SPARKLOOP, LLC
PRIVACY POLICY
Effective Date: March 21, 2023
SparkLoop, LLC (“SparkLoop”, “we”, “us”, or “our”) is committed to protecting your privacy. This Privacy Policy (“Policy”) describes how we collect, use, and disclose data. This Policy applies to your use of SparkLoop’s products, services, and Website located at https://sparkloop.app on all platforms (collectively, “Services”).
SparkLoop is a United States limited liability company subject to the laws of the United States. The United States may not offer a level of privacy protection as great as that offered in other jurisdictions. Since our servers are located in the United States, your data may be transferred to, stored, or processed in the United States. By using our Services, you understand and consent to the collection, storage, processing, and transfer of your data to our facilities in the United States and those third parties we share your data with as described in this Policy and our Terms of Service Agreement.
1. DEFINITIONS
a. Mobile App(s): one or all of the SparkLoop applications available for Members to use on their mobile devices.
b. Contact: an individual a Member may contact through the Services. For example, if you are a Member, a subscriber to your email marketing campaigns would be considered a Contact.
c. Distribution List: a list of Contacts a Member may upload or manage on the Services and all associated information related to those Contacts (for example, email addresses).
d. Member: any person or entity that is registered with us to use the Services.
e. Personal Data: any information relating to an identified or identifiable natural person.
f. Visitor: any individual who visits the SparkLoop Services, offices, or otherwise engages with us at our events or in connection with our marketing or recruitment activities.
2. PRIVACY FOR MEMBERS
This section applies to the Personal Data we collect and process from a Member or potential Member through the provision of the Services. In this section, "you" and "your" refer to Members and potential Members.
a. Personal Data We Collect. The Personal Data we collect depends on the context of your interactions with SparkLoop, your SparkLoop account settings, the products and features you use, your location, and applicable law. However, the Personal Data we collect broadly falls into the following categories:
i. Business contact information (such as your name, job title, organization, location, phone number, email address, and country);
ii. Marketing information (such as your contact preferences);
iii. Account log-in credentials (such as your email address or username and password when you sign up for an account with us);
iv. Troubleshooting and support data (which is data you provide or we otherwise collect in connection with support queries we receive from you. This may include contact or authentication data, the content of your chats and other communications with us, and the product or service you are using related to your help inquiry);
v. Payment information (including your credit card numbers and associated identifiers and billing address);
vi. Device and usage data of the Services (collectively “Service Usage Data”). Service Usage Data may include device information, log data, and usage data.
vii. Data we collect from other sources such as public databases, social media platforms, third-party data providers, and our joint marketing partners. Examples of data we receive from other sources include demographic information (such as age and gender), device information (such as IP addresses), location (such as city and state), and online behavioral data (such as information about your use of social media websites, page view information, and search results and links). We use this information, alone or in combination with other Personal Data we collect, to enhance our ability to provide relevant marketing and content to you and to develop and provide you with more relevant products, features, and service.
b. Use of Personal Data. We may use the Personal Data we collect or receive through the Services (alone or in combination with other data we source) for the purposes and on the legal bases identified below:
i. To bill and collect money owed to us by you to perform our contract with you for the use of the Services or where we have not entered into a contract with you, in accordance with our legitimate interests to operate and administer the Services. This includes sending you emails, invoices, receipts, notices of delinquency, and alerting you if we need a different credit card number. We use third parties for secure credit card transaction processing, and those third parties collect billing information to process your orders and credit card payments.
ii. To send you system alert messages in reliance on our legitimate interests in administering the Services and providing certain features. For example, we may inform you about temporary or permanent changes to the Services, such as planned outages, or send you account, security or compliance notifications, such as new features, version updates, releases, abuse warnings, and changes to this Policy.
iii. To communicate with you about your account and provide customer support to perform our contract with you for the use of the Services or where we have not entered into a contract with you, in reliance on our legitimate interests in administering and supporting the Services.
iv. To enforce compliance with our Terms of Service Agreement and applicable law, and to protect the rights and safety of our Members in reliance on our legitimate interest to protect against misuse or abuse of the Services and to pursue remedies available. This may include developing tools and algorithms that help us prevent violations. For example, we may review the content our Members send or display to ensure it complies with our Terms of Service Agreement. To improve that process, we have software that helps us find content that may violate our Terms of Service Agreement. We may or our third-party service provider may also review content that our Members send or display. This benefits all Members who comply with our Standard Terms of Use because it reduces abuse and helps us maintain a reliable platform. Please do not use SparkLoop to send or display confidential information.
v. To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.
vi. To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements in reliance on our legitimate interests.
vii. To prosecute and defend a court, arbitration, or similar legal proceeding.
viii. To respond to lawful requests by public authorities, including to meet national security or law enforcement requirements.
ix. To provide, support, and improve the Services to perform our contract with you for the use of the Services or where we have not entered into a contract with you, in reliance on our legitimate interests in administering and improving the Services and providing certain features. For example, this may include sharing your information with third parties in order to provide and support the Services or to make certain features of the Services available to you. When we share your Personal Data with third parties, we take steps to protect your information in a manner that is consistent with our obligations under applicable privacy laws.
x. To provide suggestions to you and to provide tailored features within the Services that optimize and personalize your experience in reliance on our legitimate interests in administering the Services and providing certain features. This includes adding features that compare Members’ email campaigns, using data to suggest other publishers your Contacts may be interested in, or using data to recommend products or services that you may be interested in or that may be relevant to you or your Contacts. Some of these suggestions are generated through analysis of the data used in our data analytics projects, as described below.
xi. To perform data analytics projects in reliance on our legitimate business interests in improving and enhancing our products and services for our Members. Our data analytics projects use data from SparkLoop accounts, including Personal Data of Contacts, to provide and improve the Services. We use information like your sending habits and your Contacts’ purchase history, so we can make more informed predictions, decisions, and products for our Members. For example, we use data from SparkLoop accounts to enable product recommendation, audience segmentation, and predicted demographics features for our Members. If you or your Contact prefers not to have their data used for this purpose, you can alter the settings on your account (as described here) to opt out of data analytics projects, or your Contact can opt out of data analytics projects at any time by emailing us at legal@sparkloop.app.
xii. To personalize the Services, content and advertisements we serve to you in reliance on our legitimate interests in supporting our marketing activities and providing certain features within the Services. We may use your Personal Data to serve you specifically, such as to deliver marketing information, product recommendations and non-transactional communications (e.g., email, telemarketing calls, SMS, or push notifications) about us, in accordance with your marketing preferences and this Policy.
c. Third-Party Integrations. We may use the Personal Data we collect or receive through the Services, as a processor and as otherwise stated in this Policy, to enable your use of the integrations and plugins you choose to connect to your SparkLoop account.
d. Cookies and Tracking Technologies. We and our third-party partners may use various technologies to collect and store Service Usage Data when you use the Services (as discussed above), and this may include using cookies and similar tracking technologies, such as pixels, web beacons, and if you use our Mobile Apps, through our SDKs deployed on your mobile device. For example, we use web beacons in the emails we send on your behalf, which enable us to track certain behavior, such as whether the email sent through the Services was delivered and opened and whether links within the email were clicked. Both web beacons and SDKs allow us to collect information such as the recipient’s IP address, browser, email client type and other similar data as further described above details. We use this information to measure the performance of your email campaigns, to provide analytics information, enhance the effectiveness of the Services, and for other purposes described above. Reports are also available to us when we send email to you, so we may collect and review that information.
e. Member Distribution Lists. In order to send an email campaign or use certain features in your account, you need to upload a Distribution List that provides us information about your Contacts, such as their names and email addresses. We use and process this information to provide the Services in accordance with our contract with you or your organization and this Policy. A Distribution List can be created in a number of ways, including by importing Contacts, such as through a CSV or directly from your email client. We do not, under any circumstances, sell your Distribution Lists. If someone on your Distribution List complains or contacts us, we might then contact that person. You may export (download) your Distribution Lists from SparkLoop by accessing the “Subscribers” tab from within your account. If we detect abusive or illegal behavior related to your Distribution List, we may share your Distribution List or portions of it with affected ISPs or anti-spam organizations to the extent permitted or required by applicable law.
f. Your Data Protection Rights. Depending on the country in which you reside, you may have the following data protection rights: to access; correct; update; port; delete; restrict; or object to our processing of your Personal Data. You can manage your individual account and profile settings within the dashboard provided through the Services, or you may contact us directly by emailing us at legal@sparkloop.app. You can also manage information about your Contacts within the dashboard provided through the Services to assist you with responding to requests to access, correct, update, port, or delete information that you receive from your Contacts. If any of your Contacts wish to exercise any of these rights, they should contact you directly, or contact us as described in the “Privacy for Contacts” section below. You can also contact us at any time to update your own marketing preferences. SparkLoop takes reasonable steps to ensure that the data we collect is reliable for its intended use, accurate, complete and up to date. You have the right to complain to a data protection authority about the collection and use of Personal Data. For more information, please contact your local data protection authority.
Similarly, if Personal Data is collected or processed on the basis of consent, the data subject can withdraw their consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your Personal Data conducted in reliance on lawful processing grounds other than consent. If you receive these requests from Contacts, you can segment your lists within the Services to ensure that you only market to Contacts who have not opted out of receiving such marketing. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection law. We may ask you to verify your identity in order to help us respond efficiently to your request. If we receive a request from one of your Contacts, we will either direct the Contact to reach out to you, or, if appropriate, we may respond directly to their request.
3. PRIVACY FOR CONTACTS
This section applies to the data we process about our Members’ Contacts as a data controller. The Services are intended for use by our Members. As a result, for much of the Personal Data we collect and process about Contacts through the Services, we act as a processor on behalf of our Members. SparkLoop is not responsible for the privacy or security practices of our Members, which may differ from those set forth in this privacy policy. Please check with individual Members about the policies they have in place. For purposes of this section, "you" and "your" refer to Contacts.
a. Information We Collect. The Personal Data that we may collect or receive about you broadly falls into the following categories:
i. Information we receive about Contacts from our Members. A Member may provide Personal Data about you to us through the Services. When a Member uploads their Distribution List or integrates the Services with another website or service, or when you sign up for a Member’s Distribution List on a SparkLoop or other signup form, the Member may provide us with certain contact information or other Personal Data about you such as your name, email address, address, or telephone number. You may have the opportunity to update some of this information by electing to update or manage your preferences via an email you receive from a Member.
ii. Information we collect automatically. When you interact with an email campaign that you receive from a Member or browse or purchase from a Member’s connected store, we may collect information about your device and interaction with an email. We use cookies and other tracking technologies to collect some of this information.
iii. Device information: We collect information about the device and applications you use to access emails sent through the Services, such as your IP address, your operating system, your browser ID, and other information about your system and connection.
iv. Usage data: It is important for us to ensure the security and reliability of the Services. Therefore, we also collect usage data about your interactions with campaigns (and/or emails) sent through the Services, which may include dates and times you access campaigns (and/or emails) and your browsing activities (such as what pages are viewed and which emails are opened). This information also allows us to ensure compliance with our Terms of Service Agreement and Acceptable Use Policy, to monitor and prevent service abuse, and to ensure we attain certain usage standards and metrics in relation to the Services. We also collect information regarding the performance of the Services, including metrics related to the deliverability of emails and other electronic communications that our Members send through the Services. This information allows us to improve the content and operation of the Services and facilitate research and perform analysis into the use and performance of the Services.
v. Data we collect from other sources: From time to time, we may obtain information about you from third-party sources, such as social media platforms and third-party data providers.
b. Use of Personal Data. We may use the Personal Data we collect or receive about you in reliance on our (and where applicable, our Members’) legitimate interests for the following purposes:
i. To enforce compliance with our Terms of Service Agreement and applicable law. This may include utilizing usage data and developing tools and algorithms that help us prevent violations.
ii. To protect the rights and safety of Members, third parties, or SparkLoop. For example, sometimes we review the content of our Members’ email campaigns to make sure they comply with our Terms of Service Agreement. To improve that process, we have software that helps us find email campaigns that may violate our Terms of Service Agreement. We, or our third-party service provider, may review those particular email campaigns, which may include your contact information. This reduces the amount of spam being sent through our servers and helps us maintain high deliverability.
iii. To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.
iv. To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements.
v. To prosecute and defend a court, arbitration, or similar legal proceeding.
vi. To respond to lawful requests by public authorities, including to meet national security or law enforcement requirements.
vii. To provide, support and improve the Services. For example, this may include sharing your information with third parties in order to provide and support the Services or to make certain features of the Services available to our Members. When we share Personal Data with third parties, we take steps to protect your information in a manner that is consistent with applicable privacy laws.
viii. To perform data analytics projects. Our data analytics projects use data from SparkLoop accounts, including your Personal Data, to provide and improve the Services. We use information, like your purchase history, provided to us by Members, so we can make more informed predictions, decisions, and products for our Members. For example, we use data from SparkLoop accounts to enable product recommendation, audience segmentation, and predicted demographics features for our Members. If you prefer your data not to be used in this manner, you can opt out of data analytics projects at any time by emailing us at legal@sparkloop.app.
ix. To carry out other business purposes. To carry out other legitimate business purposes, as well as other lawful purposes about which we will notify you.
c. Cookies and Tracking Technologies. We and our third-party partners may use various technologies to automatically collect and store certain device and usage information (as discussed above) when you interact with a Member’s email campaign or connected store, and this may include using cookies and similar tracking technologies, such as pixels and web beacons or if a Member is using our Mobile App, we may collect this information through our SDKs deployed on our Members mobile device. For example, we use web beacons in the emails we send on behalf of our Members. When you receive and engage with a Member’s campaign, web beacons track certain behavior such as whether the email sent through the Services was delivered and opened and whether links within the email were clicked. Both web beacons and SDKs allow us to collect information such as your IP address, browser, email client type, and other similar data as further described above. We use this information to measure the performance of our Members’ email campaigns, and to provide analytics information and enhance the effectiveness of the Services, and for the other purposes described above.
d. Your Data Protection Rights. Depending on the country in which you reside, you may have the following data protection rights: to access; correct; update; port; delete; restrict or object to our processing of your Personal Data. For more information about how you can exercise these rights, please email us at legal@sparkloop.com. You also have the right to complain to a data protection authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority. As described above, for much of the Personal Data we collect and process about Contacts through the Services, we act as a processor on behalf of our Members. In such cases, if you are a Contact and want to exercise any data protection rights that may be available to you under applicable law or have questions or concerns about how your Personal Data is handled by SparkLoop as a processor on behalf of our individual Members, you should contact the relevant Member that is using the Services, and refer to their separate privacy policies. If you no longer want to be contacted by one of our Members through the Services, please unsubscribe directly from that Member’s newsletter or contact the Member directly to update or delete your data. If you contact us directly, we may either forward your request to the relevant Member or provide you with the identity of the Member to enable you to contact them directly. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. We may ask you to verify your identity in order to help us respond efficiently to your request.
4. PRIVACY FOR VISITORS
This section applies to Personal Data that we collect and process when you visit the Services, and in the usual course of our business, such as in connection with our recruitment, events, sales and marketing activities, or when you visit our offices. In this section, "you" and "your" refer to Visitors.
a. Information We Collect. The Personal Data we collect may include:
i. Information you provide to us on the Services or otherwise. The Services offer various ways to contact us, such as through form submissions, email or phone, to inquire about our company and the Services. For example, we may ask you to provide certain Personal Data when you express an interest in obtaining information about us or the Services, take part in surveys, subscribe to marketing, apply for a role with SparkLoop, or otherwise contact us. We may also collect Personal Data from you in person when you attend our events or trade shows, if you visit our offices (where you will be required to register as a visitor and provide us with certain information that may also be shared with our service providers) or via a phone call with one of our sales representatives. You may choose to provide additional information when you communicate with us or otherwise interact with us, and we may keep copies of any such communications for our records.
ii. Business contact data (such as your name, phone number, email address and country);
iii. Professional data (such as your job title, institution or company);
iv. Nature of your communication;
v. Marketing data (such as your contact preferences);
vi. Any data you choose to provide to us when completing any ‘free text’ boxes in our forms.
vii. Data we collect automatically through the Services. When you visit the Services or interact with our emails, we use cookies and similar technologies such as pixels or web beacons, alone or in conjunction with cookies, to collect certain information automatically from your browser or device. In some countries, this information may be considered Personal Data under applicable data protection laws. The data we collect automatically includes: device information such as your IP address, your browser, device information, unique device identifiers, mobile network information, request information (speed, frequency, the site from which you linked to us (“referring page”), the name of the website you choose to visit immediately after ours (called “exit page”), information about other websites you have recently visited and the web browser you used (software used to browse the internet) including its type and language; and usage data such as information about how you interact with our emails, the Services, and other websites (such as the pages and files viewed, searches, operating system and system configuration information and date/time stamps associated with your usage).
b. Use of Personal Data. We may use the data we collect through the Services and in connection with our events and marketing activities (alone or in combination with other data we collect) for a range of reasons in reliance on our legitimate interests, including:
i. To provide, operate, optimize, and maintain the Services.
ii. To send you marketing information, product recommendations and non-transactional communications (e.g., email, telemarketing calls, SMS, or push notifications) about us, in accordance with your marketing preferences, including information about our products, services, promotions or events as necessary for our legitimate interest in conducting direct marketing or to the extent you have provided your prior consent.
iii. For recruitment purposes if you have applied for a role with SparkLoop.
iv. To respond to your online inquiries and requests, and to provide you with information and access to resources or services that you have requested from us.
v. To manage the Services and system administration and security.
vi. To manage event registrations and attendance, including sending related communications to you.
vii. To register visitors to our offices for security reasons and to manage non-disclosure agreements that visitors may be required to sign.
viii. To improve the navigation and content of the Services.
ix. To identify any server problems or other IT or network issues.
x. To process transactions and to set up online accounts.
xi. To compile aggregated statistics about site usage and to better understand the preferences of our Visitors.
xii. To help us provide, improve and personalize our marketing activities.
xiii. To facilitate the security and continued proper functioning of the Services.
xiv. To carry out research and development to improve the Services, products and services.
xv. To conduct marketing research, advertise to you, provide personalized information about us on and off the Services, and to provide other personalized content based on your activities and interests to the extent necessary for our legitimate interests in supporting our marketing activities or advertising the Services or instances where we seek your consent.
xvi. To carry out other legitimate business purposes, as well as other lawful purposes, such as data analysis, fraud monitoring and prevention, identifying usage trends and expanding our business activities in reliance on our legitimate interests.
xvii. To cooperate with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of Personal Data to protect our rights or is necessary for our legitimate interest in protecting against misuse or abuse of the Services, protecting personal property or safety, pursuing remedies available to us and limiting our damages, complying with judicial proceedings, court orders or legal processes, or responding to lawful requests.
c. Public Data and Third-Party Websites. We have public blogs on the Services. Any information you include in a comment on our blog may be read, collected, and used by anyone. If your Personal Data appears on our blogs and you want it removed, contact us at legal@sparkloop.app. If we are unable to remove your information, we will tell you why. The Services include social media features, such as the Facebook Like button. These features may collect information about your IP address and which page you are visiting on the Services, and they may set a cookie to make sure the feature functions properly. Social media features and widgets are either hosted by a third party or hosted directly on the Services. We also maintain presences on social media platforms, including Facebook, Twitter, and Instagram. Any information, communications, or materials you submit to us via a social media platform is done at your own risk without any expectation of privacy. We cannot control the actions of other users of these platforms or the actions of the platforms themselves. Your interactions with those features and platforms are governed by the privacy policies of the companies that provide them. The Services also include links to other websites, whose privacy practices may be different from ours. If you submit Personal Data to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit. We may, from time to time, offer surveys, contests, sweepstakes, or other promotions on the Services or through social media (collectively, "Promotions"). Participation in our Promotions is completely voluntary. Information requested for entry may include Personal Data such as your name, address, date of birth, phone number, email address, username, and similar details. We use the information you provide to administer our Promotions. We may also, unless prohibited by the Promotion’s rules or law, use the information provided to communicate with you, or other people you select, about the Services. We may share this information with our affiliates and other organizations or service providers in line with this privacy policy and the rules posted for our Promotions.
d. Cookies and Tracking Technologies. We use cookies and similar tracking technologies to collect and use Personal Data about you, including to serve interest-based advertising.
e. Other Data Protection Rights. Depending on the country in which you reside, you may have the following data protection rights: to access; correct; update; port; delete; restrict or object to our processing of your Personal Data. You can exercise these rights by emailing legal@sparkloop.app. You may also have the right to complain to a data protection authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority. Similarly, if we have collected and processed your Personal Data with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your Personal Data conducted in reliance on lawful processing grounds other than consent. You can also contact us at any time to update your marketing preferences. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. We may ask you to verify your identity in order to help us respond efficiently to your request.
5. GENERAL INFORMATION
a. How We Share Personal Data. We may share and disclose your Personal Data to the following types of third parties for the purposes described in this Policy (for purposes of this section, "you" and "your" refer to Members, Contacts, and Visitors unless otherwise indicated):
i. Our service providers. Sometimes, we share your information with our third-party service providers working on our behalf for the purposes described in this Policy. For example, companies we’ve hired to help us provide and support the Services or assist in protecting and securing our systems and services and other business-related functions. Other examples include analyzing data, hosting data, engaging technical support for the Services, processing payments, and delivering content.
ii. Advertising partners. We may partner with third-party advertising networks, exchanges, and social media platforms (like Facebook) to display advertising on the Services or to manage and serve our advertising on other sites, and we may share Personal Data of Members and Visitors with them for this purpose. We and our third-party partners may use cookies and other similar tracking technologies, such as pixels and web beacons, to gather information about your activities on the Services and other sites in order to provide you with targeted advertising based on your browsing activities and interests.
iii. Any competent law enforcement body, regulatory body, government agency, court or other third party where we believe disclosure is necessary (a) as a matter of applicable law or regulation; (b) to exercise, establish, or defend our legal rights; or (c) to protect your vital interests or those of any other person.
iv. A potential buyer (and its agents and advisors) in the case of a sale, merger, consolidation, liquidation, reorganization, or acquisition. In that event, any acquirer will be subject to our obligations under this Policy, including your rights to access and choice. We will notify you of the change either by sending you an email or posting a notice on the Services.
v. Any other person with your consent.
b. Legal Basis for Processing Personal Data (EU/EEA and UK Persons Only). If you are located in the EU/EEA or UK, our legal basis for collecting and using the Personal Data described above will depend on the Personal Data concerned and the specific context in which we collect it. However, we will normally collect and use Personal Data from you where the processing is in our legitimate interests and not overridden by your data-protection interests or fundamental rights and freedoms. Our legitimate interests are described in more detail in this Policy in the sections above titled “Use of Personal Data”, but they typically include improving, maintaining, providing, and enhancing our technology, products, and services; ensuring the security of the Services; and supporting our marketing activities. If you are a Member, we may need the Personal Data to perform a contract with you. In some limited cases, we may also have a legal obligation to collect Personal Data from you. If we ask you to provide Personal Data to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Data is mandatory or not, as well as of the possible consequences if you do not provide your Personal Data. Where required by law, we will collect Personal Data only where we have your consent to do so. If you have questions or need further information concerning the legal basis on which we collect and use your Personal Data, please contact us at legal@sparkloop.app.
c. Your Choices and Opt-Outs. Members and Visitors who have opted in to our marketing emails can opt out of receiving marketing emails from us at any time by clicking the "unsubscribe" link at the bottom of our marketing messages. All opt-out requests can be made by emailing us at legal@sparkloop.app. Please note that some communications (such as service messages, account notifications, billing information) are considered transactional and necessary for account management, and Members cannot opt out of these messages unless you cancel your SparkLoop account.
d. Our Security. We take appropriate and reasonable technical and organizational measures designed to protect Personal Data from loss, misuse, unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of the Personal Data. If you have any questions about the security of your Personal Data, you may contact us at legal@sparkloop.app. SparkLoop accounts require a username and password to log in. Members must keep their username and password secure, and never disclose it to a third party. Because the information in a Member’s SparkLoop account is private, account passwords are hashed, which means we cannot see a Member’s password. We cannot resend forgotten passwords either. We will only provide Members with instructions on how to reset them.
e. International Transfers.
i. We operate in the United States. Our servers are located in the United States so your information may be transferred to, stored, or processed in the United States. While the data protection, privacy, and other laws of the United States might not be as comprehensive as those in your country, we take many steps to protect your privacy.
ii. Data transfers from the EU/EEA, UK, or Switzerland to the United States are subject to our Data Processing Addendum available here.
iii. Members, Contacts, and Visitors located in Australia. If you are a Member, Contact, or Visitor who accesses the Services in Australia, this section applies to you. We are subject to the operation of the Privacy Act 1988 ("Australian Privacy Act"). Sensitive personal data is not permitted on the Services and Members are prohibited from importing or incorporating any sensitive personal data into their SparkLoop accounts or uploading any sensitive personal data to SparkLoop’s servers. Please note that if you do not provide us with your Personal Data or if you withdraw your consent for us to collect, use and disclose your Personal Data, we may be unable to provide the Services to you.
Where we collect Personal Data of our Visitors, the Personal Data we ask you to provide will be information that is reasonably necessary for, or directly related to, one or more of our functions or activities. Where we say we assume an obligation about Personal Data, we will also require our contractors and subcontractors to undertake a similar obligation. We will not use or disclose Personal Data for the purpose of our direct marketing to you unless: you have consented to receive direct marketing; you would reasonably expect us to use your personal details for marketing; or we believe you may be interested in the material but it is impractical for us to obtain your consent. You may opt out of any marketing materials we send to you through an unsubscribe mechanism. If you have requested not to receive further direct marketing messages, we may continue to provide you with messages that are not regarded as "direct marketing" under the Australian Privacy Act, including changes to our terms, system alerts, and other information related to your account as permitted under the Australian Privacy Act and the Spam Act 2003. Our servers are located in the United States. In addition, we or our subcontractors may use cloud technology to store or process Personal Data, which may result in storage of data outside Australia. It is not practicable for us to specify in advance which country will have jurisdiction over this type of offshore activity. All of our subcontractors, however, are required to comply with the Australian Privacy Act in relation to the transfer or storage of Personal Data overseas. We may also share your Personal Data outside of Australia to our business operations in other countries. While it is not practicable for us to specify in advance each country where your Personal Data may be disclosed, typically we may disclose your Personal Data to the United States, Canada, and the European Union. You may access the Personal Data we hold about you. If you wish to access your Personal Data, please contact us directly by emailing us at legal@sparkloop.app. If you think the information we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, we will take reasonable steps, consistent with our obligations under the Australian Privacy Act, to correct that information upon your request. If you find that the information we have is not up to date or is inaccurate or incomplete, please contact us in writing at legal@sparkloop.app so we can update our records. If you are unsatisfied with our response to a privacy matter, you may consult either an independent advisor or contact the Office of the Australian Information Commissioner for additional help. We will provide our full cooperation if you pursue this course of action.
f. Retention of Personal Data. We retain Personal Data where we have an ongoing legitimate business or legal need to do so. Our retention periods will vary depending on the type of data involved, but, generally, we'll refer to these criteria in order to determine retention period:
i. Whether we have a legal or contractual need to retain the data.
ii. Whether the data is necessary to provide the Services.
iii. Whether our Members have the ability to access and delete the data within their SparkLoop accounts.
iv. Whether our Members would reasonably expect that we would retain the data until they remove it or until their SparkLoop accounts are closed or terminated.
v. When we have no ongoing legitimate business need to process your Personal Data, we will either delete or anonymize it or, if this is not possible (for example, because your Personal Data has been stored in backup archives), then we will securely store your Personal Data and isolate it from any further processing until deletion is possible.
g. California Privacy. The California Consumer Privacy Act (“CCPA”) provides consumers with specific rights regarding their Personal Data. You have the right to request that businesses subject to the CCPA (which may include our Members with whom you have a relationship) disclose certain information to you about their collection and use of your Personal Data over the past 12 months. In addition, you have the right to ask such businesses to delete Personal Data collected from you, subject to certain exceptions. If the business sells Personal Data, you have a right to opt-out of that sale. Finally, a business cannot discriminate against you for exercising a CCPA right. When offering services to its Members, SparkLoop acts as a “service provider” under the CCPA and our receipt and collection of any consumer Personal Data is completed on behalf of our Members in order for us to provide the Services. Please direct any requests for access or deletion of your Personal Data under the CCPA to the Member with whom you have a direct relationship. Consistent with California law, if you choose to exercise your applicable CCPA rights, we won’t charge you different prices or provide you a different quality of services. If we ever offer a financial incentive or product enhancement that is contingent upon you providing your Personal Data, we will not do so unless the benefits to you are reasonably related to the value of the Personal Data that you provide to us.
h. Do not Track. Certain state laws require us to indicate whether we honor “Do Not Track” settings in your browser. SparkLoop adheres to the standards set out in this Policy and does not monitor or follow any Do Not Track browser requests.
i. Changes to this Policy. We may change this Policy from time to time. The most recent version of this Policy is reflected by the version date located at the top of this privacy policy. All updates and amendments are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of this Policy or other notice on the Services or via email. We encourage you to review this Policy often to stay informed of changes that may affect you. Our electronically or otherwise properly stored copies of this Policy are each deemed to be the true, complete, valid, authentic, and enforceable copy of the version of this Policy that was in effect on each respective date you visited the Services.
j. Contact. If you have any questions or concerns, please contact us at legal@sparkloop.app.