatment for exercising these rights.
Collection and use of Personal Information
In the last 12 months, we have collected the following categories of personal information from the categories of sources and for the purposes set forth below, which reference the personal information, sources and purposes described in the INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT and ‘HOW WE DISCLOSE AND SHARE YOUR INFORMATION’ sections of our Privacy Policy.
Disclosure of and Recipients of Personal Information
We do not sell personal information to third-parties. We generally only disclose and share personal information with our third-party service providers to help provide you with the Service. For more information, please see the ‘HOW WE DISCLOSE AND SHARE YOUR INFORMATION’ section in our Privacy Policy
How to Exercise your California Consumer Rights
To Exercise Your Right to Know or Right to Request Deletion
Applicable residents may exercise their rights in accordance with the instructions described in YOUR RIGHTS AND CHOICES REGARDING YOUR INFORMATION, above. Please note that we may require you to verify your credentials, by matching your e-mail address, or other account information to the information in our systems, before you can submit a request to exercise any of these rights. If you authorize another person to act as your agent to submit requests on your behalf, then unless you provide the agent with power of attorney under the California Probate Code, we will ask the agent to provide us the written and signed authorization that you provided to the agent, we will confirm with you that you did provide the authorization, and we will verify your identity.
To Exercise Your Right to Opt Out of Personal Information Sales
We do not share or sell your Personal Information with nonaffiliated third parties for their direct marketing purposes, and because we do not sell your personal information to third parties, we do not offer an opt-out mechanism.
INTERNATIONAL JURISDICTIONS
Our Services are hosted and offered in the United States of America (US), and are subject to US federal, state, and local law. If you are accessing the Services from another country, please be advised that you may be transferring your personal information to us in the US, and you consent to that transfer, processing and storage of your personal information in accordance with this Privacy Notice. You also agree to abide by the applicable laws of applicable US federal, state, and local laws concerning your use of the Services and your agreements with us. Any persons accessing our Services from any jurisdiction with laws or regulations governing the use of the Internet, including the collection, use, or disclosure of personal information, different from those of the jurisdictions mentioned above may only use the Services in a manner lawful in their jurisdiction. If your use of the Services would be unlawful in your jurisdiction, you may not use our Services.
SECURITY
We use physical, technical and organizational measures designed to protect your information against unauthorized access, theft and loss. We restrict access to your personal information to those employees who need to know that information to service your account or perform their job functions. To guard your information delivered to us electronically, our web sites use Secure Sockets Layer (SSL). SSL encrypts your credit card number, name and address so only we are able to decode your information
Although we take precautions intended to help protect information that we process, no system or electronic data transmission is completely secure. Any transmission of your personal data is at your own risk and we expect that you will use appropriate security measures to protect your personal information.
You are responsible for maintaining the security of your account and the information in your account. We may suspend your use of all or part of the Services without notice if we suspect or detect any breach of security. You understand and agree that we may deliver electronic notifications about breaches of security to the email address on record on your account.
DATA RETENTION
Unless you request that we delete certain information (see Your Rights and Choices Regarding Your Information), We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.
The criteria used to determine our retention periods include:
- The length of time we have an ongoing relationship with you and provide services to you (for example, for as long as you have an account with us or keep using the Website);
- Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them)
- Whether retention is advisable; and considering our legal position (such as, for statutes of limitations, litigation or regulatory investigations).
LINKS TO OTHER SITES
Our Website may include links to third-party websites and services that are not operated by us. When you click these links, you will be directed away from our Services. A link to a third-party website or service does not mean that we endorse it or the quality or accuracy of information presented on it. If you decide to visit a third-party website or service, you are subject to its privacy practices and policies, not ours. This Privacy Policy does not apply to any personal information that you provide to these other websites and services.
CHANGES TO THIS POLICY
MagikFlame may update this Privacy Policy at any time and any changes will be effective upon posting. In the event that there are material changes to the way we treat your Personal Information, we will update the Last Modified date at the top of this Policy upon becoming effective. We may also notify you by email, in our discretion.
HOW TO CONTACT MAGIKFLAME
If you have any questions about this Privacy Policy, please contact us at [email protected]