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:
- We collect the information you provide us through the Sites and/or Mobile App, such as your name, email address and the insights that you choose to share with us via images, dialogue and video.
- We collect your name and email address when you email us or otherwise correspond with us, for example, through the “Contact Us” form, to make inquiries about us, our Sites or the Mobile App.
- When you use our Sites or the Mobile App, we may automatically collect information, through cookies and other similar technologies, such as the date and time of your visit, the pages you view, your browser type, and IP address. Please see Cookies and Other Similar Technologies below for more information.
We use your personal information for the following purposes:
- To provide and improve the Sites and/or the Mobile App;
- To fulfill your orders;
- To respond to inquiries;
- To compile user information for clients for their marketing and research study purposes;
- To conduct surveys; and
- To contact you to participate in future marketing and research studies.
Legal Bases for Processing
We process personal information per applicable law and with transparency and fairness. The legal bases for each processing activity listed above are as follows:
- To contact you to participate in future marketing and research studies, processing is based on your consent (Art. 6(1)(a) of the European Union (“EU”) General Data Protection Regulation (“GDPR”)).
- To provide our Sites and the Mobile App, fulfill orders, respond to inquiries, and compile user information for clients, processing is necessary to establish and fulfill a contract with you (Art. 6(1)(b) of the EU GDPR).
Cookies and Other Similar Technologies
- 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.
- Browsing and Functionality. We use these cookies to remember choices you make on the Sites and/or the Mobile App, such as your preferred language and the country from which you are visiting, and to provide enhanced, more personalized features.
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.
- 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.
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.
In addition to the right of access, if you are an EU resident, you have the right to:
- Obtain confirmation as to whether or not your personal information is being processed and to be informed of its content and source, verify its accuracy and request its completion, update or amendment.
- Request the deletion, anonymization or restriction of the processing of your personal information.
- Object to the processing, in all cases, of your personal information for legitimate reasons or restrict the processing.
- Withdraw consent, where the processing of personal information is based on your consent.
- Receive an electronic copy of your personal information, if you would like such a copy for yourself or to port your personal information to a different provider.
- Not be subject to a decision based solely on automated processing, including profiling, except under certain exceptions under local law.
- Lodge a complaint with the relevant data protection supervisory authority.
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.
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 may be transferred to the U.S. and other jurisdictions in accordance with applicable law as indicated above.
Dispute Resolution and Agreement to Arbitrate
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.
Choice of Law
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.
Spark Ideas, LLC
1328 Ridge Road
Syosset, New York 11791
United States of America