Sparkfly Inc. takes your privacy seriously. We recognize that privacy is an important issue, so we design and operate our services with the protection of your privacy in mind. Please read the following to learn more.
Sparkfly Global Privacy Statement Effective Date: April 1, 2020 This Privacy Statement applies to Personal Information (as defined below) collected or received by us from: (i) visitors to our own websites (the “Site”) (ii) brands (“Brands”) that use the Sparkfly Platform, software, and applications (the “Services”) and (iii) job applicants applying for jobs with Sparkfly.
In this Privacy Statement we refer to the Sparkfly Platform, software, and applications as our “Services.” The Brand’s services and applications are referred to as “Brand Applications”. See below for more information about how Sparkfly can assist Brands in complying with the California Consumer Privacy Act (CCPA).
Personal Information processed for Brands by the Sparkfly Services
This section describes how we receive and use information from Brands using our Services. Brands may share information, including Personal Information (defined below) with Sparkfly. Brands may also request that their other marketing partners share information, including Personal Information, with Sparkfly in order to utilize the Services, pursuant to applicable law. Through our Services, we may receive information that, alone or in combination with other information, could be used to identify an individual, or as such data is otherwise classified and defined in the CCPA or another applicable law in jurisdictions where we provide Services (“Personal Information”). We may receive Personal Information in the following ways in connection with Brands that utilize our Services:
- Information provided to Sparkfly upon interaction with Brands. We may receive Personal Information (account number, location data, transaction and purchase history) when a consumer interacts with Brands’ Applications, including when consumers get promotional offers, loyalty awards or other rewards, check in to locations, register for membership services, respond to polls or surveys, and register for sweepstakes, contests and other promotional opportunities. We also may receive Personal Information from Brands, for example, Personal Information collected when consumers visit a location or purchase products or services designed by Brands.
- Mobile Phone Information. When consumers send and receive SMS messages to or from a Brand through one of the Services (or third party tools) that provides SMS functionality, we may receive and maintain information associated with those messages, such as the phone number, the wireless carrier associated with the phone number, the content of the message, and the date and time of the transaction.
How We Use Personal Information to provide Services to Brands
- We use the information that we receive through our Services to provide our Services to Brands, including to allow Brands to offer their consumers specialized offers, campaigns, or loyalty rewards or to allow consumers to receive rewards and other promotions and to participate in contests, promotions or surveys. Our use of information on behalf of our Brands is governed by our contract with that Brand and the Brand’s own privacy policies.
- Pursuant to applicable law, we may de-identify and/or aggregate the information we process in connection with the Services and use such de-identified and/or aggregated data for our own internal business purposes, including but not limited to sharing anonymized and de-identified data with affiliated companies, our current and prospective Brands, business partners, agents and other third parties for commercial, statistical and market research purposes, for example to allow those parties to analyze patterns among groups of people, and conducting research on consumer demographics, interests and behavior.
Personal Information Collected Through Our Site/Job Applications
We collect the following certain limited information from you or your device when you visit our Site, including from Site visitors who are interested in learning more about our Services or who are interested in applying for jobs with Sparkfly:
- Personal Information that you provide to us. We may ask you to provide Personal Information for various reasons. For example, when you request a demo of the Sparkfly Platform, we ask you for contact information such as your name, email address, phone number, geographic and job information. We may ask you for similar information at other times, such as when you apply for a job through our Site, or contact our customer service team. We also collect Personal Information that employees, contractors, or agents of our Brands provide to us when they register for access to the Sparkfly Platform.
- Email or other Communications. When you send email or other communications to Sparkfly, we may collect those communications in order to process your questions, respond to your requests and improve our Site. We may use your email address to communicate with you about our Services.
How We Use Personal Information Collected through our Site/Job Applications
- To Communicate with You and to Improve our Services. We use the information that we collect when you visit our Site to (i) respond to questions, comments or request for information from us in connection with request or in connection with a job application; (ii) send offers; (iii) conduct research in our Site visitor’s demographics, interests and behaviors; (iv) analyze website traffic patterns or otherwise monitor; or (v) maintain and improve our Site and Services.
- Aggregated Data. We may aggregate the information that we collect through our Site and use such or aggregated data for our business purposes including sending marketing messages to you. You may opt-out at any time.
Disclosure of Personal Information
We share Personal Information as described below:
- Brands. Personal Information of a Brand’s customers or prospects received by Sparkfly will be processed and provided back to the Brand in order to perform the Services. At a Brand’s direction only, we may share that Brand’s information, including Personal Information of a Brand’s consumers, with the Brand’s own vendors or service providers. Sparkfly may share a Brand’s information, including Personal Information of a Brand’s consumers, with an implementation partner with such Brand’s direction or approval, in connection with implementing the Services.
- Vendors and Services Providers. Sparkfly may share Personal Information collected via the Site or for Job Applications with third party vendors and service providers to perform certain functions on our behalf, such as helping us collect job applications and for our own marketing communications, administering content, mailing information, or otherwise operating the Site.
- Merger, Acquisition or Financing. We may disclose Personal Information to a successor or affiliate if we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, as part of that transaction along with other assets, including for the purposes of conducting diligence in connection with evaluating whether to proceed with any such transaction.
- As Required by Law. To satisfy applicable law, regulation, legal process or lawful government request of any country, or to protect the rights, property or safety of Sparkfly, its users or the public, or to enforce contracts.
Links to Other Websites
Our Site may contain links to other websites not operated or controlled by Sparkfly (“Third Party Sites”). The privacy practices described in this Privacy Statement do not apply to Third Party Sites. By providing these links we do not imply that we endorse or have revised these sites. Please contact those sites directly for information on their privacy practices and policies.
Sparkfly implements technical and organizational measures designed to protect Personal Information against unauthorized access or misuse. However, the internet cannot be guaranteed to be fully secure and we cannot ensure or warrant the security of any information you provide to us through the Site.
Sparkfly Services will retain Personal Information for the period necessary to provide our Services or as otherwise required by our contracts with Brands or by law.
Children Under 13
Our Services and Site are not directed at children under 13 years of age, and we do not knowingly collect or receive Personal Information from children under 13 years of age. If we learn that we have received Personal Information from a child who is under 13, we will delete the data as permitted by law. If you believe that we have received Personal Information from a child under the age of 13, you may contact us at privacyquestions@Sparkfly.com.
This section describes your rights as a U.S. consumer under the CCPA. Even though the CCPA grants rights to residents of California, Sparkfly currently affords such rights to all U.S. consumers.
We may collect and process data subject to Personal Information under the following circumstances and under the following legal bases:
- In our legitimate business interest we may process your Personal Information that you provide to us when you (a) request a demo of the Sparkfly platform. (b) send inquiries about our Services and we shall respond to or implement your request prior to entering into a contract with us.
- In our legitimate business interest we may process your Personal Information when you apply for employment through our Site, processing of your contact details and data about your employment history and education (as needed to evaluate your job application, to conduct job interviews, and as is otherwise needed for recruitment) is necessary to respond to your request to process your application for employment. If you do not provide this data, we will not be able to process the application that you send through our Site.
- In performance of a contract with our Brand clients, we use account-related data provided by Brands to set up accounts for the Brand and the Brand’s users in the Sparkfly Platform and to administer and support those accounts, provide access to the Services, contact Brands regarding use of the Services or to notify Brands of important changes to the Services. Such use is necessary for the performance of the contract between you and us.
- With your consent, we will send you information by email on our new products or services or other promotions. If you do not provide us with your consent to the processing of your Personal Information for this purpose, we will not send you this information. You have the right to withdraw your consent at any time as described below.
- It is necessary in our legitimate business interest to process your Personal Information relating to your use of the Site and/or the use of the Services, described above, in order to have an understanding how the Site and the Services are being used, to improve experience on it and our service offerings. We have also a legitimate interest in aggregating and/or anonymizing the information that we collect through our Site and/or the Services and using this information for our business purposes, as described above. When we process your Personal Information for our legitimate interests, we make sure to consider and balance any potential impact on you, and your rights under data protection laws. Our legitimate business interests do not automatically override your interests – we will not use your Personal Information for activities where our interests are overridden by the impact on you, unless we have your consent or those activities are otherwise required or permitted to by law. You have the right to object to processing that is based on our legitimate interests, as further described below.
Subject to applicable law, you have the following rights in relation to your Personal Information. Please note that, if you are a Brand’s consumer, Sparkfly may refer you to a particular Brand or Brand(s) where processing of Personal Information has taken place pursuant to our contract with a Brand in order to exercise the following rights:
- Right of access: If you ask us, once the request is authenticated, we will confirm whether we are processing your Personal Information and, if so, provide you with a copy of that Personal Information (along with certain other details). If you require additional copies, we may need to charge a reasonable fee as permitted by law.
- Right to rectification: If we are processing your Personal Information and you believe that it is inaccurate or incomplete, you are entitled to have it rectified or completed. If we have shared your Personal Information with others, we will tell them about the rectification where possible. If you ask us we will also tell you with whom Sparkfly shared your Personal Information so that you can contact them directly.
- Right to erasure: You may ask us to delete or remove your Personal Information and we will do so in some circumstances, such as where we no longer need it (we may not delete your data when other interests outweigh your right to deletion, for example if we are required by law to keep it). If we have shared your data with others, we will tell them about the erasure where possible. If you ask us we will also tell you with whom we shared your Personal Information so that you can contact them directly.
- Right to restrict processing or object to processing: You may ask us to restrict or ‘block’ the processing of your Personal Information in certain circumstances, such as where you contest the accuracy of that Personal Information or object to us processing it. We will tell you before we lift any restriction on processing. If we have shared your Personal Information with others, we will tell them about the restriction where possible. If you ask us, where possible and lawful to do so, we will also tell you with whom we shared your Personal Information so that you can contact them directly.
- Right to data portability: You have the right to obtain your Personal Information from us that you consented to give us or that is necessary to perform a contract with you. We will give you your Personal Information in a structured, commonly used and machine-readable format. You may reuse it elsewhere.
- Rights in relation to automated decision-making and profiling: You have the right to be free from decisions based solely on automated processing of your Personal Information, including profiling, which produce a significant legal effect on you, unless such profiling is necessary for entering into, or the performance of, a contract between you and us, or with your explicit consent.
- Right to withdraw consent: If we rely on your consent to process your Personal Information, you have the right to withdraw that consent at any time. Your withdrawal of consent will not apply to data that was processed prior to our receipt of your withdrawal of consent.
- Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we have handled your Personal Information, you can report it to the data protection authority that is authorized to hear those concerns.
We did not sell Personal Information during the preceding 12 months, and Sparkfly does not sell Personal Information we collect about you, as defined by the CCPA. We disclosed the following categories of Personal Information for a business purpose during the preceding 12 months:
The CCPA provides California residents with specific rights regarding their Personal Information. Sparkfly currently affords such rights to all U.S. consumers, provided that, if you are a Brand’s consumer, Sparkfly may refer you to a particular Brand or Brand(s) where processing of Personal Information has taken place pursuant to our contract with a Brand in order to exercise your rights, consistent with applicable law. For individuals whose state of residence does not afford these rights, we offer them voluntarily and at our discretion, and we reserve the right to limit or revoke any such rights at any time, as may be permitted by applicable laws. This section describes your CCPA rights and explains how to exercise those rights.
- Right to Know: You have the right to request what Personal Information about you we collect, use, disclose, and/or sell, as applicable, over the past 12 months as follows:
- the categories of Personal Information we collected and used about you;
- the categories of sources from which we collected the Personal Information about you;
- our business or commercial purpose for collecting or selling, as applicable, that Personal Information;
- the categories of third parties with whom we share that Personal Information;
- the specific pieces of Personal Information we collected about you; and
- if we disclosed your Personal Information for a business purpose or otherwise sold it, information regarding such disclosures, identifying the Personal Information categories that each category of recipient obtained.
Right to Delete: You have the right to request the deletion of your Personal Information that is collected or maintained by us. If we receive and confirm your verifiable consumer request, we shall delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies or as otherwise required by law.
- Right to Non-Discrimination: You have the right not to receive discriminatory treatment by us for the exercise of the privacy rights described above.
- Right to opt-out of the sale of personal information. You have the right to request to be opted out from the sale of your personal information, if applicable. However, as set forth above, Sparkfly does not sell Personal Information.
Exercising Your Rights
To exercise the CCPA rights described above, please submit a verifiable consumer request to us by either:
- Emailing us at firstname.lastname@example.org
- Sending postal mail to:
Sparkfly, Inc. Attention: Legal. 1440 Dutch Valley Place NE, Suite 1000, Atlanta, GA 30324 United States The above rights are subject to our being able to reasonably verify your identity and authority to make these requests. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child, if applicable. In addition, you may also have the right to direct Sparkfly not to sell certain of your Personal Information that we have collected or will collect about you; however, as set forth above, Sparkfly does not sell Personal Information. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. The above rights are also subject to various exclusions and exceptions under the law. Under certain circumstances, we may be unable to implement your request, pursuant to applicable law. We will advise you of any reason for denying or restricting a request to the extent permitted by law.
Other California Privacy Rights
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to email@example.com or write us at: Sparkfly, Inc. Attention: Legal. 1440 Dutch Valley Place NE, Suite 1000, Atlanta, GA 30323 United States
- We use a “session” cookie that allows Sparkfly to identify when a user has logged onto the Sparkfly Platform. This cookie is essential for using and navigating the platform. Without such cookie, basic functions of our platform would not work.
- Google Analytics, helps understand how visitors use the site. Google will use this information on our behalf to evaluate your use of the Site, compile reports on Site activity and similar data relating to use of the. Your IP address and other information collected by this cookie will be sent to and stored by Google on servers in the United States. You can prevent your data from being collected by Google Analytics on our Site by downloading and installing the Google Analytics Opt-out Browser Add-on for your current web browser at the following link: https://tools.google.com/dlpage/gaoptout?hl=en. Learn more about Google Analytics’ privacy practices at the following link: https://support.google.com/analytics/answer/6004245?hl=en&ref_topic=2919631.
DO NOT TRACK SIGNALS
Our Site currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Statement whether or not a DNT signal is received.
Changes to this Privacy Statement
We may change this Privacy Statement at any time. We will post all changes on this page and will indicate at the top of the page the modified policy’s effective date. We therefore encourage you to refer to this page on an ongoing basis so that you are aware of our current privacy practices. If required by the applicable law, we will notify you if the changes. By continuing to use the Site and/or the Services or providing us with information following such a replacement you agree that you will be deemed to have agreed to the Privacy Statement as changed.
If you have any questions or suggestions regarding this Privacy Statement please contact us at the following email address: firstname.lastname@example.org.