Effective as of: 1 August 2022
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 use this data to
City, state, and country
Other topics relevant for the study
Legal basis: consent
General inquiries (email or contact for customer requests)
Legal basis: consent, contract
Device and browser data
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.
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.
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.
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:
- 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 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.
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:
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