Privacy Policy

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Sparked Privacy Policy

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May 7, 2014

The Extraordinaries, Inc., dba Sparked.com (“Sparked”) , provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive through www.sparked.com (the “Site”) from individuals and companies who register for an account with the Site (“Clients”), our related interactive retention analytics dashboard (including but not limited to our mobile device applications) (the “Platform”), and when you use a hosted application via our Platform (“Hosted Application”) (any and all of the foregoing, the “Services”). This Privacy Policy applies only to information that you provide to us through the Services (including that which we may collect on your behalf) when you use the Services.

This Privacy Policy may be updated from time to time. We will notify you of any material changes by posting the new Privacy Policy on the Site. You are advised to consult this policy regularly for any changes.

For the purposes of this Privacy Policy, the terms “you”, “your”, and “yours” shall mean the Client. As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.

Confidentiality

We treat all Customers Information (as defined herein) as confidential information, and we only use such information in accordance with this Privacy Policy. As such, we treat Customers Information with at least the same degree of care we use to protect our own proprietary information, and Customers Information is strictly restricted and used in accordance with specific internal procedures and safeguards governing access and may only be accessed by and disclosed to others with a legitimate business “need to know” in accordance with applicable laws and regulations.

Information Collection and Use

Personally Identifiable Information

  • In the course of using the Services (including a Hosted Application), we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you and administer your account (“Contact Information”), including, but not limited to, your name, phone number, company name, email address, and home and business postal addresses.
  • In order to process your subscription to use the Services, we will also ask you to provide us with credit card information and/or other billing information (“Billing Information”, and collectively with the Contact Information, the “Personal Information”).
  • We also collect the other information that you provide as part of registration and the administration and personalization of your profile webpage (e.g., without limitation, zip code (on its own) and individual preferences) (“Non-Identifying Information”).
  • Certain features of the Services may allow you to analyze the behavior of your customers (“Customers”). To use such features, you will need to provide certain information regarding your Customers, which may include, but not limited to, the following (collectively, the “Customers Information”): (i) Contact Information, (ii) CRM data, (iii) customer service data, (iv) social networking data, (v) information sent by a browser (“Log Data”), and (vi) API keys or other login information so we can access third party services on your behalf to enhance the Services.
  • We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) only to provide the Services, complete your transactions, and administer your inquiries.
  • Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Extraordinaries users to attempt to provide you with a better experience, to improve the quality and value of the Services and to analyze and understand how our Site and Services are used.
  • We may also use your Personal Information to contact you with Sparked newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your “user preferences” information. (See “Changing or Deleting Information” below.)
  • We store and use Customer Information to perform the services requested by you, including, but not limited to, providing the Services.

Log Data

When you use the Services, our servers automatically record your Log Data. This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site and the Services and for the Site’s technical administration, to increase our Site’s functionality and user-friendliness, and to better tailor it to your needs. We also use this information to verify that visitors to the Site meet the criteria required to process their requests.

Cookies

Like many websites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your registration ID and login password for future logins to the Site. Second, we utilize session ID cookies to enable certain features of the Site, to better understand how you interact with the Site and to monitor aggregate usage by Extraordinaries users and web traffic routing on the Site. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site and Services and then close your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Services.

Hosted Applications

  • When you deploy a Hosted Application or contact your Customers through the Services (such as a survey), as your agent and on your behalf we may collect Usage Data provided by Customers, which will contain the personally identifiable information of such Customers.
  • If you are a Customer using a Hosted Application or responding to a survey or similar request from us or the Client through the Services, the terms of this Privacy Policy govern the use and disclosure of your personally identifiable information in our capacity as a third party service provider to the entity or individual on whose behalf Sparked collected such information (“Sparked Client”). We will share this information with the relevant Sparked Client pursuant to your request to interact, follow and/or participate in Sparked Client’s service.

Emailing

Where a Client has selected the option of sending email messages to a group of their Customers, the message they create in the corresponding template will be sent from Sparked to those email addresses on their behalf.

Information Sharing and Disclosure

We will not share your Personal Information, Customer Data, nor an Confidential Information with any third party without your express written consent.

Service Providers

We may employ third party companies and individuals to facilitate our Services, to provide the Services on our behalf, to perform Site-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Site’s features) or to assist us in analyzing how our Site and Services are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Compliance with Laws and Law Enforcement

Sparked remains committed to respecting your privacy. We will disclose information about you to government or law enforcement officials or private parties only (a) pursuant to a court order or court-ordered warrant, or a subpoena or summons issued by a judicial officer; or (b) when we, in our reasonable discretion, believe it is necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Sparked or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal or legally actionable activity, with prior written notice to you.

Business Transfers

Sparked may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. Sparked will notify you before transferring your information to a new entity as part of a merger, acquisition, reorganization or sale of some or all of its assets if the new entity’s processing of your information will materially differ from that set forth in this Privacy Policy.

Changing or Deleting Your Information

All registered users may review, update, correct or delete the Personal Information in their registration profile by contacting us. If you completely delete all such information, then your account may become deactivated. If you would like us to delete your record in our system, please contact us at privacy@sparked.com with a request that we delete your Personal Information from our database. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.

Security

We are very concerned with safeguarding your information. Identity theft and other security risks are of great concern to Sparked. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication.  Additional information about our security can be found at Security.

We employ certain physical, technological, and administrative security measures. When you enter sensitive information (such as a credit card number) through the Services, we encrypt the transmission of that information using secure socket layer technology (SSL). We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. While we strive to use commercially reasonable means to protect your Personal Information, no method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can contact us at support@sparked.com. Please visit http://hello.sparked.com/security/ for more information on our security measures.

International Transfer

Your information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, Sparked transfers Personal Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Links to Other Sites

Our Services contains links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

Our Policy Toward Children

The Site and Services are not directed to children under 13. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at privacy at beextra dot org. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.

Safe Harbor

The Extraordinaries complies with the U.S.-EU Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. The Extraordinaries has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view The Extraordinaries’ certification, please visit http://www.export.gov/safeharbor/

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Contacting Us

If you have any questions about this Privacy Policy, please contact us at privacy@sparked.com or at:

The Extraordinaries, Inc.

345 9th St. #202

San Francisco, CA 94103

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Privacy Shield Update

Note that on July 12, 2016, Privacy Shield replaced Safe Harbor. The Extraordinaries complies with the Privacy Shield principles regarding the collection, use, and retention of personal information from European Union member countries. To learn more about the Privacy Shield program please visit https://www.privacyshield.gov. The Extraordinaries Privacy Shield application is currently in progress.

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