Privacy Policy

Last Updated April 2016

Magisto is committed to respecting the privacy rights and concerns of all users of its Services. As such, we have established and implemented this Privacy Policy to inform visitors to the Site and users of the Services how we use and protect the information we collect through the Services. By accessing the Site or using any of the Services, you consent to Magisto’s collection, use, storage, deletion and disclosure of information relating to you as set forth in this Privacy Policy. If not specifically defined herein, capitalized terms have the meaning given to them in the Magisto Terms of Service, which are available at http://www.magisto.com/tos

What is Personal Information?

This Privacy Policy explains Magisto's policy regarding the collection, use, disclosure and protection of Personal Information. The terms of this privacy policy apply to information collected from you unless different terms are specified as part of a special offer or in another form or contract we provide you.

"Personal Information" is information that can be directly associated with a specific person or entity such as a customer's name, address, telephone number, e-mail address, credit card number, or information about activities directly linked to that person, such as his or her purchases. Personal Information also includes information that you may choose to provide to us, such as your educational, medical and employment history profile. Personal information does not include “aggregate” information. Aggregate information is data we collect about a group or category of products, services or customers, from which individual customer identities have been removed. In other words, information about how you use a service may be collected and combined with information about how others use the same service, but no Personal Information will be included in the resulting data. Likewise, information about the products or services you use or purchase may be collected and combined with information about the products and services used or purchased by others, but no Personal Information will be included in the resulting data. Aggregate data helps understand trends and customer needs so that new products and services can be considered and so existing products and services can be tailored to customer desires.

Collection of Personal Information

We collect Personal Information that you provide us, such as when you

  • register to use the Services;
  • participate in other registration forms, feedback forms or surveys;
  • post or submit any content on the Site or Services, including any video or audio content; or contact us for any reason.

We may automatically collect some information when you use the Site or Services, such as your computer’s IP address, operating system, the site from which you linked to us, and the time and date of your visit, and activities. We also collect information received from third parties to the extent that they have entered into an agreement with you as a result of your relationship with Magisto.

Use of Personal Information

The personal information you provide to us will allow us to communicate with you and provide the Services to you, depending on the Services for which you register. This includes alerting you of new products or services, features, or enhancements to the Services; verifying your identity; handling your customer service questions or issues; requesting feedback; processing transactions; distributing newsletters; and notifying you of promotions, updates, or special offers that we think may interest you. We may also use your email address as part of the Services in sending you messages about the Services and other general announcements. We keep track of your interactions with us, including but not limited to your activity within the Services. Except as set forth in this Privacy Policy, or unless we have your consent, we will not share your personal information with any person or entity other than those affiliated with us, entities acting on our behalf, and relevant third parties such as those needed to collect and maintain our information collection servers and perform technology and related services. We will also share the personal information we collect from you under the following circumstances:

  • Service Providers. We may share your personal information with service providers (including our affiliates that provide services on our behalf) that we engage for the purpose of processing information on our and your behalf. Additionally, we may partner with other companies to process, analyze, or store data. While providing services for us, these companies may access your personal information. To the extent applicable, we require these entities to comply with this Privacy Policy and appropriate confidentiality and security measures.
  • Protection of rights. We will share personal information if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce our Terms of Service, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Services, or (iv) such action is appropriate to protect the rights, property or safety of Magisto, its employees, users of the Services or others.
  • Asset transfers. If we become involved in a merger, acquisition or other transaction involving the sale of some or all of Magisto’s assets, user information, including personal information collected from you through your use of the Services, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you through email or a prominent notice through the Services.

Videos

Summaries and edits of video produced by the Site and the Services will be made available to you via an internet link made available to you, including without limitation by email. If you reveal this link, send this email to third parties, or otherwise provide access to or distribute the videos, such third parties will have full access to such videos as well as any confidential or personal information on such videos. As such, you should have no expectation of confidentiality in videos or other material if you have revealed them to third parties.


All videos that you create and save using Magisto will be posted automatically to your timeline and be publicly available and searchable unless you choose otherwise. You may choose otherwise by selecting that a video be saved instead to your private album. If a video is made publicly available, you may later choose to make such video private. Notwithstanding such later choice, however, third parties may nevertheless continue to have access to your video via, for example, previously published links.


Videos that are publicly available may be posted and made available to the public on Magisto’s application. Magisto may recommend such videos to other end users or categorize such videos according to previously defined topics and interests. If your videos are made publicly available, you should have no expectation of privacy in such videos. If your videos are publicly available, and you include your videos in any Magisto promotion, Magisto may make copies of your videos available to its promotional partners for use in the context of that promotion.

Communities

If you use any of the features of the Site or Services, please remember that any information disclosed in these venues may be automatically made public, even without your knowledge or authorization. You should exercise caution when disclosing any information, including Personal Information, in such venues, as you do not know who will access or use such information and for what purposes. Magisto is in no way responsible for the accuracy, use or misuse of any information, including Personal Information, which you disclose in such venues.

Other Disclosures

In addition, we may disclose Personal Information in the good faith belief that we are required to do so by law, or that doing so is reasonably necessary to comply with legal process, cooperate with any requests of law enforcement or government security agencies, respond to any claims, or to protect the rights, property, or personal safety of Magisto, our customers, or the public. Information about our customers, including Personal Information, may be disclosed as part of, or during negotiations of, any merger, sale of company assets or acquisition.

Protection of Personal Information

Magisto has put into place security measures in an effort to protect personal information from loss, misuse or alteration while it is under our control. Personal information we collect is stored electronically and may be combined with other membership information. We use technical, contractual, administrative and physical measures in an effort to protect against unauthorized access. Account information is accessible online only through the use of a password. To protect the confidentiality of personal information, you must keep your password confidential and not disclose it to any other person. If other people have access to your email, they may be able to obtain access to your password and obtain personal information about you (such as your credit card information), or change information about your user profile. You may not want to use an email account operated by an employer because many employers have the legal right to access such email accounts.

Choice

By registering you agree to receive promotional messages from Magisto. If at any time you wish to stop receiving promotional information from Magisto, you may opt out by:

  1. Contacting us on www.magisto.com/support
  2. Writing us at: Customer Service, 3 Hamazmera St., POB 2038, Ness-Ziona 74120, Israel
  3. Accessing your registration information and checking the box that allows you to opt out of receiving promotional emails.

Aggregate Information

Magisto appreciates the importance of safeguarding the privacy of your Personal Information that may be provided to us. However, Magisto does use and disclose de-identified aggregate information for the purposes of evaluating and improving our services and tailoring our products. Magisto may choose at its sole discretion to transfer, sell, provide or share such information with third parties, including for to Magisto's business partners for commercial purposes, and by providing any information to Magisto you consent to such provision of de-identified aggregate information to any third party. Magisto uses anonymous identifiers in order to allow Google to collect data in order that we may receive reports from Google with demographic and interest data regarding users of our mobile application, as well as general campaign metrics. Google also allows us to isolate and analyze subsets of sessions and users in such reports. Such reports and analyses are provided to us without the identifying information of specific users. These identifiers are used together with third party SDKs such as Google Analytics in order that we may receive such reports. Magisto does not merge this data with Personal Information. Since we only use these identifiers for users of our mobile application, there is currently no way of opting out from such collection of data.

Cookies

Cookies are small files that are stored on your computer. We use cookies to help optimize your use of the Site. For example, we use cookies to customize our home page for you and to better display pages according to your browser type. When you make a purchase cookies allow us to better maintain the status of your account. We do not use cookies to store any personal information about you.

As you browse the Magisto website or use the Magisto application, we or third parties may use cookies, web beacons and similar technologies to collect or receive information from the website, application or other Internet sites in order to understand what you are interested in. We or our display advertising partners may use such information in order to target advertising to you, whether on Magisto or on third party sites and applications. You may “opt-out” of having your information used to tailor ads to you in this way by (a) opting out of advertisement targeting by Facebook on http://www.aboutads.info/choices and (b) opting out of Google's use of cookies by visiting Google's ad settings at http://www.google.com/settings/ads.

Do Not Track

Some browsers incorporate “Do Not Track” features. Generally, such features when activated send a signal to web sites indicating that you do not wish to be tracked. “Do Not Track” is a standard that is under development, and there is not yet a common understanding of how to interpret a “Do Not Track” signal and, as such, Magisto does not currently respond to the browser “Do Not Track” signals.

Google Analytics

The Service uses Google Analytics and other similar services to help us learn about who visits the Site and what pages are being viewed.

Use of the Site by Children

Magisto does not knowingly collect personally identifiable information from children under the age of 13, and you must be 13 years of age or older in order to establish an account. Parents are able to set up accounts for their children. In this way verifiable parental consent is required in order to register a child under the age of 13 to be enrolled, and any parent setting up an account for his or her hereby represents and warrants that he or she is the parent or legal guardian of such child, and has the authority to provide information and render consents on behalf of such child. In the event you become aware that an individual under the age of 13 has enrolled without parental permission, please advise us immediately.

Online Links to Other Sites

Magisto members or users can link to other webs of third parties that provide useful information, or who have agreed to offer goods and services to Magisto members. Any personal information you provide on the linked pages is provided directly to this third-party and is subject to that third party's provider's privacy policy. Except as described above, Magisto is not responsible for the content or privacy practices of Web sites to which we link. Links to third party or other sites are provided for your convenience. We encourage you to learn about the privacy practices of each Web site before providing them with personal information.

Control of Your Information

You may update or delete your personal information or modify your account preferences for the Services by accessing the account interface provided through the Services. You may also contact us on www.magisto.com/support. Please note that if you disable your account, we will keep your contact information on file, and may retain other account information for a reasonable period of time afterward for the purpose of internal account management and fraud prevention activities.

Security Measures

The personal information that you provide to us is stored on servers which are located in secured facilities with restricted access, and protected by protocols and procedures designed to ensure the security of such information. In addition, we restrict access to personal information to Magisto employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Services. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of any of the Services and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems.

In the event that personal information you provide to us is compromised as a result of a breach of security, when appropriate we will take reasonable steps to investigate the situation, notify you and take the necessary steps to comply with any applicable laws and regulations.

European Union and Switzerland Directive on Data Protection - Safe Harbor

Magisto complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. Magisto has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Magisto’s certification, please visit http://www.export.gov/safeharbor/.

Mediation

You agree that, in the event any dispute or claim arises out of or relating to this Privacy Policy, you and Magisto will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in San Francisco, California] with a mutually agreed mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them.

Dispute Resolution for Residents of the European Union

If you are a resident of the European Union, in the event that you have any dispute or claim arising out of or relating to this Privacy Policy, you may report your claim to the European Union Data Protection Authorities located in your jurisdiction.

You and Magisto acknowledge that these Terms are entered into between you and Magisto, and not with Apple Inc. (“Apple”) or Google, Inc. (“Google” and Apple, each an “App Provider” and, collectively, the “App Providers”). The App Providers are not responsible for the Application. You and Magisto acknowledge that no App Provider has any obligation whatsoever to furnish any maintenance and support services with respect to the Application.

Questions or Concerns

If you have any questions or concerns about this privacy statement or would like to contact us for any reason, you can do the following:

  1. 1. Send us a message on www.magisto.com/support or
  2. 2. Writing us at: Customer Service, 3 Hamazmera St., POB 2038, Ness-Ziona 74120, Israel

Changes to this Statement

Magisto reserves the right to change this privacy statement at any time, but will alert you that changes have been made by indicating at the top of the privacy statement the date it was last updated. We encourage you to review our privacy statement to make sure you understand how your information will be used.