Influencers use our Services to monetize their content.
Our Services create technological and commercial relationships between third-party retailers, advertisers, and other businesses, individuals and entities with websites, blogs, social media presence, applications, agents, agencies, digital publishers, and other content platforms ("Influencers", "You", or "Your") and consumers. Our Services allow You to monetize your content and earn commissions by facilitating sales and marketing of Merchant products and services and creating a convenient shopping experience for Consumers.
This Policy tells you, among other things, what information we gather from you when you visit our Sites, Apps, or other Services, and how we may use or disclose that information, how to review of edit it, and our efforts to protect it.
Please read this Policy carefully. By registering for, accessing, using, and/or downloading or installing any Services, you agree to this Policy. Among other things, you consent to the collection, tracking, and use of your personal information as outlined in this Policy, as such Policy may be amended from time to time.
A) Information We Collect or Track
We collect the data that you provide to us to apply to the MagicLinks platform.
When you apply to MagicLinks, you are required to provide certain information such as your name, email address, youtube or other social media name, youtube or other social media platform address, content categories, region of influence, social following and referring information, and other information.
We collect data that you provide to us to register your account.
If you register for our Services, we will request certain information from you, including your contact information (such as your name, email address, address, phone number), social media handles, company name, social security number and/or tax identification number and/or national ID, financial information (such as PayPal account information or banking information or AliPay information), agency contact, contributors, assistants, date of birth, gender, preferred name, and information for booking travel.
Interaction with Services and Access
We collect data when you interact with and use our Services and when you share information from the Services with others.
We gather certain information automatically when you interact with the Services, including data related to Sales. We may also collect information from the mobile phone, tablet, computer, or other device that you use to access the Services. This information may include your domain and/or Internet Protocol ("IP") addresses, browser type, Internet Service Provider ("ISP"), the referring or exiting website address, operating system, access times and history, information relating to your activities and preferences on the Services, device, unique device identifiers, mobile platform advertising identifiers (e.g., IFA/IDFA or Android ID), telephone number, mobile carriers, language, CPU, iOS, screen display, plug-ins, Mime, font, storage, time, canvas, currency, images, or other posted content, downloaded content, favorited products and folders, communications on the Services with other Users, posts in public forums, and information from cookies or other technology. See below for more information about Cookies.
We may also infer location from IP addresses or other information, for example Wi-Fi access points and mobile towers. Among other things, this information allows the creation of device fingerprints and about the possible relationships among different browsers and devices.
We also collect data about your sales, commissions, and clicks generated by Consumers and sales generated by Consumers.
If you engage in collaborations, then we collect related data including the brand/retailer, fulfillment, and earnings information.
Additional Consumer Data
We collection information from Consumers who engage with your content in order to track sales and facilitate commissions.
We collect and track data over time and across websites and/or apps from visitors to Influencers sites. For example, we collect and track data on consumers who click on a Merchant link or other links. We also collect visitors' IP addresses and may infer location from IP addresses. Amonth other things, this information allows us to facilitate commissions and generate reports for Influencers and Merchants. We also track device information from visitors to an Influencers site, which includes data points on browsers, operating systems, device type, CPU, mobile, iOS, screen, display, pulg-ins, Mime, font, storage, time, language, and canvas. Among other things, this information may allow us to create profiles about the possible relationships among different browsers and devices. We also collect data on traffic, impressions, views, and clicks.
If you engage in marketing campaigns, then we collect related data including title, date, rate, and click information.
Direct Marketing and Do Not Track Signals
We currently do not share personal data with third parties for their direct marketing purposes without your permission. We do not respond to "Do Not Track" Signals.
If you send us personal correspondence, such and an email, letter, or text message, we may collect such information into a file specific to you.
Third Party Referral
We may collect certain information regarding you when a third party voluntarily provides such information, such as when using the "Refer a Friend" option within the MagicLinks platform.
Public / Sponsored Events
MagicLinks may participate in public events and events with multiple sponsors, such as panels, trade shows, seminars, and conferences. The events generally collect information from all attendees and distribute this data in whole or in part to all the event sponsors, including Magiclinks. We do not control and are not responsible for the practices of other sponsors during events.
Social Network Sites
Goe-location, Contacts, and Camera Roll.
We collect information from consumers who engage with your conent in order to track sales and facilitate commissions. With your permission, we may also access a) your geo-location through GPS tracking, b) contacts, and c) your camera roll or saved images.
With your permission, we will send push notifications. Visit your settings to control.
With your permission, we may send you push notifications and may track and collect information about your interaction with such notifications.
Information Collected, Tracked or Analyzed by Third Parties.
We collect data through cookies, other tracking technologies and by using third party analytics. Links to these third parties' privacy policies are provided in this section. See below for more information about Cookies.
We may permit advertisers or other third parties to collect information from the Services. For example, a third party may place cookies or similar tracking technologies (such as advertising IDs or deep linking technology) and may send its own cookies to your cookie file. We may also utilize third parties to analyze data collected from the Services. We may permit third parties to collect personally identifiable information over time and across different websites and across multiple mobile apps. Please see the following third party privacy policies for additional information: https://mailchimp.com/legal/privacy/, https://www.surveymonkey.com/mp/legal/privacy-policy/, https://support.google.com/analytics/answer/6004245.
In addition to MagicLinks' normal procedure for deleting stored data, you can revoke access to your data via the Google security settings page at https://security.google.com/settings/security/permissions.
If you have any questions or complaints about MagicLinks privacy practices, please contact us at email@example.com
B) How We Use Collected/Tracked Information.
We use your data to provide, develop, support, customize, market and protect our Services and pay commissions.
We use the information we collect or track about you to:
Assess your website, platform and/or content suitability;
Pay you the commissions you earn, including providing data to payment processors like PayPal and AliPay and addressing tax issues;
Operate, maintain, and provide to you the services, features and functionality of the Services;
Help you quickly find information and prevent you from having to enter information more than once;
Improve the quality and design of the Services;
Provide customized content and services, including without limitation potential collaborations, advertising and promotional information, such as targeted ads / retargeted ads, recommend content you might like, and cross-app / cross-site functionality across multiple third party mobile apps and websites;
Market and promote our Services to you and others;
Diagnose problems with the Services;
Communicate with you, including sending you emails regarding products or services that you have liked;
Provide customer support;
Provide reports and other data to Merchants that may identify you and include data about your performance, your sites and aggregated consumer data;
Create device fingerprints and profiles about the possible relationships among different browsers and devices;
Creation of consumer profiles, which may combine Your personal information from one MagicLinks service with personal information and other data from other MagicLinks services or MagicLinks partners;
Facilitate use of the Services, including indexing your name and relevant business information to make it available to other MagicLinks users;
Perform research and analysis on your use of the Services;
Manage your account;
Protect the security and integrity of the Services, as well as the property, rights and personal safety of MagicLinks, our users or others; and
Enforce the Terms of Service, this Policy and any other agreements you have entered into with MagicLinks.
C) Information We Share With Others.
1. Information from the Services, including Consumer Data.
We share collected data across our Services and certain information with Merchants, Influencers and API Developers. We may also share with other service providers, for example to assist us with data analytics for development of new and better services.
We may provide information about you and your business, including aggregated consumer data, to our affiliates and other businesses or individuals, including our Merchants, Influencers and API Developers. We share anonymized consumer geo-location, purchased item and amount of sale data with Merchants and Influencers. We may combine information internally across different Services so that we may provide better and more customized services. We contract with companies who help with parts of our operations and/or to enhance our services and we require them to only use your personal information in connection with the services they perform. We may also share aggregated non-personally identifiable information publicly.
Please see the following third party privacy policies for additional information: https://mailchimp.com/legal/privacy/, https://www.surveymonkey.com/mp/legal/privacy-policy/, https://support.google.com/analytics/answer/6004245.
2. Legal Compliance.
We may share your data if required or necessary by law. We may also do so to exercise, defend or protect our, your or others' rights.
MagicLinks will cooperate with law enforcement inquiries, other government agency inquiries and requests, and criminal or civil subpoenas. MagicLinks will also disclose your personal information when necessary to comply with state and federal laws and regulations. MagicLinks may also disclose information to exercise or defend our legal rights, to protect the security of our Services and business, to investigate and prevent illegal or tortious activity, to protect the property or safety of MagicLinks or others, and to enforce MagicLinks agreements or other policies.
3. Sale or Other Transfer.
We may share your data when some or all of our business is sold, acquired or merged with another company.
As we develop our business, we may buy or sell some or all of our assets and, depending on the transaction, your personal information may be one of the transferred assets. Similarly, if MagicLinks should ever merge with or be acquired by another company, we may share your personal information with any entity resulting from such transaction. Any entity that acquires your data in this manner will have the right to use your data as set forth in this Policy. Separately, if MagicLinks should ever file for bankruptcy, the bankruptcy trustee has the right to sell the information you provide to us to a third party.
We cannot guarantee the security of your data. Please see the measures we take to provide Security below.
We cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Policy. By way of example (without limiting the foregoing), we may be required to disclose personal information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmission of private communications, or users may abuse or misuse your personal information that they collect from the Services.
D) Your California Privacy Rights.
If you are a California resident, then you may have certain rights relating to whether any third parties have received your information for their direct marketing purposes.
For California residents: Under California Civil Code Section 1798.83, if you are a California resident and MagicLinks has an established business relationship with you, you may have the right to request information from MagicLinks, free of charge, regarding the manner in which MagicLinks shares certain categories of personal information with third parties for their direct marketing purposes (if any). Alternatively, at our election, MagicLinks may provide you with a cost-free means to choose not to have your information shared.
MagicLinks designated email address for such requests is firstname.lastname@example.org. You may also request this information by writing to:
361 Vernon Ave.
Venice, CA 90291
E) Cookies / Tracking Technologies.
1) Tracking Sales to Consumers;
2) Facilitating Commissions to Influencers;
3) Creation of user profiles;
4) Providing custom, personalized content and information to Influencers and Consumers including without limitation relevant ads, customized ads, interest-based ads and retargeted ads in future navigation;
5) Remembering information so that you will not have to re-enter it during your visit or the next time you visit the Services;
6) Providing cross-app / cross-site functionality across multiple third party mobile apps and websites;
7) Collect device information which permits generation of device fingerprints and cross-device consumer profiles;
8) Keeping count of return visits to our Services and Influencers' sites;
9) Accumulating and reporting statistical information on Services usage and Influencers' sites, platform and content;
10) Determining which features users like best;
11) Assessing the popularity and effectiveness of the Services;
12) Determining whether and when an email was opened; and
13) Improving our Services and creating new services.
MagicLinks or an affiliate network (each an "Affiliate Network Partner") may drop cookies on a consumer's device and/or web browser. For example, once an Influencer grabs a Product or Merchant link from our Services, visitors to that Influencer's website who click on the particular link will be directed by MagicLinks or the Affiliate Network Partner to a Merchant's e-commerce site, at which point MagicLinks or the Affiliate Network Partner drops a cookie on the visitor's browser. These cookies are dropped so that our Services can monetize visits to our Influencers and other actions. MagicLinks may also utilize third party tracking technology, such as deep linking, to leverage cross-app and cross-site functionality.
Another tracking technology MagicLinks may use is a script that collects device information to permit what is known as device fingerprinting. (see, e.g., FTC Consumer Guide on Online Tracking - What is device fingerprinting?) For example, this data collection may permit generation of device fingerprints and cross-device profiles to better understand who visits particular Influencers, how often, unique visits, repeat visits, and more.
F) Influencers' Websites/Applications/Other Content.
1. General. When you begin using links, scripts, cookies and other technologies provided by MagicLinks, we will collect and store information about your users and readers. We use this information for tracking sales, abuse prevention, commission processing and data analysis, among other things.
4. Promotion and Publicity. We may collect and store information about publicly accessible content on your website, application or other content (such as your website name and website content). Among other things, we may use this information to recommend certain Merchants and for advertising and marketing related activities.
G) Links to Other Sites, Networks, Platforms, and Apps.
You may encounter Linked Technologies that have their own privacy policies.
The Services may contain links to third party sites, networks – including social network sites like YouTube, Instagram, Snapchat, Facebook, Twitter, Pinterest or others, platforms or apps ("Linked Technologies"), including retailers and advertisers. However, please be aware that MagicLinks is not responsible for and cannot control the terms of service or privacy policies of such other Linked Technologies. We encourage you to be aware when you leave the Services, and to read the applicable agreements and privacy policies for each and every Linked Technologies. The Agreement applies solely to these Services. MagicLinks is not responsible for and makes no representations or warranties regarding Linked Technologies, including without limitation, the content, accuracy, opinions, functionality, or services provided in such Linked Technologies. Inclusion of any Linked Technologies on the Services does not imply approval or endorsement by MagicLinks. If You decide to access any Linked Technologies, then You do so at your own risk.
H) Third-Party Applications.
I) Age Restrictions; Children's Privacy.
Our Services are not for use of anyone under the age of 13.
These Services are not for use for anybody under the age of 13. By using these Services, you verify that you are 13 or older and in compliance with this provision. MagicLinks will not knowingly collect or use personal information from anyone under 13 years of age. If MagicLinks obtains actual knowledge that it has obtained personal information about a child under the age of 13, that information will be permanently deleted from our records.
J) Choice/ Opt Out.
You have choices about how your data is collected, the ability to delete certain data, and the ability to close your account.
Cookies. You may be able to delete and/or turn off cookies as your browser or device permits. Unless you block or control cookies going forward, deleting cookies will only address cookies on your device at that moment. If you disable cookies entirely, MagicLinks Services may not function properly. Please note that other tracking technologies, such as device fingerprinting, are not stopped or impacted by turning off or deleting cookies.
Flash Cookies. Some newer versions of browsers will let you control and/or delete Flash cookies. If you use a browser or device that does not let you delete Flash cookies, then try Adobe's Website Storage Settings. Similar to regular cookies, deleting Flash cookies will only address the Flash cookies on your device at that moment. Please note that other tracking technologies, such as device fingerprinting, are not stopped or impacted by turning off or deleting Flash cookies.
Other Tracking Technologies. You may be able to turn off and/or delete some scripting functionality as your browser or device permits. If you disable scripting functionality, MagicLinks Services may not function properly. Please note that other tracking technologies, such as device fingerprinting, are not stopped or impacted by turning off some script functionality.
Opting Out from Interest-Based Ads: US residents may visit www.aboutads.info/choices to opt out of interest-based advertising by companies participating in the DAA self-regulatory program and European Union residents may opt-out of interest-based advertising by companies participating in the EDAA at www.youronlinechoices.com. Your browser must accept third-party cookies before opting out. You can also express your choices through the following platforms: IAB opt-out platform, Network Advertising Initiative opt-out platform, Digital Advertising Alliance platform that provide options to express your choices for all companies that are registered in this platform. Please note that if you disable the display of personalized ads from MagicLinks and other advertising partners, you will continue to receive ads that are less relevant to your interests/browsing behavior.
Opting Out for Application Data: To opt out of interest-based advertising on mobile apps, US residents may download the DAA's AppChoices application from the Android or Apple app store.
Opting Out for Location Data: You may opt out of precise location data by using the location services controls in your mobile device's settings. Please note that this does not impact geolocation inferences, which may be possible through IP address information.
Opting out of push / local notifications: We may send push or local notifications to your device to provide updates and relevant messages. You may be able to manage notifications from the Sites, Apps or through your device.
Effect of Opting Out: You will need to renew your opt-out choice if you use a different device, use a different browser, or erase cookies from your browser.
Unsubscribing from emails: You may opt out at any time by using the Opt-Out or Unsubscribe option at the bottom of most of our mass email communications, or by contacting us through the "Contact Us" section of the Services.
Account: You may also choose to close your account at any time.
Tracking Partners: The below companies may collect personal information when you interact with our digital property, including IP addresses, digital identifiers, information about your web browsing and app usage and how you interact with our properties and ads for a variety of purpose, such as personalization of offers or advertisements, analytics about how you engage with websites or ads, and other commercial purposes. For more information about the collection, use and sale of your personal data and your rights, please use the below links.
Subject Requests - https://rakutenadvertising.com/legal-notices/subject-requests
Although we work to protect your data, we cannot warrant or ensure its ultimate security.
To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before creating your account. The user who created the account is responsible for maintaining the secrecy of their unique password and account information at all times.
We use what we believe to be appropriate procedures to protect information against unauthorized access and disclosure. However, information you elect to post on our Services, emails and other information you send to us are not encrypted and such transmissions cannot be considered a secure means of transmitting sensitive information.
You should be aware of the limitations of security, authentication, encryption, and privacy measures used in connection with the Internet and that any information you transmit through the Services may be damaged, corrupted, "sniffed" and/or accessed by another person without your permission. Regardless of the precautions taken by you or by us, "perfect security" does not exist on the Internet. Third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the Services. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private. We cannot ensure or warrant the ultimate security of any information you transmit.
L) File a Complaint.
If for some reason you believe MagicLinks has not adhered to the principles of this Policy, please notify us at email@example.com. For those in the EU / EEA, send complaints or questions to firstname.lastname@example.org.
M) Users in the European Union and European Economic Area.
If you are in the EU / EEA, then this section applies to you.
Personal Data is any information relating to an identified or identifiable natural person in the European Union ("EU") and European Economic Area ("EEA").
MagicLinks is the data controller of Personal Data you provide on our Services (within our Apps or on our Sites).
You may contact MagicLinks via email at email@example.com. or by mail at:
361 Vernon Ave.
Venice, CA 90291
Purposes of Processing and Legal Basis for Processing
We have lawful bases to collect, use and share your data.
As explained above, we process Personal Data in various ways depending upon your use of our Services. We process Personal Data on the following bases: (1) with your consent; (2) as necessary to perform a contract when you request Services; and (3) as necessary for our legitimate interests in providing you with our products and Services, enhancing and customizing our Services, conducting analytics and delivering relevant advertising as set forth above.
Your Rights Regarding Personal Data
If you are in the EU / EEA, then you have certain rights relating to your personal data.
Access and Confirmation. You have the right to ask us if we process Personal Data about you, and in some circumstances, to obtain a copy of your Personal Data.
Deletion and Blocking. Under certain circumstances, you may have the right to have your Personal Data deleted or blocked without undue delay.
Direct Marketing. You have the right to object to our processing of Personal Data for direct marketing purposes.
Consent. To the extent we are processing Personal Data on the basis of your consent, you have the right to withdraw consent at any time.
Data Portability. Under certain circumstances, to the extent we are processing your Personal Data on the basis of consent, or that it is necessary to perform a contract with you, and the processing is carried out by automated means, you have the right to receive the Personal Data in a structured, commonly used and machine-readable format.
To exercise those rights, please contact us at:
361 Vernon Ave.
Venice, CA 90291
Right to Lodge a Complaint. You have the right to lodge a complaint about our data collection and processing actions with the supervisory authority in your country.
We transfer, store, and process your data outside your country.
By providing us with Personal Data, you consent to the storage or processing of Personal Data in the United States and acknowledge that the Personal Data will be subject to the laws of the United States, including the ability of governments, courts or law enforcement or regulatory agencies of the United States to obtain disclosure of your Personal Data.
N) Retention of Personal Data.
The Personal Data we obtain about you may be retained up to seven years.
O) Contact Us.
You can contact us for complaints or questions.
Any notices or communication sent to you by MagicLinks will be sent to your email address on file with MagicLinks, which may be updated by you in writing at any time. It is your responsibility for ensuring that MagicLinks has your current email address at all times. Any notice sent to you via such email address by MagicLinks shall be deemed given, received, and read by you, whether or not it actually is received and/or read.
Any notices or communications sent by you to MagicLinks pursuant to this Policy must be in writing and sent to the address specified herein or such other address as MagicLinks may specify in writing.
All notices will be sent to:
361 Vernon Ave. #6
Venice, CA 90291
For those in the EU / EEA, send complaints or questions to firstname.lastname@example.org
Effective Date: September 26, 2018