Merchants’ Privacy Policy

Last updated: 30 Mar 2022

Where this privacy policy refers to “we”, “us, “our”, it means Magicwant or Foonza Media Ltd  (Company”) that processes your personal data for its respective independent purposes. Except as stated otherwise, Company is an independent controller of your personal data.

We are committed to protecting the privacy of individuals who are representatives of a company which has a corporate relationship with Magicwant, or is a prospective business partner of Magicwant, including Merchants, Delivery Partners and Customers,

This includes Merchant Representatives who use technology provided by or on behalf of Magicwant including all our Applications, Services, and websites. 

First things first

We respect your privacy and do not tolerate spam and will never sell, rent, lease or give away your information (name, address, email, etc.) to any third party with the intention of monetising or establishing business collaboration. Nor will we send you unsolicited email.

Please read the following privacy policy which explains how and why we collect, use and protect your information under the following headings:

  • Contact details
  • Information that we collect about you
  • Use of your information and why
  • Direct marketing
  • Sharing your information
  • Retention of your information
  • Your rights
  • Changes to our privacy policy
  • Complaints
  • MagicwanrtCompany Details

Contact Details

If you have any queries or requests concerning this privacy policy or how we handle your data more generally, you can get in touch with us using the following details.

  • By contacting our general customer services team at: care@magicwant.com
  • By contacting our Data Protection Officer: dpo@foonzamedia.com

Information that we collect about you

We collect your information in a variety of ways, such as when we onboard a Merchant as a new partner and you use our Applications. More details about how your information is collected are listed below.

Lead generation

In some instances, when looking for opportunities with new Merchants, we may have obtained your contact details from a our landing pages, third party source, such as LinkedIn, Google, a publicly available source or business data provider, or another business contact may have provided us with your details.

Negotiation of a contract and onboarding a new Merchants

When we are on-boarding a new Merchant, we ask you to provide information about yourself including your name, contact details and business address.

During the onboarding process, we create a business profile for the Merchant and we will ask you to provide information in order to create and maintain this profile, which will include business address, contact details, location, contact number and your bank account number, sort/IFSC code etc to route payments.

3. Information We Collect From You

Once a new Merchant  has been onboarded we process your personal data as a, for the purposes of letting you use our Applications efficiently.

We collect technical information from your mobile device or computer, such as its operating system, the device and connection type and the IP address from which you are accessing our Applications.

Payment

When we make payments to or receive payments from Customers or Merchants we produce payment files (which are transferred to third party Payment Gateways for the purposes of processing payments).  

Your location

When you have provided permission at a device level, we may process location data obtained from your use of the Applications via our security providers. This is collected for the reasons explained in section 3 below. 

Support

When a Merchant requires support from us (“Business Support”) we collect certain information, such as information about your query, including notes regarding the issue, your use of devices (if relevant) and your contact details, as a Merchant/Representative

When you interact with our Business Support team via email, phone, post, chat or on the Business Apps, including when you report any incident, our team may collect and use information about you. Your communications with us will be stored. If you contact the support team by phone, your calls may be recorded for internal support training and improvement purposes.

Cookies

We use cookies or other similar technologies to enable auto-login for you into the Applications and to obtain technical information about your device that may affect the technical functionality of the Applications, for example, certain characteristics of and performance data about your device, Business App and operating system, including your device type, network connection type, app version, phone language, screen size and platform.

You have the right to use your device settings to reject or remove these functional technologies, however please be aware that if you do this, the Applications will not function correctly and you lose the ability to carry out certain functions on these Applications.

Information about the services

If a Merchant takes advantage of third party services offered by service providers on our applications, we will share with the service provider those information  only required by the service provided to extend their service to you.

We may collect information about you from the feedback you send us or provide to us through focus groups or surveys.

When you use websites or applications of third parties in connection with the services being provided by Magicwant, including during the onboarding process, those sites or applications may collect and process your information independently of us. We recommend that you check their privacy policies to understand how they process your personal data.

Use of your information and why

We will only process the data we collect about you if there is a reason for doing so, and if that reason is permitted under data protection law. We will have a lawful basis for processing your information if: we need to process your information for the performance of a contract with you, or at your request before we enter into a contract; we have your consent; we have a justifiable reason for processing your data; it is in the public interest for us to process your data; or we are under a legal obligation to do so.

We process your data where we have a justifiable reason for doing so. We have listed these reasons below:

To facilitate the contract between Magicwant, Merchants and Customers

  • to provide and manage the Magicwant Applicatiobs, account, and onboarding process, including to execute the agreement between the Merchants, Customers and Magicwant.
  • to provide you with access to and use of our Applications as a means of Magicwant providing the business with services, including to enable the business to make orders;
  • to communicate with you about operational information relating to any services being provided to you by us, such as any important changes or developments to our Applications and about your upcoming booked orders; 
  • to enable Business Support to communicate with you to support the provision of services to our Merchants and Customers; and
  • to enable us to process payments to Merchants. 

To communicate with you

  • to help you to complete the operations on our application;
  • to contact you for your feedback on your experience;
  • to provide you with news and information in connection with Magicwant and to help you to understand more about us, by email or phone; 
  • to inform you of Magicwant product updates; and
  • to provide support to you for live operations.  

For onboarding and managing our relationship with Merchants and Customers

  • to create and maintain Merchant account information;
  • to enable our Business Support, tech and engagement teams to help you with any issues, enquiries or complaints efficiently and effectively, including to fix any bugs or other technical issues in our Applications using technical information relating to your device;
  • to use location data for the purposes of confirming the position of your business/shop (if relevant) to avoid customers and delivery partners arriving at the incorrect location; 
  • to arrange to take pictures of shop premises for our applications or website; and
  • to maintain a list of Merchants that Magicwant has onboarded. 

To develop our business, systems and services

  • to understand from your data what attributes to a positive or negative customer, Merchant and what might be inefficient features, UI/UX, tools, and use this data to responsibly design, develop, test and implement new tools, processes, and relationships to improve our business, systems and services;
  • to interact with you (such as via communications or Applications functionality) to encourage our product’s efficiency based on our analysis of your services; and
  • to analyse your activity on our applications so that we can administer, support, improve our product and tools to better serve you and your customers and for statistical and analytical purposes and to help us to prevent fraud.  

To protect Magicwant

  • for the exercise or defence of legal claims and to exercise and protect the rights of Magicwant, Merchants, customers, or others, including determining our liability;
  • to enforce the terms of the Agreement and keep records of such enforcement, including using your data to analyse whether you have breached the Agreement (such as by misusing our Applications or acting fraudulently), which may result in us disabling or terminating the Agreement if we have the right to do so; and
  • to investigate any complaints or incident reports relating to Magicwant’s relationship with Merchants, Customers and to prevent fraud or other misuse of our systems and services. 

We also process your personal data where we are under a legal obligation to do so we may use your information:

  1. to keep a record of payments made to or from Merchants, to the extent they include your personal data; and  
  2. to comply with any other legal obligation or regulatory requirement to which we are subject.

Where we rely on our justifiable reasons for processing as a basis for processing your personal information, we carry out a ‘balancing test’ to ensure that our processing is necessary and that your fundamental rights of privacy are not outweighed by our justifiable reasons for processing. You can find out more information about these balancing tests by contacting us using the details above.

Direct marketing

Where we have a justifiable reason for doing so (and are permitted to do so by law) we will use your information to let you know by email about our products and services, in which case we will obtain your consent prior to sending the relevant communication. You always have the option to unsubscribe from these emails.

Sharing your information

The information we collect about you will be transferred to and stored on our servers located in London. We are very careful and transparent about who else your information is shared with globally.

We respect your privacy and do not tolerate spam and will never sell, rent, lease or give away your information (name, address, email, etc.) to any third party with the intention of monetising or business collaboration. Nor will we send you unsolicited email.

Sharing your information with third parties: We share your information with third party service providers who will store your information on their servers. The types of third party service providers with whom we share your information with includes:

IT service providers: including cloud, software, analytics, communications and data storage providers and SDKs.

Operational service providers: including feedback and survey providers, onboarding providers, our support service providers, payment gateways, user research partners, professional advisors, financial services providers and other suppliers, business partners, contractors and subcontractors.

Suppliers: Where a Delivery Partner is registered on our applications, we will share your contact details with the partner in order to facilitate transactions on our applications.

In applicable circumstances, we may also share your information:

  1. If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your information may be disclosed or transferred to the target company, our new business partners or owners or their advisors;
  2. if we are under a duty to disclose or share your information in order to comply with (and/or where we believe we are under a duty to comply with) any legal obligation or regulatory requirement. This includes where we’re under a legal obligation to respond to police data requests or to exchange information with other companies and organisations for the purposes of fraud protection and prevention;
  3. in order to enforce our contractual terms with our Merchants and Users;
  4. in the event of a dispute relating to the partner services to Magicwant or the services provided to our  Partners or to protect the rights of Magicwant, Merchant partners, customers, or others, including to prevent fraud; and
  5. with such third parties as we reasonably consider necessary in order to detect or prevent crime, e.g. the police.

International data transfers: In some cases the personal data we collect from you might be processed outside of the country in which you reside, such as in the United Kingdom, United States or one of the EU countries, and in the other countries in which Magicwant operates. We are obliged to ensure that the personal data that is processed by us and our suppliers outside of your country is protected in the same way as it would be if it was processed within your country. There are therefore certain safeguards in place when your data is processed internationally.

Where your data is being transferred from within the European Economic Area to outside of it, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  1. your personal data is transferred to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission;
  2. we use the EU approved Standard Contractual Clauses; or
  3. where your personal data is transferred to third party providers based in the US, data may be transferred to them if they have self-certified under the Privacy Shield framework in relation to the type of data being transferred, which requires them to provide similar protection to personal data shared between the EU and the US.

Please contact us using the contact details above if you want further information on the countries to which personal data may be transferred and (if applicable to you country) the specific mechanism used by us when transferring your personal data out of your country.

Retention of your information

We will not retain your information for any longer than we think is necessary for our purposes. Information that we collect will be retained for as long as needed to fulfil the purposes outlined in the ‘Use of my information’ section above, in line with our justifiable reasons for processing or for a period specifically required by applicable regulations or laws, such as retaining the information for regulatory reporting purposes.

When determining the relevant retention periods, we will take into account factors including:

  1. our contractual obligations and rights in relation to the information involved;
  2. legal obligation(s) under applicable law to retain data for a certain period of time;
  3. statute of limitations under applicable law(s);
  4. our justifiable reasons for processing where we have carried out balancing tests (see section on ‘Use of your information and why’ above);
  5. (potential) disputes; and
  6. guidelines issued by relevant data protection authorities.

Your rights

Under your local data protection law, you may have a number of rights concerning the data we hold about you. For additional information on your rights in your local country, please contact your data protection authority. If you wish to exercise any of these rights, please contact us using the contact details set out below. If you are in the EU, you have the following rights under EU data protection law:

  • The right to be informed. You have the right to be provided with clear, transparent and easily understandable information about how we use your information and your rights. This is why we’re providing you with the information in this policy.
  • The right of access. You have the right to obtain access to your information (if we’re processing it). This will enable you, for example, to check that we’re using your information in accordance with data protection law. If you wish to access the information we hold about you in this way, please get in touch (see Contact Details).
  • The right to rectification. You are entitled to have your information corrected if it is inaccurate or incomplete. You can request that we rectify any errors in the information that we hold by contacting us (see Contact Details).
  • The right to erasure. This is also known as ‘the right to be forgotten’ and, in simple terms, enables you to request the deletion or removal of the information that we hold about you by contacting us (see Contact Details). The right is not absolute and only applies in certain circumstances.
  • The right to restrict processing. You have rights to ‘block’ or ‘suppress’ further use of your information. When processing is restricted, we can still store your information, but will not use it further.
  • The right to data portability. You have the right to obtain your personal information in an accessible and transferrable format so that you can re-use it for your own purposes across different service providers. This is not a general right however and there are exceptions. To learn more please get in touch (see Contact Details).
  • The right to lodge a complaint. You have the right to lodge a complaint about the way we handle or process your information with a competent data protection authority (see Complaints).
  • The right to withdraw consent. If you have given your consent to anything we do with your information (i.e. if we rely on consent as a legal basis for processing certain information), you have the right to withdraw that consent at any time. You can do this by contacting us (see Contact Details). Withdrawing consent will not however make unlawful our use of your information while consent had been apparent.
  • The right to object to processing. You have the right to raise an objection to certain types of processing, including processing for direct marketing and profiling. You can object by contacting us on the details above (Contact Details).

Changes to our privacy policy

Any changes to our Privacy Policy will be posted on our website and to our applications and, as appropriate, through notification in the Business App or by email.

Complaints

If you’re not satisfied with our response to any complaint or believe our processing of your information does not comply with data protection law, you can make a complaint to the data protection regulator in your local jurisdiction or by contacting Magicwant using the contact details in the Contact Us section:

UK – The Information Commissioner’s Office (ICO) 

Address: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF

Telephone number: 0303 123 1113

Website: www.ico.org.uk

Roofoods Limited, The River Building, 1 Cousin Lane, London, EC4R 3TE, United Kingdom

Magicwant’s Company Details

Magicwant.co.uk is operated by Foonza Media Ltd, a company incorporated and registered in England and Wales, whose registered office is at 12, Rookery Rise, Winsford, Chester, CW7 3EA, United Kingdom.