Notice of Privacy Practices
Last Updated: October 25, 2019
At Magitex Decor, LLC (“Magitex,” “us,” “our,” or “we”), we recognize that your privacy is important – both to you and to us. This Magitex Notice of Privacy Practices (“Notice” or “Privacy Notice”) has been compiled to disclose our privacy practices to you, and inform you about how your Personal Information is being used when you: (i) access and use our website at www.magitexdecor.com (our “Site,” or collectively, “Sites”), (ii) make purchases of goods via our Site’s online store, and (iii) use other related products or services we may make available to you through your use of the Site (collectively, “Services”). “Personal Information,” also known as “Personal Data,” and as used in this Privacy Notice, means information that can be used on its own or with other information to identify, contact, or locate you, or to identify you in context. This includes your name, physical address, email address, telephone number, payment card information, account username, and other identifying information. It also includes other information that may be associated with your Personal Information, such as your location, IP address, preferences or interests. Importantly, we may collect Personal Information directly from you when you visit our Sites.
Please read this Privacy Notice carefully so that you have a clear understanding of how we collect, use, otherwise handle and protect your Personal Information in connection with your use of the Site or the Services.
I. What Information Do We Collect?
We may collect certain information from you when you use our Services, including our Sites. We collect and obtain your information in a few ways: there is information that you choose to give to us, information we obtain through your use of our Services – including our Site – and information we obtain from third parties. Each of these is detailed below:
A. Information that You Give Us
We receive, store and process information, including Personal Information, that you make available to us when accessing or using our Site and/or Services. Examples include when you (i) fill in any form on the Site, such as when you register or update the details of your user account, or when you supply identification and other verification information, (ii) access or use the Site, such as to make requests for or accept Magitex Services, pay for Magitex Goods or Magitex Services, post comments or reviews, or communicate with other users, (iii) link your account on a third party site (e.g. Facebook) to your Account, in which case we will obtain the Personal Information that you have provided to the third party site, to the extent allowed by your settings with the third party site and authorized by you, and (iv) communicate with Magitex. Some of this information may comprise “Demographic Information,” which may include, but is not limited to, your zip code, hometown, gender, age/birth date, browsing history information, searching history information, and registration history information. Some Demographic Information may not directly reveal your identity; however, at times the combination of various types of data, including Demographic information, may enable you to be identified, and may therefore qualify as Personal Information.
B. Information We Get from Your Use of Our Site
We also receive, store and process information, including Personal Information, when you access or use our Site.
When you use certain features of the Site, we may receive, store and process different types of information about your location, including general information (e.g. IP address, zip code) and more specific information (e.g. information on the device used to access the Site, such as your mobile device, GPS-based functionality on your mobile devices when used to access the Site, or specific features of the Site). If you do not want your device to provide us with location-tracking information, you may be able to disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details.
We may also receive, store and process information that is automatically recorded by our servers whenever you access or use the Site, regardless of whether you are registered with Magitex or logged in to your Account, such as your IP address, the date and time you access or use the Site, the hardware and software you are using, referring and exit pages and URLs, the number of clicks, event information, pages viewed and the order of those pages, and the amount of time spent on particular pages.
Magitex uses “cookies” and other similar technologies, such as mobile application and other device identifiers, on the Site. Cookies are small data text files stored locally on your computer that uniquely identify your browser. As a result, when you access or use the Site, you will provide or make available certain information to us. While you may disable the usage of cookies through your browser settings, we do not change our practices in response to same. We track your activities if you click on advertisements for Magitex services on third party Sites such as search engines and social networks, and may use analytics to track what you do in response to those advertisements. If you disable cookies, you may lose some of the features and functionality of using our Site, as cookies are necessary to track and enhance your use and access.
We may, either directly or indirectly, also continue to track your behavior on our Site for purposes of our own customer support, analytics, research, product development, fraud prevention, risk assessment, regulatory compliance, investigation, as well as to enable you to use and access the Site and pay for your activities on the Site. We may also, either directly or through third parties we engage to provide services to us, track your behavior on our Site to market and advertise our services to you on the Site and third party websites.
We do not respond to “do not track” browser signals.
C. Information We Obtain from Third Parties
Magitex may collect information from various third parties about you, such as any third-party service providers who we use to provide our Services to you. From time to time, we may also use or augment the Personal Information we have about you with information obtained from other sources, such as public databases, social media platforms and other third parties. For example, we may use such third party information to confirm contact or financial information or to better understand your interests by associating demographic information with the information you have provided.
Additionally, we may allow you to access or use certain features of the Site, or share your access to or use of the Site with others using accounts you created with third party services, like Facebook (“Third Party Service Accounts”). If you choose to login to the Sites using this method, the Third Party Service Account may ask your permission to share certain information from your Third Party Service Account with Magitex – such as your name, email address, and your Third Party Service Account profile data. Such information is collected by the Third Party Service Account provider and shared with Magitex according to the Third Party Service Account provider’s privacy policies.
D. Payment Processors
Other services, such as those of third party payment providers, may require you to provide your financial information (such as your payment card information, including expiration date and verification code) as well as your name, address, email address, and other Personal Information to complete purchases. Magitex does not collect any financial information or payment card information itself in relation to orders on the Site; all payment processing is conducted by third party payment providers.
II. How Do We Use Information that You Provide or Make Available?
We will primarily use, share, and/or disclose your information to provide you access to, and facilitate your use of, our Site and other Services. We will use, share, and/or disclosure Personal Information from or about you in the following instances:
- When you consent for us to do so (“Consent”). We may also ask for your consent to process your Personal Information for a specific purpose that we communicate to you, for instance, to receive our newsletter and other such mailings you may be interested in. When you consent to our processing your Personal Information for a specified purpose, you may withdraw your consent at any time and we will stop processing of your data for that purpose.
- To fulfill a contractual obligation that we have with you, where applicable (“Contract”). This includes the processing of your information related to your online orders via our Site.
- To comply with a legal or statutory requirement or obligation (“Legal Obligation”). This may include responding to a lawful and enforceable request by law enforcement, judicial body, or other public authorities, or in connection with a legal obligation we have to a third party, or reporting unlawful activity to law enforcement.
- To fulfill another legitimate interest, when not overridden by your interests or, where applicable, your fundamental rights and freedoms which require the protection of Personal Information (“Legitimate Interest”).
We use, store and process information about you for the following general purposes:
- to enable you to access and use the Site;
- to enable you to communicate with other Customers or Magitex, including but not limited to by sending messages or other information;
- to operate, protect, improve and optimize the Site, Magitex’s business, and our users’ experience, such as to perform analytics, conduct research, personalize or otherwise customize your experience, and to provide customer service;
- to help create and maintain a trusted and safer environment on the Site, such as detection and prevention of actual and potential fraud and other harmful activity, conducting investigations and risk assessments, enforcing our Terms and policies;
- to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
- to send you marketing, advertising, and promotional messages and other information that may be of interest to you, when you have consented for us to do so. You can unsubscribe or opt-out from receiving these communications in your settings (in the “Account” section) when you login to your Account; and
- to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties.
We may review, scan, or analyze your communications with other users exchanged via the Site in relation to maintenance of the Site, for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research and customer support purposes. For example, as part of our fraud prevention efforts, the Site may scan and analyze messages to mask contact information and references to other websites. We may also scan, review or analyze messages for research and product development purposes to help make searching, booking and user communications more efficient and effective, as well as to debug, improve and expand product offerings.
We may use Demographic Information to tailor the Site to your interests, as well as any communications related to your use of our Services, and those communications you have consented to receive from Magitex.
III. When Do We Disclose or Share Your Personal Information, and to Whom?
Your Personal Information may be disclosed in several instances, including:
- Where applicable and where we have obtained your consent to do so, parts of your public profile page that contain some Personal Information may be displayed in other parts of the Site to other users for marketing purposes;
- Where applicable, when you voluntarily post content in a community forum or other features on the Site that are visible to the general public;
- Where applicable and where we have obtained your consent to do so, the Site may allow your public profile pages to be included in search engines, in which case your public profile pages will be indexed by search engines and may be published as search results. You may opt out of this feature by changing your settings on the Site. If you change your settings or the information on your public profile pages, third party search engines may not update their databases quickly or at all. We do not control the practices of third party search engines, and they may use caches containing outdated information, including any information indexed by the search engine before you change your settings or the information on your public profile or public Listing pages;
- If you voluntarily choose to provide a review about an Magitex product on the Site, your review may be public on the Site. Likewise, another Customer’s review of you may be public on the Site;
- To facilitate your purchases and orders with Magitex through the Site. For instance, we may provide your Personal Information to third party shipping companies to ensure that the items you ordered are delivered to you;
- To facilitate the function and maintenance of the Site and our other Services. For instance, we may need to provide your user account information to our data hosting and data processing service providers;
- We may also engage third parties, including but not limited to technology services and services to help verify your identification, to conduct checks against databases such as, but not limited to, public government databases (where legally allowed), to otherwise assist us with fraud prevention and risk assessment, to assist us with customer service, to serve targeted ads, and to facilitate the payments or refunds. We may provide Personal Information about you to these third parties, or give them access to this Personal Information, for the limited purpose of allowing them to provide these services. We will ensure that such third parties have contractual obligations to protect this Personal Information and not to use it for unrelated purposes; and
- Magitex may access, preserve and disclose your account information, Personal Information, and other related information where required to do so by law or enforceable legal obligation, or in a good faith belief that such access, preservation or disclosure is reasonably necessary (a) to respond to claims asserted against Magitex, (b) to comply with a lawful and enforceable request by law enforcement, judicial body, or other public authorities, or in connection with a legal obligation, or other enforceable legal process (for example, court order, subpoena, warrant, etc.), (c) to enforce and administer our agreements with users, such as the Terms of Service, Privacy Notice, (d) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (e) to protect the rights, property or personal safety of Magitex, its users or members of the public.
We reserve the right to report to law enforcement any information – including Personal Information – related to the use of our Services to further any unlawful activity or activity we in good faith believe to be unlawful.
We may also share Demographic Information with advertisers on an aggregated basis (i.e., without telling the advertisers your identity). One of the reasons we may do this is to increase the likelihood that our advertisers' goods and services will appeal to you as a customer of the Magitex Site. Our sharing of Demographic Information with our advertisers is anonymous (i.e., we do not tell advertisers which particular Magitex Customers are members of which demographic groups), subject to the rest of this Privacy Notice. When you respond to an advertisement, however, we ask you to remember that if the advertisement is targeted to a demographic group and you decide to give the advertiser any of your Personal Information, then the advertiser may be able to identify you as being a member of that demographic group.
Magitex does not sell, trade, or rent your Personal Information to others. As noted above, we may release or disclose your information to third-party service providers or agents who perform functions on our behalf or who facilitate the provision of our Services to you.
We may also share your information in relation to a merger, sale, financing, acquisition or other transaction involving all or a part of Magitex with another company. We may also share any additional information that you have consented for us to share.
IV. International Transfers of Information
If you are visiting this site or utilizing services from a country other than the United States, the various communications you send and receive may result in the transfer of information across international boundaries. If you are located in the European Union you should be aware that information you provide or which is otherwise collected on this Site or through any services rendered may be transferred to countries (including the United States) which may not have data protection laws deemed as adequate as those in the EU.
V. How Long Do We Keep Your Information?
We keep your Personal Information to enable your continued use of Magitex’s Services, for as long as it is required in order to fulfill the relevant purposes described in this Privacy Notice, as may be required by applicable law, as necessary to protect our rights and interests, or as otherwise communicated to you. For example, we may retain your transaction history so that you can review past purchases (and repeat orders if desired) and what addresses you have shipped orders to, and to improve the relevancy of products and content we recommend.
VI. Your Privacy Rights
Magitex will ensure that you can exercise your rights pertaining to your Personal Information, including rights as provided by various data protection laws. Magitex therefore informs you that, where applicable under relevant law, you are entitled:
- to have access to your Personal Information upon simple request – that is, you may receive a copy of such data (if requested), unless such data is made directly available to you, for instance within your personal account;
- to have access upon simple request, and free of charge, the categories and names of addresses of third parties that have received Personal Information for direct marketing purposes;
- to obtain a rectification of your Personal Information should it be inaccurate, incomplete or obsolete;
- to obtain the deletion of your Personal Information in the situations set forth by applicable data protection law (the “right to be forgotten”).
- to withdraw your consent to the data processing without affecting the lawfulness of processing, where your Personal Information has been collected and processed on the basis of your consent;
- to object to the processing of your Personal Information (where it has been collected and processed on the basis of legitimate interests of Magitex) in which case we may ask you to justify your request by explaining to us your particular situation;
- to request a limitation of the data processing in the situations set forth by applicable law;
- to have your Personal Information directly transferred by Magitex to a third-party processor of your choice (where technically feasible and when processing is based on your consent); and
- to non-discrimination, as defined under relevant law, in the Services or quality of Services you receive from us for exercising your rights.
Under certain laws, you may also have the right to “opt-out” of having your Personal Information sold to a third party. However, Magitex does not sell your Personal Information to any other party. Only in the case of a merger, sale, financing, acquisition, or other transaction involving all or part of Magitex may your information be involved in a transaction.
For deletion/”right to be forgotten” requests, we will undertake a good faith effort to accommodate requests for access to or deletion of personal information. However, these requests may be subject to the evaluation of additional factors, including disproportionate burden or expense, or the risk to the rights, including the privacy rights, of others.
We will strive and work to resolve any inquiry you may have regarding our privacy practices. EU residents may also file a complaint before a competent data protection authority regarding the processing of your Personal Data. While we suggest that you contact us beforehand, if you wish to exercise this right, you should contact the competent data protection authority directly.
If you have any questions, would like to exercise any of these rights, or if you need any assistance with privacy related matters, please contact us as described in the “Contact Us” section below. We will take the necessary steps to respond to you as soon as possible.
A. Your Choices on Collection and Use of Information
You may change certain preferences in your account regarding the sharing and use of your information on our Site by visiting your account settings. Please note that some Site functionality may be impacted depending on the preferences you choose. Magitex also offers individuals the opportunity to choose or “opt-in” to receive emails or other communications from us and/or our partners regarding offers, products, and services we feel may interest you. We will ask you if you want to receive such emails before we begin sending them to you. If you have opted in to receive such communications from us but later decide you do not want to receive solicitations from us or our partners related to your account with us, you can “opt-out” by accessing and editing your account information to no longer receive such offers and mailings, or by following the “unsubscribe” directions attached to such emails. You also have the ability to change your browser’s and your device’s cookie settings, as described above.
B. Updating and Correcting Your Information
You can always update your basic account information by logging into your Magitex account. If you need to access, update, or delete other Personal Information we may have in another way or manner, please contact us at the address below. Note that we may limit additional requests to modify your Personal Information, such as if your request impacts other users’ privacy, concerns information that Magitex does not possess or control, is repetitive, is unlawful, or requires technical means disproportionate to the request.
VII. Securing Your Personal Information
We have reasonable and appropriate administrative, technical, and physical security measures to help protect your Personal Information against unauthorized access, destruction or alteration. However, no method of transmission over the Internet, and no method of storing electronic information, can be 100% secure. Accordingly, we cannot guarantee the security of your transmissions to us and of your Personal Information that we store. As a result, you acknowledge that there are data security and privacy limitations inherent to the Internet, and that the security, integrity, and privacy of any and all information exchanged between you and Magitex cannot be guaranteed.
VIII. Your Privacy When You Access Third Party Websites and Resources
We may change this Privacy Notice at any time and without notice, at our sole discretion. We may change how we collect and then use Personal Information. The most current version of our Privacy Notice is accessible on our Site at all times. If we make material changes to the Privacy Notice, we will notify you either by posting an alert on the Site or by sending an email to you. We will also update the “Last Updated” date at the top of this Privacy Notice.
X. Our Email Communications to You
We collect your email address in order to:
- Send information, respond to inquiries, and/or other requests or questions;
- Process orders and send information and updates pertaining to orders;
- Send you additional information related to your product and/or service; and
- With your consent, market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
As noted above, if you have opted in to receive such communications from us but later decide you do not want to receive solicitations from us or our partners related to your account with us, you always can “opt-out” by accessing and editing your account information to no longer receive such offers and mailings, or by following the “unsubscribe” directions attached to such emails.
XI. Your California Privacy Rights
California Civil Code Section 1798.83 permits California residents who have supplied Personal Information, as defined in the statute, to us to request and obtain certain information regarding our disclosure, if any, of Personal Information to third parties for their direct marketing purposes. If this applies, you may obtain the categories of Personal Information shared and the names and addresses of all third parties that received Personal Information for their direct marketing purposes during the immediately prior calendar year (e.g., requests made in 2017 will receive information about 2016 sharing activities). To make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident and provide a current California address for our response. You may make this request in writing to us at the below address. Any such request must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this address. Information will be provided within thirty (30) days of your request, or we will inform you that we need additional time to fulfill your request.
You may also request that we not share your personally identifying information with third parties for purposes of direct marketing; if you make such a request we agree to cease sharing your personally identifying information with third parties for purposes of direct marketing within a reasonable time.
Information shared by us with third parties for purposes other than direct marketing will not necessarily be included in our response to such request. We reserve the right to request and confirm proof of identity as we determine necessary in our sole discretion.
XII. How to Contact Us
If you have any questions regarding this Policy or our privacy practices, you can contact us at:
2791 NW 82nd Ave
Miami, FL 33122
Attn: Legal Department
Phone: (305) 470-9282
Or by email at: email@example.com
Please note that Magitex is not responsible for the content or practices of third party websites or services to which Magitex may link through our Sites. Your interaction with all third party service providers’ websites is governed by the applicable third party privacy policies. We encourage you to review the privacy policies of such third party providers before using their sites or services.