Magisto Ltd. ("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 Notice to inform visitors to the Site and users of the Services how we use and protect the information we collect through the Services as well as your ability to control certain uses of the collected information. If not specifically defined herein, capitalized terms have the meaning given to them in the Magisto Terms of Service, which are available at https://www.magisto.com/tos.
Magisto Ltd. is the data controller in respect of some of the processing activities outlined in this Privacy Notice. With respect to processing activities where you are the controller, Magisto is the data Processor. Its registered office is 3 Hamazmera St., POB 2038, Ness-Ziona 74120, Israel and its registration number is 514250984.
"Personal Information" means any information that refers, is related to, or is associated with an identified or identifiable individual or as otherwise may be defined by applicable law.
Privacy Notice Key Points
The key points listed below are presented in further detail throughout this Privacy Notice. These key points do not substitute the full Privacy Notice.
- Collection of Personal Information. When you register, we collect your basic profile information you provide, such as your name, email address, telephone number, credit card number, or information about activities directly linked to you. When you register through a third party, in addition to the above, we will collect information available to us from such third-party log-in/account. We also collect Personal Information when you use the Site or Application, or contact us with questions or complaints. When you visit our Site, we automatically collect you IP address and operating system. When you use our Services, we collect any Submissions you may upload, post or transmit to or through the Services. Such Submissions may include special categories of data ("Sensitive Data"). By uploading any Sensitive Data you expressly represent and warrant that you have any and all right to provide us with such Sensitive Data for the purpose of processing such Sensitive Data in accordance with the Terms and this Privacy Notice and that you have obtained consent, in accordance with applicable law, from any data subject whose data, including Personal Information and Sensitive Data is included in the Submissions.
- Basis for Processing Your Personal Information. Processing your Personal Information is necessary for the performance of the Terms and the provision of the Site and/or Services to you. Processing for the purposes of developing and enhancing new features and our products and Services, for analytics and usage analysis, for fraud prevention and security and for our recordkeeping and protection of our legal rights – are all necessary for the purposes of legitimate interests that we pursue. Processing your Personal Information for Magisto’s marketing purposes is based on your consent, provided herein.
- Use of Personal Information. We use the information (including Personal Information) we collect mainly to administer and provide the Services, contact you with administrative information, contact you with marketing offers and improve the Site and Application.
- Disclosure of Information. We may share the Personal Information we collect with our service providers and subcontractors who assist us in the operation of the Site, Services and Application and process the information on our behalf and under our instructions.
- International Transfer. We may use service providers and/or subcontractors and/or cooperate with or have business partners and affiliates located in countries other than your own, and send them your Personal Information. We will ensure to have agreements in place with such parties ensuring the same level of privacy and data protection as set forth in this Privacy Notice. You hereby consent to such international transfer.
- Protection and Security of Personal Information. We have put into place generally-accepted industry standards and security measures in an effort to protect Personal Information from loss, misuse or alteration while it is under our control.
- Your Rights. Subject to applicable law and additional rights as set forth below, you may have a right to access, update and/or delete your Personal Information and obtain a copy of the Personal Information we have collected about you.
- Retention. We retain information for as long as necessary for the purposes set forth in this Privacy Notice.
- Changes to the Privacy Notice. We reserve the right to change this Privacy Notice at any time, but will alert you that changes have been made by indicating on the Privacy Notice the date it was last updated.
This Privacy Notice explains Magisto's policy regarding the collection, use, storage, disclosure, processing, transfer and protection of Personal Information. The terms of this Privacy Notice apply to Personal Information collected from you.
It is your voluntary decision whether to provide us with any Personal Information, but if you refuse to provide certain information we may not be able to register you to the Site or Application and/or provide you with the Services.
Examples of the Personal Information that we collect from you may include your name, state. and country telephone number, e-mail address, credit card number, or information about activities directly linked to you, such as your 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. We may also collect Personal Information from you when you participate in other registration forms, feedback forms or surveys, post or submit any content on the Site, Application, or Services, including pictures, logos, and any video or audio content, contact us for any reason, or request information from us. We collect any Submissions you may upload, post or transmit to or through the Services, which may include Sensitive Information. By uploading any Sensitive Data you expressly represent and warrant that you have any and all right to provide us with such Sensitive Data for the purpose of processing such Sensitive Data in accordance with the Terms and this Privacy Notice and that you have obtained consent, in accordance with applicable law, from any data subject whose data, including Personal Information and Sensitive Data is included in the Submissions.
If you use the Services by logging in through Facebook, Google or any other third party login service, available at the Site or Application, we may also receive Personal Information about you as provided by such third party login service. Please check such third party login’s policies in order to understand what information we receive.
We may automatically collect some information when you use the Site, Application, or Services. This could include certain information about devices accessing the Services such as your device’s IP address, type of device, device identifier and settings, unique device identifiers, crash data and operating system. Whether we collect some or all of this device information often depends on the type of device used and its settings. We may also collect other information such as the site from which you linked to us, and the time and date of your visit, subject to your consent as may be required under applicable law, your geolocation, and your activities using the Application. 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: (i) communicate with you and provide the Services to you, depending on the Services for which you register (ii) alert you of new features, or enhancements to the Services you use; (iii) verify your identity; (iv) handle your customer service questions or issues and requesting feedback; (v) process transactions, (vi) subject to your consent as may be required under applicable law, distribute newsletters and notify you of promotions, updates, or targeted / special offers or advertisements regarding our Services that we think may interest you; (vii) develop new products or services and conduct analyses to improve our current content, products, and Services; (viii) review the usage and operations of our Services; (ix) use your data in an aggregated, non-specific format for analytical purposes (as detailed below); (x) prevent fraud, protect the security of our Site, Application, and/or Services; and (xi) address any problems with the Site, Application, and/or Services. 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 for purposes of enhancing the Services.]
By analyzing all information we receive, including all information concerning users, we may compile statistical information across a variety of platforms and users ("Statistical Information"). Statistical Information 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. Statistical Information is anonymous and aggregated and we will not link Statistical Information to any Personal Information. We may share such Statistical Information with our partners, without restriction, on commercial terms that we can determine in our sole discretion. We may provide non-Personal Information that we receive to Google Analytics (as more fully detailed below) in order to receive an analysis of the use of our Site, Application and Services.
We, or our service providers or subcontractors, may use analytics tools ("Tools"), including "Google Analytics" and "Mix Panel" to collect information about the use of the Site, Application, and/or Services. Such Tools collect information such as how often users visit the Site or Application, what pages they visit when they do so, and what other sites and apps they used prior to coming to this Site or Application. The Tools may collect certain Personal Information, and may link such Personal Information to specific information stored in our database. We use the information we get from the Tools to improve our Site, Application and Services.
In addition, we collect and create analytics per user for the purposes of improvement of the services and other internal purposes.
Disclosure of Information
Except as expressly set forth herein, we will not share your Personal Information with third parties without your explicit permission, when required by law, regulation, subpoena, court order or other law enforcement related issues, as specified below.
We may share your information, including Personal Information, as follows:
- Service Providers and subcontractors. We may share your Personal Information with service providers (including our affiliates that provide services on our behalf) and subcontractors that we engage for the purpose of processing Personal 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, which may be located in countries other than your own, may access your Personal Information. Subject to applicable law, we require these entities to comply with terms similar to the terms specified in this Privacy Notice and appropriate confidentiality and security measures.
- International Transfer. We may use subcontractors and service providers and have business partners and affiliates who are located in countries other than your own and send them information we receive (including Personal Information). We will ensure that these third parties will be subject to written agreements ensuring the same level of privacy and data protection as set forth in this Privacy Notice. You hereby consent to such international transfer.
- 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 or security agencies, (ii) such action is appropriate to enforce our Terms, 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 or are negotiating 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.
- Other Uses or Transfer of Your Information. We allow you to use our Site, Application, and Services in connection with third-party services, sites, and/or applications. If you use our Site, Application, and/or Services with or through such third-parties, we may receive information about you from those third parties. Please note that when you use third-parties outside of our Site, Application, and/or Services, their own terms and privacy policies will govern your use of those services.
- Videos. Summaries and edits of Videos produced by the Site, Application, 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, 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 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, Application, 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.
Protection and Security of Personal Information
Magisto has put into place generally-accepted industry standards and security measures in an effort to protect personal information from loss, misuse or alteration while it is under our control. However, no method of transmission over the Internet, or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. To protect the confidentiality of your 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.
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.
Cookies and Similar Technologies
A "persistent" cookie may be used to help save your settings and customizations across visits.
How to Adjust Your Preferences
Most Web browsers are initially configured to accept cookies, but you can change this setting so your browser either refuses all cookies or informs you when a cookie is being sent. In addition, you are free to delete any existing cookies at any time. Please note that some features of the Services may function improperly when cookies are disabled or removed.
Use of the Site by Children
Magisto does not knowingly collect Personal Information from children under the age of 16 or any other age provided under applicable law. In the event that you become aware that an individual under the age of sixteen or any other age provided under applicable law has enrolled without parental permission, please advise us immediately.
If you have not disabled third party cookies (please see section on Cookies below), and you use our Site or Services, additional third parties may also be serving as controllers in connection with the collection of your Personal Data. Their details and contact information are described in https://www.magisto.com/privacy-parties.
You have certain rights in relation to the Personal Information that we or our co-controllers hold about you, as detailed below. For any requests to exercise such rights with respect to information held by our co-controllers, please contact the applicable co-controller directly. We reserve the right to ask for reasonable evidence to verify your identity before we provide you with any information and/or comply with any of your requests, as detailed below:
Right of Access and Data Portability
You have a right to know what Personal Information we collect about you and, in some cases, to have such information communicated to you. You may also ask for our confirmation as to whether or not we process your Personal Information. Subject to the limitations in applicable law, you may be entitled to obtain from us a copy of the Personal Information you provided to us (excluding information that we obtained from other sources) in a structured, commonly-used, and machine-readable format, and you may have the right to (request that we) transmit such Personal Information to another party. If you wish to exercise this right please contact us letting us know what information in particular you would like to receive and/or transmit. Subject to applicable law, we may charge you with a fee. Please note that we may not be able to provide you with all the information you request, for instance, if the information includes Personal Information about another person. Where we are not able to provide you with information that you have asked for, we will endeavor to explain to you why. We will try to respond to any request for a right of access as soon as possible.
Right to Correct Personal Information
You may update or delete your personal information or modify your account, certain personal details, and your privacy preferences, including your notifications settings, by accessing the account interface provided through the Site or Application's Settings menu. Please note that if you disable your personal account, we will delete your Videos and personal information, other than as required, subject to applicable law and as otherwise set forth in this Privacy Notice.
Subject to the limitations in applicable law, you may request that we update, correct or delete inaccurate or outdated Personal Information and/or that we suspend the use of Personal Information, the accuracy of which you may contest, while we verify the status of that Personal Information. We will correct your Personal Information within a reasonable time from the receipt of your written request thereof.
Deletion of Personal Information
In certain circumstances you have a right to have Personal Information that we hold about you deleted. Should you wish to have any Personal Information about you deleted, please contact us, using the contact information specified in this Privacy Notice. Subject to applicable law, we will delete Personal Information provided to us by you within a reasonable time from the receipt of a written (including via email) request to delete such collected Personal Information, provided however, that we may retain a copy of certain information for audit and record-keeping, purposes, as permissible by law. We cannot restore information once it has been deleted. Please note that to ensure that we do not collect any further information about you, you should terminate your account with us and no longer utilize the Site, Application and/or Services, delete our Application from your mobile devices and clear our cookies from any device where you have used our Application. We may also retain your information in an anonymized form.
Direct Marketing Opt Out.
You can change your mind at any time about your election to receive marketing communications from us and/or having your Personal Information processed for direct marketing purposes. If you do, please notify us by contacting us as detailed in this Privacy Notice. We will process your request as soon as reasonably possible, however it may take a few days for us to update our records before any opt out is effective.
Right to Object.
Subject to applicable law, you may have the right to object to processing of your Personal Information for certain purposes.
If you are a European Citizen, you may have the right to submit a complaint to the relevant supervisory data protection authority.
You may register to receive promotional messages from Magisto. If at any time you wish to stop receiving promotional information from Magisto, you may opt out by:
- Contacting us at www.magisto.com/support
- Writing us at: Customer Service, 3 Hamazmera St., POB 2038, Ness-Ziona 74120, Israel
- Accessing your account setting menu and electing to stop getting notifications of certain promotional messages or notifications.
Subject to applicable law and our regulatory obligations, we retain information as necessary for the purposes set forth above. We may delete information from our systems, without notice to you, once we deem it is no longer necessary for the purposes set forth above.
Online Links to Other Sites
You agree that, in the event any dispute or claim arises out of or relating to this Privacy Notice, 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
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 Distributor").The App Distributors are not responsible for the Application. You and Magisto acknowledge that no App Distributor 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 notice, or if you wish for us to amend or delete your Personal Information, or would like to contact us for any reason, you can do the following:
- Send us a message on www.magisto.com/support or
- 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 Notice at any time, but will alert you that changes have been made by indicating on this Privacy Notice the date it was last updated. We encourage you to review our Privacy Notice to make sure you understand how your information will be used.