Privacy policy

1. GENERAL

1.1 All capitalized terms not defined herein shall have such meanings as have been assigned to them respectively in the Terms. The rules of interpretation contained in the Terms shall also apply to this Privacy Policy. This Privacy Policy is at all times required to be read along with the Terms.

1.2 MagicCanvas is committed to the protection of personal information provided by Users to MagicCanvas on its website www.MagicCanvas.com ("Website"). Users agree that use of Website implies consent to the collection, retention and use of User's personal information in accordance with the terms of this Privacy Policy (“Privacy Policy”).

1.3 MagicCanvas takes the privacy of Users seriously. MagicCanvas is committed to safeguarding the privacy of Users while providing Services in a personalized and valuable manner.

1.4 No User information is rented or sold by MagicCanvas to any third party. When a User uses the Services, Users’ IP address and other personal information may automatically get stored. A high standard of security is maintained by MagicCanvas for Users. However, the transmission of information via the internet and web networks is not completely secure. While MagicCanvas does its best to protect Users’ information, particularly with respect to protection of Users’ personal data, MagicCanvas cannot ensure the security of Users’ data transmitted via the internet, web network or any other networks.

1.5 Access to Services is conditional upon User’s approval of this Privacy Policy which should be read together with the terms and conditions of use (“Terms”). Users acknowledge that this Privacy Policy, together with our Terms, forms a legally binding agreement of MagicCanvas with Users in relation to use of the Services (“Agreement”).

2. INFORMATION COLLECTED

2.1 Traffic Data Collected

In order to provide Services, MagicCanvas automatically tracks and collects the following categories of information when a Users uses the Services:

(a) IP addresses;

(b) Domain servers; and

(c) Other information associated with the interaction of User's device and the Services (collectively

"Traffic Data”)

2.2 Personal Information Collected

In order to provide Services, MagicCanvas may require the User to provide certain information that personally identifies such User

("Personal Information"). Personal Information includes the following categories of information:

(a) Contact data (such as name, e-mail address, phone number and any extra contact details); and

(b) Demographic data (such as time zone, postal address and location details).

If a User communicates with MagicCanvas by, for example, e-mail or letter, any information provided in such communication may be retained by MagicCanvas.

2.3 Information Collected from third parties

(a) Information obtained from other sources

MagicCanvas may receive information about the User from other online sources. MagicCanvas may add it to its account information system and treat it in accordance with the Privacy Policy. MagicCanvas may obtain updated contact information(s) from third parties in order to correct its records and fulfill the Services or to communicate with the User.

(b) Information obtained from third party websites

If the User link, connect or login to its MagicCanvas account with third-party services they may send MagicCanvas information such as User’s registered e-mail id and public profile information.

(c) Demographic and other information

MagicCanvas may reference other sources of demographic and other information to provide the User with more targeted communications and promotions. MagicCanvas use various third-party analytics service providers, among others, to track the User behaviour on our Website. They are used to support display advertising towards helping MagicCanvas gain understanding of the Users' demographics and interests. The reports are anonymous and cannot be associated with any individual personally identifiable information that the User may have shared with MagicCanvas.

(d) Transactional and Billing Information

When the User makes any transaction on the Website, MagicCanvas's payment gateway provider may collect the User’s personal information such as address or billing information, including credit/debit card number and expiration date etc. This information is stored by the payment gateway partner and such payment gateway partners are not controlled by MagicCanvas. The User visit such payment gateways at their own risk. MagicCanvas encourage the User to familiarize themself with the privacy statements provided by such payment gateways prior to providing them with information or entering into any transactions with them. MagicCanvas do not assume any responsibility or liability for such payment gateways, the content of such payment gateways and their privacy practices, nor do it endorse them.

MagicCanvas may receive financial or transactional information (for e.g., transaction ID, order ID etc.) from third party vendors in case of payments, for reconciliation and validation of transactions and also for the purpose of resolutions of complaints (in case of failed transactions and refunds).

2.4 The Website is a general audience website, and it and its related sites, applications, services, and tools are not intended for children under the age of 18.

2.5 Website may contain links to third party websites. Users agree and understand that privacy policies of these third party websites are not under control of MagicCanvas. Users understand that once a User leaves MagicCanvas's servers, use of any information such User provides will be governed by the privacy policy of the operator of the site used by such User. In addition, the Website may occasionally contain links to Third-Party Sites. If you click on the links to Third-Party Websites, you leave the Website. We are not responsible for the content of these Third-Party Websites or for the security of your personal information when you use the Third Party Websites. These third-party service providers and Third-Party Sites may have their own privacy policies governing the storage and retention of your personal information that you may be subject to. They may collect information such as your IP address, browser specification, or operating system. This Privacy Policy does not govern personal information provided to, stored on, or used by these third-party providers and Third-Party Sites. We recommend that when you enter a Third-Party Site, you review the Third Party Site's privacy policy as it relates to safeguarding your personal information. We use third-party advertising companies to serve ads when you visit the Website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to the Website and Third-Party Websites in order to provide advertisements about goods and services of interest to you.

2.6 We use data collection devices such as “cookies” on certain pages of the Website to help analyze our web page flow, measure promotional effectiveness, and promote trust and safety. "Cookies" are small files placed on your hard drive that assist us in providing our services. We offer certain features that are only available through the use of a "cookie". We also use cookies to allow you to enter your password less frequently during a session. Cookies can also help us provide information that is targeted to your interests. Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on the Site and you may be required to reenter your password more frequently during a session. Additionally, you may encounter "cookies" or other similar devices on certain pages of the Site that are placed by third parties. For example, if you view a web page created by a user, there may be a "cookie" placed within that web page. We do not control the use of cookies by third parties.

3. DISCLOSURE OF PERSONAL INFORMATION

3.1 MagicCanvas does not disclose User’s Personal Information to any third parties other than to MagicCanvas officers, employees, agents, consultants and affiliates.

3.2 MagicCanvas uses its best efforts to use Users’ information in aggregate form (so that no individual user is identified) for the following purposes:

(a) To build up marketing profiles;

(b) To aid strategic development, data collection and business analytics;

(c) To manage relationship with advertisers and partners;

(d) To audit usage of Services; and/or

(e) To enhance User’s experience in relation to provision of Services (“collectively, “Permitted Use”).

3.3 MagicCanvas reserves the right to disclose Personal Information if required to do so by law or if MagicCanvas believes that it is necessary to do so to protect and defend the rights, property and/or personal safety of MagicCanvas, the Services, or other Users.

4. CONFIDENTIALITY AND SECURITY

Except as otherwise provided in this Privacy Policy, MagicCanvas will keep all Personal Information private and will not share it with third parties, unless MagicCanvas believes in good faith that disclosure of such Personal Information or any other information MagicCanvas collects about Users is necessary for Permitted Use or to:

(a) Comply with a court order or other legal process;

(b) Protect the rights, property or safety of MagicCanvas or another party;

(c) Enforce the Agreement, including Terms; and/or

(d) Respond to claims in relation to violation of rights of third-parties by MagicCanvas.

5. SECURITY

5.1 The security of Users’ Personal Information is important to MagicCanvas. MagicCanvas follows generally accepted industry standards to protect the Personal Information submitted to MagicCanvas, both during transmission and once MagicCanvas receives it.

5.2 Although MagicCanvas makes best possible efforts to store Personal Information in a secure operating environment that is not open to the public, Users should understand that there is no such thing as complete security, and MagicCanvas does not guarantee that there will be no unintended disclosures of Personal Information. If MagicCanvas becomes aware that certain Personal Information has been disclosed in a manner not in accordance with this Privacy Policy, MagicCanvas will use reasonable efforts to notify the concerned User of the nature and extent of such disclosure (to the extent MagicCanvas is aware of that information) as soon as reasonably possible and as permitted by law.

6. UPDATES AND CHANGES TO PRIVACY POLICY

MagicCanvas reserves the right, at any time, to add to, change, update, or modify this Privacy Policy. Users are requested to review this Privacy Policy frequently. If any change has been incorporated in this Privacy Policy by MagicCanvas, then MagicCanvas will post such changes on this page. In all cases, use of information MagicCanvas collects is subject to the Privacy Policy in effect at the time such information is collected by MagicCanvas .

7. USERS’ RIGHTS

7.1. Users have a right to correct any errors in such User’s Personal Information available with MagicCanvas. A User may request MagicCanvas in writing that MagicCanvas ceases to use such User’s Personal Information. MagicCanvas may stop providing Services to such a User, if so required.

7.2. For withdrawing its consent at any time with MagicCanvas, the User may choose to do so by sending MagicCanvas an e-mail. MagicCanvas shall review such request and may ask the User to verify its identity. Post verification MagicCanvas will withdraw the consent for which request was made by the User and stop any further processing of its Personal Information

8. COMPLAINTS

The User can write to MagicCanvas in case of any grievance or compliant at the support e-mail address. If the User have any complaints regarding processing of its Personal Information, the User may contact the officer at the below mentioned e-mail address.

9. RESTRICTION OF LIABILITY

9.1 No warranty of any kind, implied, expressed or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given with respect to the Services provided by MagicCanvas, including provision of Website.

9.2 Any reference on the Website to any specific commercial products, processes, or services, or the use of any trade, firm or corporation name is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favoring by MagicCanvas.

9.3 Services provided by MagicCanvas only include provision of an online platform for facilitating buying and selling of Art Work and promotion of art, unless otherwise has expressly been provided in the Terms. The products made available through the Services for sale are sold on ‘as-is’ basis and MagicCanvas has no responsibility with respect to adequacy, relevancy or authenticity of such products listed by other Users. MagicCanvas is not responsible for any information provided by one User to the other User in the course of Service and this Privacy Policy governs MagicCanvas's relationship with the Users only with respect to information provided by the Users to MagicCanvas and/or the information collected by MagicCanvas from the Users.

10. SUPPORT

10.1 If the User require any information or clarification regarding the use of the Personal Information or this Privacy Policy or grievances with respect to use of the Personal Information, please email MagicCanvas at getmagicanvas@gmail.com

Last updated on Oct16, 2021.