PRIVACY POLICY

YOUR PRIVACY IS CRITICALLY IMPORTANT TO US. WE AT MAGICSHINE HAVE A FEW FUNDAMENTAL PRINCIPLES:

• We do not ask you for personal information unless we truly need it.
• We do not share your personal information with anyone except to comply with the law, develop our products and services, or protect our rights.
• We treat your personal information with the highest regard to privacy and security.

Magicshine respects your right to privacy and shares your concern about the security of any data you may submit to Magicshine via Magicshineus’s websites, Magicshine GPS Ally+, LED Ally and Sensor Ally and related services (“the Site”), currently accessible at www.magicshineus.com. The following statement (“Privacy Policy”) discloses the guidelines Magicshine has established for protecting the information you provide to Magicshine during your visit to the Site.

This policy applies to the information we collect:

• On the Site
• In email, text, and other electronic messages between you and the Site
• Through mobile and desktop applications you download from the Site, which provides dedicated non-browser-based interaction between you and the Site
• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we treat it. If you do not agree with our policies and practices, your choice is not to use the Site. By accessing or using the Site, you agree to this Privacy Policy. This Privacy Policy may change from time to time (see PRIVACY POLICY CHANGES AND DISCLAIMER below). Your continued use of the Site after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

COLLECTION AND USE OF INFORMATION

A. PERSONAL INFORMATION

The information we collect on or through the Site may include information you provide to us. “Personal Information” is information that identifies you as an individual. When you create an account on the Site, purchase a product on the Site, sign up for a newsletter, receive updates via the Site or contact our product support personnel, we may collect a variety of Personal Information, which depending on the circumstances, may include your name, mailing address, phone number, email address and payment card information. Personal Information may also include:

• Information that you provide by filling in forms on the Site. This includes information provided at the time of registering to use the Site, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the Site.
• Records and copies of your correspondence (including email addresses), if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.
• Details of transactions you carry out through the Site and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the Site.
• Your search queries on the Site

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Site, or transmitted to other users of the Site or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. No security measures are perfect or impenetrable and we cannot control or be responsible for the actions of other users of the Site with whom you may choose to share your User Contributions.

We may use Personal Information about you for the following purposes:

Communications
We may communicate with you for reasons including without limitation: to provide you with information about the products and services you request or purchase, to communicate with you about your account or transactions with us, and to notify you of changes to our policies. If you no longer wish to receive communications from us, simply follow the link entitled “Unsubscribe” or send us an email at amazon@magicshine.com.

Customer Support
When you interact with our customer support representatives via email, telephone, or in person, we may collect Personal Information relevant to the situation, i.e. name, mailing address, phone number, email address and contact preferences; information about the Magicshine product you own, serial number, date of purchase and (if applicable), event logs that are useful in diagnosing product or application performance related issues; and information related to a support or service issue. We use this information to provide you with the superior customer and product support that you have come to expect from Magicshine.

Purchases
If you provide credit card information on the Site or directly, Magicshine will use your payment card information and related payment and account information, as well as your name and mailing address if applicable for the purpose of filling your purchases or collecting payment of recurring fees (if applicable). The site uses industry standard Secure Sockets Layer (SSL) technology, to allow for the encryption of personal information. In addition, Magicshine’s secure servers protect this information using advanced firewall technology.

B. PERSONAL INFORMATION PROCESSED BY Magicshine When you create a Magicshine account, we ask you to provide your email address, name, and password. You can add additional information to your profile, such as your location and your gender, birthdate, height and weight. You can choose to upload activities (e.g., runs, walks, bike rides, hikes, etc.) and activity data (e.g., distance, pace, activity time, calories burned, heart rate, location, etc.) from your device to your Magicshine account. You can use your device without providing your consent to upload your activities to Magicshine . When you add certain Magicshine devices to your Magicshine account, we ask for additional information, such as your gender, birthdate. If you enable email notifications, we process your email address in accordance with your notification settings. When you sync your device through the Magicshine GPS Root website or GPS Ally+ mobile app, we log data about the transmission, such as the IP address used when syncing, the sync time and date, crash/diagnostic logs, geographic location of the device, information about your device. For compatible products, we will also gather analytics on how you configure and use certain features.

If you choose to enable your Magicshine account to access accounts you have with other app providers, such as your Strava or TrainingPeaks account, we will obtain information about you from such account.

C. OTHER INFORMATION When you visit the Site, we may use automatic data collection technologies to collect certain information automatically from your device. In some countries, including countries in the European Economic Area, this information may be considered personal information under applicable data protection laws. “Other Information” is any information that does not reveal your specific identity or does not directly relate to an individual, such as browser and device information, app and usage data information, you IP address, device type, unique device identification numbers, browser-type, your Internet Service Provider (ISP), your operating system and carrier. For Site users, details of any referring website or exit pages as well as broad geographic location (e.g., country or city-level location) may also be collected. Please note that we may use and disclose “Other Information” for any purpose except where we are required to do other under applicable law. If we are required to treat “Other Information” as “Personal Information” under applicable law, then we may use it as described in “Personal Information”. In some instances, we may combine “Other Information” and “Personal Information” in which case the combined information will be treated by us as “Personal Information” as long as it is combined.Other information may include:

• Details of your visits to the Site, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Site.
• Information about your computer and internet connection, including your IP address, operating system, and browser type. We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). For information on how you can opt out of behavioral tracking on the Site and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking, please contact our Data Protection Officer using one of the contact methods below.

The information we collect automatically is only statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve the Site and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize the Site according to your individual interests.
• Speed up your searches.
• Recognize you when you return to the Site.

The technologies we use for this automatic data collection may include:Server Log InformationServer log information is used for calculating site usage levels, helping diagnose problems with Magicshine servers and products and to resolve problems with the Site.Cookies (or browser cookies)A cookie is a small file placed on the hard drive of your computer that has no meaning outside of Magicshine and contains no personally identifying information. Cookies are used to allow for a smoother navigation of the Site (i.e., personalization to save your member ID and to keep track of your shopping cart). You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of the Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Site.Flash CookiesCertain features of the Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Site. Flash cookies are not managed by selecting or deselecting the same browser settings as browser cookies.Web BeaconsPages on the Site and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Magicshine, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of content on the Site and verifying system and server integrity).Google AnalyticsMagicshine uses Google Analytics as a method of tracking site statistics and user behavior.

Collecting this information enables us to better understand the visitors who come to our Site, where they come from, and what content on our Site is of interest to them. We use this information for our internal analytics purposes and to improve the quality and relevance of our Site for our visitors, for example, to customize your user experience, tailor your searches and show you advertisements that may be of interest. We may also use this automatic information to prevent and detect fraud. If you do not want information collected via these technologies, most browsers have settings that allow you to automatically decline many of them. Alternatively, you can contact us using one of the methods listed at the bottom of this Privacy Policy.

Social Media
You may choose to enable or log in to your account via various social media or social networking services (i.e. Facebook, Twitter and Instagram). The integration of these Social Networking Services may offer you a richer and more personalized experience with our products and services. We collect certain personal information that you have provided to the Social Networking Service (i.e. your Facebook profile, email address, profile picture involving Magicshine products).

Third Parties
Periodically, we lawfully obtain personal information about you from affiliated entities, business partners and other independent third-party sources and add it to our account information. Examples of information we may receive includes updated contact information like email, purchase history and demographic information.

If you choose to authorize Magicshine to permit a third party to access activity data in your Magicshine account, then we will share such data with the third party. Magicshine apps only share data stored in your activity files with Strava, Today’s Plan, Training Peaks, Komoot, Relive when you connect your account and have the auto share switch enabled or when you explicitly share those filed from the app.  We will not do this without your explicit consent. Once you direct us to share data with a third party, the third party’s handling of your personal data is the responsibility of that third party, and you should carefully review the third party’s privacy policy. You can choose to stop sharing data with the third-party app, platform, or service provider at any time within your Magicshine account.

These are the third-party providers we currently use:

• Google: Google Analytics is used to track statistics and user demographics, interests, and behavior in apps. Find out more information about how this analytics information may be used, how to control the use of your information, and how to opt out of having your data used by Google Analytics.
• Firebase (Crashlytics): Firebase (Crashlytics), a Google service, is used to help us better understand usage of Magicshine apps to improve user experience and to identify and resolve the root cause of app crashes.

E. ACCESSING AND CORRECTING YOUR INFORMATIONYou can review and change your personal information by logging into the Site and visiting your account profile page.

F. YOUR CHOICES REGARDING COLLECTION AND USE OF INFORMATION
We may, from time to time, send you emails regarding our products and services. In addition, if you indicated upon registration that you are interested in receiving offers or information from us and our partners, we may occasionally send you direct mail about products and services that we feel may be of interest to you. Only the Company (or agents working on the Company’s behalf and under confidentiality agreements) will send you these direct mailings and only if you indicated that you do not object to these offers. If you do not want to receive such mailings, simply tell us when you give us your personal information, opt out or unsubscribe using the link at the bottom of an email or edit your account information to no longer receive such offers and mailings.

You also have choices with respect to cookies, as described above. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies, some parts of our Site may not work properly for you.

G. DISCLOSURE OF INFORMATION

We may disclose Personal Information about you to others if we have your consent to do so in written form. We may also disclose Personal Information about you to others as we believe to be necessary or appropriate (a) under applicable law or regulation, including laws or regulations outside your country or residence (b) if Magicshine finds that you are in breach of its terms and conditions or any of its policies or usage guidelines for specific products or services; (c) it is necessary in Magicshine’s opinion to do so to prevent, investigate, detect or prosecute criminal offenses or attacks on the technical integrity of the Site or Magicshine’s network; (d) it is necessary in Magicshine’s opinion to do so to protect the rights, property or safety of Magicshine or its employees, the users of the Site or the public; (e) to protect our operations or those of any of our affiliates and subsidiaries (g) to protect the rights, privacy, safety or property of Magicshine, its affiliates and subsidiaries, and (h) to permit us to pursue available remedies or limit the damages that we may sustain.

H. SECURITY AND RETENTION OF PERSONAL INFORMATION

Magicshine takes reasonable security measures to help protect against loss, misuse, unauthorized disclosure or alterations of the Personal Information under its control.

I. YOUR CALIFORNIA PRIVACY RIGHTSIf you are a California resident, California law may provide you with additional rights regarding our use of your personal information. California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of the Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.J. PRIVACY POLICY CHANGES AND DISCLAIMERWe may make updates to this Privacy Policy from time to time without prior notice. These changes will be posted on the Site in a timely manner with a notice that the Privacy Policy has been updated on the Site homepage. If we make material changes to how we treat users’ personal information, we will notify you by email to the email address associated with your user registration. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting the Site and this Privacy Policy to check for any changes.

Magicshine reserves the right to modify this Privacy Policy at any time, so please review it frequently. While Magicshine continues to work hard to protect your personal information, no data transmission over the Internet can be guaranteed as absolutely secure, and Magicshine cannot ensure or warrant the security of any information you transmit to Magicshine. Transmitting personal information is done at your own risk.

K. CHILDREN UNDER THE AGE OF 13

We take the privacy of children seriously. The Site is not directed at children and our Terms prohibit children under the age of 13 from registering for or using the Site. Accordingly, we will not knowingly collect personal information from children under the age of 13 through our Site, and we request that children under the age of 13 not submit any personal information through our Site. If you are under the age of 13, do not use or provide any information on the Site or through any of its features, register on the Site, make any purchases through the Site, use any of the interactive or public comment features on the Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received information from a child under the age of 13 without verification of parental consent, we will delete that information. If you believe we might have unknowingly collected information from a child under the age of 13, please contact our Data Protection Officer using one of the methods listed below.

L. DATA PROTECTION OFFICERIf you have any questions about this Privacy Policy, the practices of the Site or your dealings with the Site, or if you wish to update your preferences, request information that Magicshine has about you, correct any information Magicshine has about you or request deletion of information Magicshine has about you, you may contact us using one of the following methods:

Attn: Data Protection Officer
Email: Amazon@Magicshine.com