THE SPARK PROJECT LLC
LAST UPDATE: 11/21/2019
Consent to Data Collection and Processing
You hereby agree with and consent to the collection and processing of your personal information as described in this Policy.
Consent to International Data Transfers
Your personal information may be collected, processed and stored by Spark or its services providers in the United States and other countries where our servers reside. Please be aware that the privacy protections and legal requirements, including the rights of authorities to access your personal information, in some of these countries may not be equivalent to those in your country. You hereby agree with and consent to the transfer of your personal data to the United States and other countries where Spark operates.
Withdrawal of Consent
You have the right, at any time, to withdraw your consent to Spark’s collection and processing of your information, or to the transfer of your personal data to the United States and other countries where Spark operates. You may withdraw your consent by emailing Spark at [email@example.com].
2. COLLECTION AND USE OF PERSONAL INFORMATION
As you interact with Spark, there may be opportunities for you to provide us with your information. Additionally, we may collect certain information about your as further described below.
You may provide us with information about you s through a number of sources: Spark websites, applications, product and related events, surveys, social media platforms, sweepstakes entries, and through our customer contact centers.
The categories of information that Spark collects about you may include, but are not limited to:
- Identifiers/Contact information (such as name, address, city, state and ZIP code, email address, telephone number, unique personal identifier, online identifier, IP address, Social Security number, driver’s license number, passport number, or other similar identifiers)
- Demographic information (such as gender, date of birth, marital status, and household composition)
- Professional or employment related information (such as current or past job history)
- Non-public education information (such as education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records)
- Payment information (such as your credit card number, CVV code, and expiration date)
- Information about your connected devices (such as mobile phone, computer, or tablet) and how you interact with our products, services, apps, and websites (such as IP address, browser type, unique device identifier, cookie data, and associated identifying and usage information)
- Marketing profile information
- Photographs and videos such as those that you may submit for contests, sweepstakes and social sharing
- Relationships you have with Spark
- Incentive eligibility verification information (such as college name or branch of service)
- Social Security Number (in limited circumstances Spark may collect SSNs, for example if you win a sweepstakes or receive compensation that must be reported for government tax purposes)
- Investor Information (name, address, phone number, and email address.
- Inferences drawn from other personal information (such as personal preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes)
We obtain the categories of personal information listed above from the following categories of sources:
- Directly from you as described herein;
- Indirectly from you. For example, through information we collect in the course of providing services and products.
- Directly and indirectly from activity on this Site.
- From third-parties that interact with us in connection with the services and products we provide.
- The information Spark collects about you and your devices may be used:
- To provide products and services and maintain customer relationships
- To improve the quality, safety, and security of our products and services
- To administer your account(s) and process your payments for products and services
- To operate our websites and applications, including online registration processes
- To autofill data fields on our websites or applications to improve your online experience
- To develop new products and services
- To provide customer support and service (such as recall information)
- For warranty administration and validation
- To provide information and product updates
- For research, evaluation of use, and troubleshooting purposes
- For marking and analytics purposes
- To customize and improve communication content
- To comply with legal, regulator, or contractual requirements
Communications with you in connection with these uses may be via mail, telephone, e-mail, text message, social medial, or other electronic messages, or via our websites and applications.
Personal Information You Provide
The privacy and security of the personal information that Spark collects from you is a priority for Spark. When you visit this Site you may be asked or choose to provide personal information that could reasonably be used to contact you or to identify you personally including, but not limited to: your name, address, telephone number, birth date, and email address. If you choose to purchase any products or use services offered on the Site, Spark may ask you to provide your name, mailing address, telephone number and email address, as well as certain financial information (e.g., credit card number) for the purposes of credit checks, payment and processing of any order.
- If you purchase products from the Site, we request that you provide your name, email address, billing and shipping address, credit card information, and any other information necessary to complete the transaction. Spark may utilize its third party service providers, including those located outside your country of residency, to process collected financial information to fulfill purchases.
- You may choose to receive certain communications from Spark via your email address upon interaction with the Site. From time to time Spark may include surveys, information requests, or other features on the Site which ask you to provide personal information such as your name, telephone number, email address or mailing address. Any information you may provide will be used by Spark to allow you to participate in the particular feature being offered. Spark may also retain any information you provide in order to send you information about Spark’s products and services that may be of interest to you. Spark will provide you with the opportunity to opt-out of receiving such communications. We may use one or more service providers to administer these messages, but we do not share your email address with spammers or any other third parties without your permission.
- From time to time, Spark may offer sweepstakes, games and other contests on the Site either by itself or in conjunction with a third party partner. You may be asked to provide your name, mailing address and/or email address and date of birth, as well as certain other information on an optional basis (e.g., your gender or annual household income), in order to participate in such sweepstakes or contest. This information may also be used by spark or its third party partner to send you information about Spark’s or such third party partner’s products and services in the form of an email or regular mail communication or a telephone call. Spark will provide you with an opportunity to opt-out of receiving such communications from Spark each time you receive such a communication. However, Spark does not control, and shall not be responsible for, the privacy policies or practices of its third party partners. If you no longer wish to receive such communications from any third party partner of Spark in a sweepstakes or other contest that you may enter, you will need to contact such third party partner directly.
You will be informed what personal information is required and what information is optional when asked to submit personal information to us. By submitting personal information to Spark at this Site, you hereby consent to Spark’s collection, use and disclosure of such personal information.
We may combine the personal information you submit directly through this Site with other personal information we have collected from you, whether on- or offline. We may also combine it with information we receive about you from other sources, such as other companies, publicly available information sources (including information from your publicly available social media profiles), and other third parties.
Information submitted by users to the Store(s) will be transmitted to and shared with third parties that may be located in other countries, in order to provide services to such users, including but not limited to transaction processing and fraud prevention.
Passive Information Collection and Use
As you navigate around this Site, certain information can be passively collected (that is, gathered without you actively providing the information), using various technologies. We passively collect and use information in a variety of ways, including:
- Through your browser and Device: Certain information is collected by most browsers, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system version, and Internet browser type and version. We collect Device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). We may associate your device identifiers or phone number with your Spark Account.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) to disable existing cookies; or (iii) to set your browser to automatically reject any cookies. If you set your browser to reject cookies, part of the Site may not work for you.
- Pixel tags, web beacons, clear GIFs, or other similar technologies: These may be used in connection with some Site pages to, among other things, track the actions of Site users and compile statistics about Site usage and response rates.
- IP Address: Your IP Address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider. An IP Address is identified and logged automatically in our server log files whenever a user visits this Site, along with the time of the visit and the page(s) that were visited. Collecting IP Addresses is standard practice on the Internet and is done automatically by many web sites. We use IP Addresses for purposes such as calculating Site usage levels, helping diagnose server problems, and administering this Site.
- Do Not Track Requests: Your selection of the “Do Not Track” option provided by your browser may not have any effect on our collection of cookie information for analytic and internal purposes. The only way to completely opt out of the collection of any information through cookies or other tracking technology is to actively management the settings on your browser or Device to delete and disable cookies and other tracking/recording tools. Please note, depending on your type of Device or browser, it may not be possible to delete or disable all tracking mechanisms on your Device.
We permit third-party advertising partners to use the foregoing tracking technologies to collect information about your browsing activities over time and across different websites when you use the Site. For example, we use advertising services providing by third-party ad partners, such as Google, to market our service to you on other websites and online services. Through a process called “retargeting,” each service places a cookie on your browser when you visit the Site so that they can identify you and serve you ads on other sites around the web based on your browsing activity. To avoid use of this information for advertising by these third-party ad partners, you can change your browser settings to reject cookies or to notify you when cookies are set and you could select the Do Not Track option on your browser, though we have no control over and cannot confirm whether these third-party ad partners honor the Do Not Track browser signal. Additionally, many advertising companies are members of the NAI or DAA and/or provide opt-outs on those industry pages at networkadvertising.org/choices or aboutads.info/choices.
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website. Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.
Integrated Accounts and Social Media Information
We may implement applications or “widgets” from third party providers (e.g., Facebook, Twitter, Instagram, LinkedIn, etc.) that allow interaction, integration or content sharing with third party services. These widgets or applications may be visible on a page you visit on our Site or may require log-in through the third party provider’s service. The third party providing the widget or integration may offer controls for you to manage your interactions. Any interaction with a third party widget or application typically allows the third party to collect some information about you (whether through cookies, registration information or otherwise). These third parties may even track you when you do not interact with the widget. If you have engaged any of these third party service providers, their respective privacy policies will govern their tracking and collection of information. You should review these third party policies to understand these practices.
How We Use and Disclose Information
We may disclose personal information that we collect or you provides as described in this Policy. The information may be disclosed to third parties for a business purpose to the following categories of third parties:
- To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To third parties to market their products or services to you if you have consented to these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To our affiliates for related business purposes.
We use and disclose personal information you provide to us as described to you at the point of collection, such as when you (1) register for a user account, (2) submit payment or credit card information, (3) submit your name and e-mail address to receive product updates and marketing information, and (4) send e-mail messages or feedback, or transmit other information by e-mail. When you elect to engage in such activities, we may ask that you provide us personal information, such as your first and last name, mailing address (including zip code), e-mail address, mobile telephone numbers, and payment information.
We also use and transfer personal information from or about you:
- to respond to your inquiries and fulfill your requests, such as to send you documents you request or e-mail;
- to send you important information regarding our relationship with you or regarding this Site, changes to our terms, conditions, and policies and/or other administrative information; and
- for our business purposes, such as marketing new products and services, data analysis, audits, developing new products or services, enhancing our Site, improving our products and services, identifying Site usage trends, and determining the effectiveness of our Site.
- to our third party service providers who provide services such as website hosting and moderating, mobile application hosting, data analysis, infrastructure provision, credit card processing, IT services, e-mail services, marketing services, auditing services, and other services, in order to enable them to provide services;
- to verify your information, approve your registration as a user of the Site, authenticate payments and process orders, Spark may disclose certain financial and other information you provide to Spark to third parties offering products and services for sale on the Site, as well as to third parties that provide credit reporting, payment or order fulfillment services;
- You may submit information about new clubs related to Spark products or stories and photographs for inclusion in Spark’s online scrap book or Spark’s social media platforms. Any information you submit to Spark for posting on the Site may be available to the public and may be collected and used by persons other than Spark. You should not submit to Spark any information that you do not want others to know. Spark does not routinely monitor these areas of the Site, and you submit such information to Spark for posting only at your own risk.
- to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings); and
- when we otherwise have your consent. For example, if you sign up for programs offered by our partners, we may share certain information with the partner. This could include, but is not limited to, enrollment information and the activation status of your device. Your consent is required to allow these exchanges on your behalf and you can change your mind at any time.
We also use and disclose information we collect passively as described above, under “Passive Information Collection and Use,” and for any other purpose, except where we are required to do otherwise under applicable law (for example, if we are required to treat such information as personal information). In addition, we may use and disclose information that is not in personally identifiable form (such as anonymized, masked or de-identified information) for any purpose. If we combine information that is not in personally identifiable form with information that is (such as combining your name with your geographical location), we will treat the combined information as personal information as long as it is combined.
In the preceding twelve (12) months, we have not sold any personal information.
Use of Information for Marketing Purposes
Spark and our affiliates may send you regular promotional communications about our products, services, events and promotions. Such promotional materials may use the “Spark” brand and may be sent to you via different channels, such as: email, phone, SMS text messages, postal mailings, and third party social networks.
In order to provide you with the best personalized experience, sometimes these communications may be tailored to your preferences (for example, as you indicate these to us, as we may have inferred from your Site visits, or based on the links you click in our emails). When required by applicable law, we will obtain your consent before starting these activities. In addition, you may withdraw your consent (opt-out) at any time.
In particular, you can opt-out from receiving marketing-related emails by following the unsubscribe instructions provided in each email. If you can sign-in to your Spark account, you may be able to change your communication preferences under the relevant section of the Site. You can also contact us using the contact details provided below to opt-out from receiving marketing-related communications.
Please note that even if you opt-out from receiving marketing communications, you might still receive administrative communications from us, such as technical updates of our products, order confirmations, notifications about your account activities, and other important notices.
3. GENERAL PRINCIPLES FOR THE PROCESSING OF PERSONAL INFORMATION
Personal information will be collected, stored, processed and transmitted in accordance with Spark’s established policies and applicable federal, state, local and foreign laws, rules and regulations.
The principles of Spark with respect to the processing of personal information are as follows: (1) personal information will be processed fairly and lawfully, (2) personal information will be collected for specified, explicit, and legitimate purposes and not further processed for incompatible purposes, (3) personal information collected by Spark will be adequate, relevant, and limited to what is necessary in relation to the purposes for which they are collected and processed, (4) personal information collected by Spark will be accurate and, where necessary, kept up to date to the best of our ability, (5) personal information collected by Spark will be retained as identifiable data for no longer than necessary to serve the purposes for which the personal information was collected, and (6) personal data will be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures.
If Spark engages in the processing of personal information for purposes other than those specified in this Policy, Spark will provide notice of these changes, the purposes for which the personal information will be used, and the recipients of personal information.
4. THIRD PARTY SITES AND SERVICES
This Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any site or web property (including, without limitation, any application) that is available through this Site or to which this Site contains a link. The availability of, or inclusion of a link to, any such site or property on this Site does not imply endorsement of it by us or by our affiliates.
Third parties may offer products and services on the Sites and collect information about you by requesting certain information necessary to provide a particular product or service (including, for example, insurance coverage for your Spark products or reports of insurance claims). Spark may also obtain certain information about its users from third party customer research groups (e.g., demographic information) which Spark uses to learn more about its customers. Spark does not control the policies and practices of third parties in relation to the use and disclosure of any information about users collected by third parties on the Site or in market research programs conducted by such third parties and any use or disclosure of such information by third parties is not governed by this Policy.
5. CHOICES AND ACCESS
We give you choices regarding our use and disclosure of your personal information. Spark provides you with the opportunity to receive information by email, regular mail or telephone calls from Spark, or third parties which may be of interest to you, including information relating to new products and services offered on the Site by Spark, or other third parties. If you do not want to receive any information by email, regular mail or telephone calls, you may opt-out of further communications provided by Spark at any time by: (i) sending Spark an email at [EMAIL]; or (ii) writing to Spark at [ADDRESS], Attention: Webmaster. Please note that Spark can only comply with requests relating to email, regular mail or telephone communications provided by Spark. If you no longer wish to receive further information by email, regular mail or telephone from any third party, you will need to contact such third party directly to opt-out of further communications being provided to you. We will seek to comply with your request(s) as soon as reasonably practicable.
If applicable, and you would like to review, correct, update, or delete the personal information that you have provided via this Site, please contact us. We will try to comply with your request as soon as reasonably practicable.
It is your responsibility to provide Spark with accurate personal information. Except as otherwise set forth in this Policy, Spark shall only use personal information in ways that are compatible with the purposes for which it was collected or subsequently authorized by you. To the extent necessary for these purposes, Spark shall take reasonable steps to ensure that personal information is accurate, complete, current and relevant to its intended use.
7. YOUR RIGHTS OVER YOUR INFORMATION
By law, you have a number of important rights. In summary, those include the following:
- fair processing of your personal data and transparency over how we use your personal data;
- require us to correct any mistakes in your information which we hold;
- require the erasure of personal data concerning you, in certain situations;
- receive the personal data concerning you that you have provided to us, in a structured, commonly used and machine readable format, and have the right to transmit that data to a third party, in certain situations;
- object at any time to processing of personal data concerning you for direct marketing;
- object to decisions being taken by automated means that produce legal effects concerning you or similarly significantly affect you; and
- object in certain other situations to our continued processing of your personal data.
If you would like to exercise any of these rights, please email, call, or write to us with the following: (1) enough information to identify you; (2) proof of your identity and address; and (3) the information to which your request relates.
California Privacy Rights
The California Consumer Privacy Act (the “CCPA”) grants users of our Site that are California residents certain rights in regards to our collection of personal information. These rights include:
- The right to request the disclosures of (1) what personal information has been collected; (2) the categories of sources from which the personal information was collected; (3) the business or commercial purpose for collection or selling personal information; (4) the categories of third parties with whom the business shares personal information; and (5) the specific pieces of personal information Spark has collected;
- The right to request the deletion of their personal information that has been collected; and
- The right to opt-out of the sale of their personal information.
Under the CCPA, a data subject may only make a personal information request twice in a 12-month period. Spark will respond to such personal information request within 45 days of receiving the personal information request.
Additionally, if you are a California resident, you have the right to request information from Spark regarding the manner in which Spark shares certain categories of your personal information with third parties, for the third parties’ direct marketing purposes. California law provides that you have the right to submit a request to Spark at its designated address and receive the following information:
- The categories of information Spark disclosed to third parties for the third parties’ direct marketing purposes during the preceding calendar year; and
- The names and address of third parties that received such information, or if the nature of their business cannot be determined from the name, then examples of the products or services marketed.
You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually. You may make such a request by calling [SPARK CONTACT]
Exercising Your Rights
To exercise your rights as described herein, you may submit a verifiable consumer request to us (as described above) by either contacting us via the contact methods provided in the CONTACTING US section below or by visiting [WEBPAGE LINK/APP LINK TO CONTACT SPARK RE DATA SUBJECT RIGHTS]. Spark will not discriminate in any way against any users of the Site that exercise their rights provided by law.
8. RETENTION PERIOD
We retain your personal information for the period necessary to fulfill the purposes outlined in this Policy, unless a longer retention period is required or allowed by law or to otherwise fulfill a legal obligation.
Spark has implemented security measures designed to protect personal information provided by you against unauthorized access and use. Spark also uses commercially reasonable efforts to establish secure connections with your web browser for any transactions conducted online using a credit card or other financial information you may provide to Spark. Please be aware, however, that no data transmission over the Internet is 100% secure and any information disclosed online can potentially be collected and used by parties other than the intended recipient. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us of the problem by contacting us in accordance with the CONTACTING US section below.
10. USE OF SITE BY MINORS
We do not intentionally collect information from individuals under the age of 13. The Site is not directed to individuals under the age of 13 and we request that these individuals not provide personal information through this Site.
11. COMPLIANCE WITH LOCAL LAWS
This Policy is meant to guide Spark with respect to personal information collected from or about you at this Site. While this Policy applies to personal information generally, the local laws, rules and regulations of jurisdictions that are applicable to Spark (“Local Laws”) may require standards which are stricter than this Policy and, in such event, Spark will comply with applicable Local Laws. Specific privacy policies may be adopted to address the specific privacy requirements of particular jurisdictions. All the information you provide may be transferred or accessed by entities around the world as described in this Policy. Your personal information may be stored and processed in any country where we have facilities or service providers, and by using our Site or by providing consent to us (where required by law), you specifically acknowledge and consent to the transfer of information to countries outside of your country of residence, including to the United States, which may provide for different data protection rules, and a lower standard of required protection, than in your country. Irrespective of which country your personal data is transferred, we would only share your personal data under a ‘need to know’ basis. In these circumstances we will, as required by applicable law, ensure that your privacy rights are adequately protected by organizational, technical, contractual and/or other lawful means.
We may change this Policy. Please review the LAST UPDATE legend at the top of this page to see when this Policy was last revised. Any changes to this Policy will become effective when we post the revised Policy on this Site. Your use of this Site following these changes means that you accept the revised Policy.
Spark will use a self-assessment approach to verify compliance with this Policy and periodically verify that the Policy is accurate, comprehensive for the information intended to be covered, prominently displayed, implemented and accessible.
If you believe that your personal information has been processed or disclosed in violation of this Policy, Spark encourages you to raise any concerns using the contact information provided in this Policy. Spark will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of personal information.
14. YOUR RIGHT TO COMPLAIN
If you have a complaint as to our use of your information, you may file a complaint with us, the California Attorney General, any other governmental agency, and/or a judicial body.
A complaint may be submitted directly to Spark:
- In writing by sending an email to SPARK EMAIL;
- In writing by sending a letter to SPARK MAILING ADDRESS; or
- Orally by directly contacting SPARK PHONE NUMBER;
15. CONTACTING US
If you have any questions about this Policy, please contact Spark directly
Our contact information is as follows:
The Spark Project LLC
Attention: Legal Department
[PHONE NUMBER] (Monday to Friday, 8am – 5pm EST)