Privacy Policy

Last Updated and Effective Date – March 1, 2023

This Privacy Policy describes the manner in which Maguey Exchange, Inc. and its affiliates (collectively, the “Maguey Exchange,” “we,” “our,” “us”) use personally identifiable information (“Personal Information”) in operating our websites, our mobile and other apps, and any other online service that displays or provides an authorized link to this Privacy Policy (collectively, the “Services”).

By using our Services, you consent to the practices described in this Privacy Policy. If you have any questions about this Privacy Policy, please contact us at using the subject line “Privacy.”

Personal Information the Maguey Exchange Collects and Receives.

We collect and receive the following types of Personal Information:

Personal Information You Provide to the Maguey Exchange Directly. We receive the Personal Information you choose to provide when using our Services.

     - For example, in connection with certain uses of our Services, such as when you register for our Services, sign up to receive electronic or other marketing communications, sign up to learn more about our upcoming events, enter a contest or sweepstakes, or communicate with customer service, you may be asked to provide information about yourself including your first and last name, mailing address, phone number, email address, mobile phone number and/or information about your use of our Services.

 Personal Information the Maguey Exchange Collects or Receives When You Use Our Services. We also may collect or receive Personal Information when you use our Services. We collect some of this Personal Information using cookies, web beacons, and other technologies. This Personal Information that we collect automatically may be combined with Personal Information that you provide us directly in order to personalize content and advertising based on your interests. Depending on how you access and use our Services, we may receive:

     - Log information. This is Personal Information we automatically collect and store when you use our Services. It may include, for example:

   §  Information about your interactions with our Services, including the content you view, the amount of time spent on our Services, the date on which you accessed our Services, and information in cookies and similar technologies; and
   §  Information about how you access our Services, including your browser or operating system, your Internet Protocol (“IP”) address, and the websites you visit before and after visiting our Services.

     - Device information. This is Personal Information we collect and store concerning the device you use when you access our Services. (Note that by “device,” we mean any equipment or technology you use to access our Services.) Device information may include, for example:

  § The type of device you are using (e.g., your particular brand of phone or tablet);
  §  Certain device identifiers which may be unique to your device;
  § Your Internet service provider; and
  § Depending on your permissions, content you have stored on your device (e.g., contacts stored on your phone).

     - Location information. This Personal Information may include specific location information drawn from your device’s GPS, Bluetooth, or WiFi signals, including information about nearby WiFi networks, location beacons, and cell towers. We may receive this Personal Information when you use location-enabled services that we offer, and also when you use certain location-based informational, marketing, or public service applications that we or other parties offer.

   Personal Information from Third-Party Sources. We may receive Personal Information about you from third-party sources such as business partners, publicly or commercially available sources, and social networking services.

     - Business partners.  We may receive additional Personal Information about you from our business partners.

     - Publicly or commercially available sources. We may receive Personal Information about you that is publicly or commercially available, and we may combine that with the information we have collected or received about you in other ways.

     - Social networking services. We receive Personal Information about you when you choose to connect with social networking services while using our Services.

How the Maguey Exchange Uses the Personal Information We Collect and Receive.

We use the Personal Information we collect and receive for the following purposes:

   To provide our Services. We use the Personal Information we collect and receive to provide you with the Services you use or request. For example, we use this Personal Information to:

     - Create accounts;

     - Process transactions;

     - Provide technical support and respond to user inquiries;

     - Send you electronic and other marketing communications that may be tailored to your preferences and interests;

     - Notify you about updates to our Services or send other communications that are relevant to your use of our Services; and

     - Enhance our ability to detect and prevent fraud and potentially illegal activities in connection with our Services.

   To improve our operation and Services. We also use the Personal Information we collect and receive to provide content you may find relevant and interesting and to maintain and upgrade our operations and our Services. For example, we may use this Personal Information to:

     - Solicit input and feedback about our Services;

     - Identify and address technical issues on our Services; and

     - Customize your experiences based on location information or your online activities, including the content you view, the products you bid on or purchase, other Services of ours you use, and other information we collect and receive.

   To provide effective advertising and marketing. We also use the Personal Information we collect and receive to provide ads for our Services and certain third-party services, and to send you promotional communications. For example, we may use this Personal Information:

     - To show you ads (on and off our Services, including on third-party social media services) based on location information or your online activities, including the content you view, the products you bid on or purchase, the other Services of ours that you use, and other Personal Information we collect and receive; and

     - To send you electronic and other marketing messages about the Maguey Exchange or third-party business partners of the Maguey Exchange that may be tailored to your preferences and interests. (Please see below the “Your Choices” section in connection with promotional messages.)

We also may use the Personal Information we collect and receive for other purposes that may be described to you at the point of collection or for which you provide your consent.

How We Share the Personal Information We Collect and Receive.

We may share Personal Information that we collect and receive with third parties when we have your consent or as described below:

  • Our affiliates. We may share Personal Information with current and future “affiliates”, a term that includes our parent and subsidiary companies, joint venture partners, or other companies we control, are controlled by, or with which we are under common control.
  • Our service providers. We may provide Personal Information about you to service providers that perform certain functions or services on our behalf. For example, we may rely on service providers to host our Services and data, fulfill orders, provide products and services, manage databases, perform analyses or advertising services, collect location data, provide location-based services, process credit card payments, provide customer service, or send communications for us.
  • Operational partners. We may, from time to time, partner with third parties to operate certain of our Services. From time to time, in accordance with applicable laws, we may provide Personal Information about you to these operational partners to use for their own purposes. While these operational partners may use information about you to operate the Services, you should presume that these operational partners may use your information for their own purposes in accordance with their respective privacy policies.
  • Business partners. When you consent to receive news and offers from them, we may share information about you with select business partners that are not service providers, such as our sponsors, retailers, and broadcast partners, so that they can provide you with special offers, promotional materials, and other materials and information that may be of interest to you. These other business partners are expected to protect the confidentiality, integrity, and security of any information we share with them. However, we are not responsible for the privacy practices of our business partners, which may use your information for their own purposes.
  • Other parties in response to legal process or when necessary to protect us or our Services. We or our service providers may disclose your Personal Information -- including the contents of your communications -- to other parties when required or permitted by applicable law, such as when we have a good faith belief that:

          - Doing so is necessary to respond to lawful governmental requests or legal process (for example, a court order, search warrant, or subpoena);
          - The Personal Information is relevant to a crime that has been or is being committed;
          - An emergency exists that poses a threat to your safety or the safety of another person or persons; or
          - Doing so is necessary to protect our rights or property.
  • Other parties in connection with certain business transactions. In the event that the ownership of the Maguey Exchange (or any portion of our assets) changes as a result of a merger, acquisition, or in the unlikely event of a bankruptcy, your information may be transferred to another entity. Should one of these events occur, we will make reasonable efforts to notify you before your Personal Information becomes subject to different privacy and security policies and practices.
  • Interactive features. We may share Personal Information with third parties when you post Personal Information to a public a public area of our Services. If you post Personal Information to these interactive features, it will be publicly available and you may receive unsolicited messages from other parties. We cannot ensure that parties who have access to such Personal Information will respect your privacy. Please exercise caution when using these features.
  • Data that is Not Personal Information. We may create aggregated, de-identified or anonymized data from the Personal Information we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and share it with third parties for our lawful business purposes, including to analyze, build and improve the Services and promote our business, provided that we will not share such data in a manner that could identify you.

Third Parties That Provide Content, Advertising, or Functionality on Our Services.

Some of the content, advertising, and functionality on our Services may be provided by third parties that are not affiliated with us. Such third parties include, for example:

  •  Advertising providers, which help us and our advertisers provide ads (on our Services or elsewhere online) that may be tailored to users’ interests and understand users’ response to those ads;
  •  Audience-measurement companies, which help us measure the overall usage of our Services and compare that usage to other online services;
  •  Social networking services (such as Facebook, Twitter, and Google), which enable you to log in to certain of our Services, to comment on content available on our Services, and to share things you find on our Services with your social network; and
  •  Mobile location analytics providers, which use location-specific data to facilitate the transmission of informational, marketing, and public service communications to you.

These and other third parties may collect and receive information about your use of our Services, including through the use of cookies, web beacons and other technologies, and this Personal Information may be collected over time and combined with Personal Information collected on different websites and online services, including, for example, to deliver ads that are more relevant to you, both on and off our websites. Social networking services may be able to collect Personal Information about you, even if you do not click on or interact with their content on our Services or have an account with the social networking service.

Tracking Tools and Opt-Out

The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser, tell us how and when you visit and use our Services, analyze trends, learn about our user base and operate and improve our Services. Cookies are small pieces of data– usually text files – placed on your computer, tablet, phone or similar device when you use that device to access our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s). Please note that because of our use of Cookies, the Services do not support “Do Not Track” requests sent from a browser at this time.

We use the following types of Cookies:

  • Essential Cookies. Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Services. Disabling these Cookies may make certain features and services unavailable.

You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Services and functionalities may not work. 

To explore what Cookie settings are available to you, look in the “preferences” or “options” section of your browser’s menu. To find out more information about Cookies, including information about how to manage and delete Cookies, please visit

Your Choices.

You have a number of choices about how we handle Personal Information we collect and receive about you.

  • Email. You may opt out of receiving future promotional email communications from us by clicking the “Unsubscribe” link in the footer of promotional email communications and updating your preferences. Please note that we may continue to send you transactional or service-related emails regarding your account.
  •  SMS and MMS. You may opt out of receiving promotional SMS and MMS messages (i.e., text messages) from us by replying “STOP” to any message, which is free of charge. Please note that we may respond to your opt-out request with a message confirming that you have successfully opted out.
  • Access, Update, or Correct Information and Other Data Subject Rights. You may have certain rights as a data subject under local law. For example, you may have the right to access, update, or correct inaccuracies in your personal information in our custody and control, subject to certain exceptions prescribed by law. If you would like to access, review, or update your information or otherwise exercise your rights, please contact us at using the subject line “Privacy.”
  • Location Information. If you use location-enabled services or applications covered by this privacy policy, you may be provided with an opportunity to opt out of having your location information collected and/or used for certain purposes. However, if you exercise such an opt-out option you may not be able to enjoy all of the functionalities offered by those services or applications. You also may be able to limit the collection of your location information through the settings on your device.

Security and Retention.

We seek to protect your Personal Information from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Information and how we are processing that data. Although we work to protect the security of your data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.

We retain Personal Information about you for as long as necessary to provide you with our Services. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally. 

Children’s Privacy.

We do not knowingly collect or solicit Personal Information about children under sixteen (16) years of age; if you are a child under the age of 16, please do not attempt to register for or otherwise use the Services or send us any Personal Information. If we learn we have collected Personal Information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided Personal Information to us, please contact us at

Third Party Links.

Our Services may contain links to other sites that we do not own or operate. Also, links to our Services may be featured on third party services on which we advertise. Except as described in this Privacy Policy, we will not provide any of your Personal Information to these third parties without your consent. We provide links to third party services as a convenience to our users. These links are not intended as an endorsement of or referral to the linked services. The linked services should have separate and independent privacy statements, notices, and terms of use, which we recommend you read carefully. We do not have any control over such services, and therefore we take no responsibility and assume no liability for the manner in which the entities that operate such linked services may collect, use, disclose, secure, or otherwise treat your Personal Information. 

State Law Privacy Rights.

California Resident Rights: Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Information to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at

Nevada Resident Rights: If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us at with the subject line “Nevada Do Not Sell Request” and providing us with your name. We do not sell Personal Information.

International Transfers of Personal Information.

The Maguey Exchange’s headquarters is in the United States, and, regardless of where you use our Services or otherwise provide information to us, your information may be transferred to, maintained, and processed by the Maguey Exchange, its affiliates, and our operational partners and service providers in the United States. Please note that U.S. privacy laws, regulations, and standards may not be equivalent to the laws in your country of residence and such information may be subject to lawful access by U.S. courts, law enforcement, and governmental authorities. By using our Services or by providing us with your information, you consent to this collection, transfer, storage, and processing of information to, in, and out of the United States.

Changes to this Privacy Policy.

We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time, but we will alert you to any such changes by placing a notice on the Maguey Exchange website, by sending you an email and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.

Contact Us.

If you have any questions about this Privacy Policy or our privacy practices, please contact us noting “Privacy” for the subject line or any email or write to us at:

Maguey Exchange
459 Columbus Ave #4047
New York, NY 10024
United States