Effective as of: 1 August 2022
Protecting your data is our priority. This Privacy Policy applies to the websites, apps and services that are controlled by Spark Ideas, LLC (“Spark,” “we,” us” or “our”), including www.spark-nyc.com and https://looklook.app (collectively, the “Sites”) and the LookLook mobile application (the “Mobile App”). Please read this Privacy Policy carefully, because by using the Sites or the Mobile App, you agree with the data practices described in this policy.
Your use of the Sites or the Mobile App is also governed by the Terms of Service, which can be found here.
IMPORTANT NOTICE: PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW, WHICH REQUIRES YOU, EXCEPT TO WHERE AND TO THE EXTENT PROHIBITED BY LAW, TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST SPARK ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY.
Collection and Use of Your Personal Information
“Personal information” is any information relating to an identified or identifiable natural person.
We collect the following information from and about you:
Demographic data | We use this data to |
Name Telephone number City, state, and country Email address Job Title Company Education Income bracket Marital status |
|
Preferences |
|
Hobbies Interests Shopping habits Brand preference Purchase history Other topics relevant for the study |
Legal basis: consent |
Media |
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Photographs Videos Voice |
|
Communication |
|
Participant interviews General inquiries (email or contact for customer requests) Customer support |
Legal basis: consent, contract |
Technology | |
City geolocation IP address Device and browser data |
|
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Cookies and Other Similar Technologies
We use necessary and anonymized cookies and other similar technologies on our Sites and the Mobile
App to help collect information. We may use session cookies or persistent cookies. Session cookies
only last for the specific duration of your visit and are deleted when you close your browser.
Persistent cookies remain on your device’s hard drive until you delete them or they expire.
We use the following types of cookies:
Essential. Some cookies are essential in order to enable you to move around our Sites and/or the Mobile App and use their features, such as accessing secure areas of the Sites and/or the Mobile App. Without these cookies, we cannot enable appropriate content based on the type of device you are using.
Performance and Analytics. We use cookies to see how you use our Sites and/or the Mobile App in order to improve their performance and develop them. No personal information is collected through cookies.
Sharing and Disclosure of Your Personal Information
We share or disclose your personal information in the following instances and to the following parties:
We share information provided through the Sites and Mobile App with our clients for their marketing and research studies and business purposes.
We share information provided through the Sites and Mobile App with third party service providers to administer studies and provide reports to clients. The updated list of our third-party service providers can be reviewed here.
We may share or transfer your information in the course of any direct or indirect reorganization process including, but not limited to, mergers, acquisitions, divestitures, bankruptcies, and sales of all or a part of our assets. Please see Assignment below for more information.
We will disclose your personal information to comply with the applicable law or in the good faith belief that such action is necessary in order to conform to the requirements of the law or to comply with legal process served on us, to protect and defend our rights or property, or to act in urgent circumstances to protect the personal safety of our users.
Sale within the definition of the applicable US consumer privacy laws is defined as selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's personal information by the business to another business or a third party for monetary, and sometimes other valuable consideration.
We do not sell personal information, as defined by US state privacy laws, nor we would ever sell your personal information to any third party in any part of the world.
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Collection and Use of Information from Children
We do not knowingly collect information from children under the age of 13 in the United States or under the age of 16 in the EU. In the event that we learn that a person under the age of 13 in the United State or under the age of 16 in the EU, has provided us with personal information, we will delete such personal information.
Access and Opt Out
If your information has changed and you wish to update the information we have on file for you, please contact us using the contact information below.
If you no longer wish to receive marketing communications from us, you can opt-out by following the unsubscribe instructions provided in our marketing communication or by contacting us at the address below. We will process your unsubscribe as soon as possible and in compliance with applicable law, but please be aware that in some circumstances, you may receive a few more messages until the unsubscribe is processed and completed.
Please note that even if you opt-out of our marketing communications, we will still send you administrative messages regarding your orders and the Sites and/or the Mobile App, including, for example, important updates regarding the Sites and/or the Mobile App.
Your Rights
If you are an EEA, UK, or Swiss resident, you have the right to request:
- to know whether your personal information is processed
- access to your personal information
- we edit or send you a copy of your personal information
- erasure or anonymization of your personal information
- we restrict usage of your personal information
- we size further study communication with you or object study participation
- To be informed if we utilize automatic decision making and profiling tools
- Lodge a complaint with the relevant data protection supervisory authority
List of EU data protection authorities:
EEA
Switzerland
United Kingdom
If you are California, Connecticut, Utah, Colorado, Virginia or other US state with
privacy legislation, you have the right to request:
- access to your personal information
- rectification of your personal information
- know whether we sold your information and opt out of sale of personal information
- deletion of your personal information
- Right to receive your personal information in easily understandable, and to the extent technically feasible, in a structured, commonly used, machine-readable format
List of US data protection authorities:
If you reside within the borders of the People's Republic of China, please visit our Chinese privacy policy.
If you wish to exercise your rights, please email your request to privacy@Spark-nyc.com.
Third Party Links
Spark encourages you to review the privacy statements of websites linked to and from the Sites and/or the Mobile App so that you can understand how those websites collect, use and share your information. Spark is not responsible for the privacy statements or any content on these websites outside of the Sites and the Mobile App.
Security of your Personal Information
Spark implements reasonable measures to secure your personal information from unauthorized access, use or disclosure. That said, please understand that no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to us is done at your own risk. If we learn of a security systems’ breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Sites and/or the Mobile App or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Sites and/or the Mobile App. We may post a notice via the Sites and the Mobile App if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
Data Retention
We retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.
International Data Transfers
If you choose to provide us with information, we may transfer that information to our affiliates and subsidiaries or to other third parties, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. If you are visiting from the EU or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal information to the U.S. and other jurisdictions which may not have the same data protection laws as your country of residence. You acknowledge that you understand that by providing your personal information:
Your personal information will be used for the uses identified above in accordance with this Privacy Policy and signed Data Protection Agreement. Your personal information may be transferred to the U.S. and other jurisdictions in accordance with applicable law as indicated above. You can review our current list of Sub-processors and their supplementary measures for data transfer here.
Assignment
In the event that all or part of our assets are sold or acquired by another party, or in the event of any direct or indirect reorganization process including, but not limited to, mergers, acquisitions, divestitures, bankruptcies, and sales of all or a part of our assets, you grant us the right to assign the personal information collected via the Sites and/or the Mobile App following completion of such transaction and/or during the assessment process pending transfer. If transferred in such a case, your information would remain subject to this Privacy Policy or a privacy policy that, at a minimum, protects your privacy to an equal degree as this Privacy Policy.
Dispute Resolution and Agreement to Arbitrate
Except where and to the extent prohibited by law, by using the Sites and/or the Mobile App, you and Spark agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites and/or the Mobile App, or the breach, enforcement, interpretation, or validity of this Privacy Policy or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to us at:
Spark Ideas, LLC
1328 Ridge Road
Syosset, New York 11791
Both you and Spark agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination will be made by JAMS or by the arbitrator.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Privacy Policy, including any claim that all or any part of this Privacy Policy is void or voidable.
Choice of Law
This Privacy Policy has been made in, and shall be construed in accordance with, the laws of the State of New York, without giving effect to any conflict of law principles. The parties acknowledge that this Privacy Policy evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Privacy Policy shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
Your California Privacy Rights and How We Respond to “Do Not Track” Signals
California Civil Code Section 1798.83 permits visitors to the Sites and/or the Mobile App, who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We do not share your personal information with third parties for their direct marketing purposes.
At this time, our Sites do not recognize automated browser signals regarding tracking mechanisms, which may include “Do Not Track” instructions.
Contact Information
Spark welcomes your questions or comments regarding this Privacy Policy and our privacy practices. Please contact us at:
Spark Ideas, LLC
1328 Ridge Road
Syosset, New York 11791
United States of America
Email Address:
privacy@spark-nyc.com
Telephone number:
(917) 991-0477
Changes to this Privacy Policy
Spark will occasionally update this Privacy Policy to reflect company and customer feedback. When we do, we will also revise the “Effective” date at the top of this Privacy Policy. If material changes are made to the Privacy Policy, we will notify you by placing a prominent notice on the Sites and the Mobile App. We encourage you to periodically review this Privacy Policy to be informed of how Spark is handling your information.