Last updated: 10 July 2013
Sparkup Ltd. (“Sparkup”) has created this privacy policy (“Privacy Policy”) to describe its commitment to privacy. Generally, you can browse through the Sparkup website at www.sparkupreader.com (together with its sub-domains, Content and Marks (“Site”) without providing any Personal Information (defined below) about yourself. When Sparkup needs your Personal Information or when you choose to provide Sparkup with your Personal Information, this Privacy Policy describes how Sparkup uses your Personal Information that it collects, receives, stores and discloses. For purposes hereof “Personal Information” means any information which can be used, either alone or in combination with other information, to distinguish, trace or personally identify a specific individual to whom the information applies, including, but not limited to, a first and last name, physical address, e-mail address or other contact information, identity or social security number, biometric record, date and place of birth and device identification.
By using the Site, you signify that, effective as of the date of use, you consent to the terms of this Privacy Policy, to Sparkup’s processing of your Personal Information and to sharing your User Content that you make publicly available through the Site as set forth herein and under the Terms. If you do not agree to this Privacy Policy, please do not use the Site. This Privacy Policy applies to all users of the Site and others who have access to the Site, including users who are also contributors of content and other materials or software. This Privacy Policy lists Sparkup’s current policies, but Sparkup reserves the right to modify this Privacy Policy at any time by publishing the revised Privacy Policy on the Site at http://sparkupreader.com/privacy-policy/ and therefore you are advised to review this Privacy Policy occasionally. Such change will be effective ten (10) days following the foregoing publication thereof, and your continued use of the Site thereafter means that you accept those changes. If you object to any change, your sole remedy is to stop your use of the Site and, if applicable, cancel and delete your Sparkup Account. This Privacy Policy forms part of the Terms of Use, available at http://sparkupreader.com/terms-of-use/ (“Terms”), and capitalized terms not defined herein shall have the meaning ascribed to them in the Terms.
1. Personal Information Collected
Currently you can visit the Site and access the general information available thereon Site without revealing your Personal Information. However, Sparkup may receive and/or collect your Personal Information in the following ways:
1.1. Registration. To access and/or use some of the services of the Site you may be required to create a Sparkup Account in accordance with the Terms and as defined therein. The Sparkup Account is created by completion of an online registration form, in which you will be required to provide Personal Information such as your Site username, a first and last name, company name, an email address, your Sparkup device identification and a password for your Sparkup Account (“Registration Information“). Without this minimum Registration Information you will not be able to create a Sparkup Account. Sparkup will then send you an email to your email address to instruct you how to confirm your registration.
1.2. Purchases. The Site may include the option to purchase certain products or services from Sparkup for a fee. If you choose to make a purchase via the Site, you will be required to pay the applicable fee as published on the Site, and provide additional Personal Information to complete the transaction, such as your social security number, company name, phone number, shipping address, related account and billing information and other specified data required to process the order. Sparkup may also update such data should you grant us permission to bill you for recurring charges, such as monthly or other types of periodic payments. Sparkup may use the tools, software or services of third party service providers (such as a credit card processing company to collect the applicable fee) to process transactions on Sparkup’s behalf, in which case you will be required to provide such third party certain Personal Information (such as your name, credit card number and related account and billing information). Such third party’s use of your Personal Information will be governed by its privacy policy and you agree to review and be bound by the terms thereof. Except as set forth herein, Sparkup will not share your financial Personal Information with any third person or entity.
1.3. Software Downloads. The Site may include an option to download certain Software from the Site. If you choose to do so, you may first be required to provide certain additional information such as your name, email address, device identification and other specified information. You acknowledge that your use of Software that you download via the Site is subject to the terms and conditions of the related end user license agreement, which you agree to abide by.
1.4. ‘Give feedback’ and ‘Contact Support’ Information. If you send Sparkup feedback or a “Contact Support” request by submitting an online form that Sparkup makes available or using an e-mail address that Sparkup provides at support@sparkup.com, or by calling the Customer Service number provided on the Site, Sparkup may collect information from you during your interaction with Sparkup, such as your first and last name, Site username, your company name, job title, email address, country and device identification. We will receive and store such information as well as any other Personal Information you disclose, which we will use as set forth below, including to reply to you and provide support.
1.5. Newsletter Mailing List. If you choose to receive newsletters or other promotional materials about the products and services provided through the Site, whether on a one-time or periodic basis, you may be required to provide Sparkup with information such as your first and last name, email address, country and other specified information.
1.6. Invite Friends Feature. If you choose to invite third parties you know to the Site through Sparkup’s Invite Friends Feature, you may be required to provide Sparkup with the first and last name and email addresses of such third parties you wish to refer.
1.7. Log Files. The Site may make use of log files. The information inside the log files may include without limitation, internet protocol (IP) address, type of browser, Internet service provider, date/time stamp, referring/exit pages, clicked pages and any other information your browser may send. Sparkup may use such information to analyze trends, administer the Site, track user’s movement around the Site, and gather demographic information] to better operate and enhance Sparkup’s services.
1.8. Cookies and Other Tracking Technologies. The Site may utilize “cookies” and other tracking technologies to collect information about your use of the Site and provide features and services to you. The Site may display third party advertisements and/or use a reputable third party to present or serve advertisements that may see at the Site. Sparkup may allow such authorized third parties advertisers or ad servers to play or recognize cookies, web beacons, clear gifs or similar tracking technologies to collect non-Personal Information about your activities on the Site, to help present such advertisements, and help measure and research the advertisements’ effectiveness. Sparkup does not control such third party advertisers or ad-servers, is not responsible for their privacy practices, and the use of these technologies by such third parties is subject to their own privacy policies and is not covered by this Privacy Policy. A “cookie” is a small text file that resides on your computer or other device (“Device“) which may be used for record-keeping and tracking purposes, for example, to collect and send information about Site activity and about you. Some cookies and other technologies may serve to recall Personal Information previously obtained from you. Cookies placed on your Device may remain stored thereon until you remove them. You may block or remove existing cookies by adjusting the settings on your Device. You may also adjust the settings on your Device to prompt you before accepting cookies. The only Personal Information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites. Sparkup uses cookies to assist in identifying you as a user, customize and enhance Sparkup’s services, content and advertising, to measure promotional effectiveness, and to promote trust and safety. Sparkup may also deploy tracking technologies within the Site to gather aggregate statistics that do not allow you to be personally identified.
1.9. User Content. If you submit, post or publish User Content on the Site, including in but not limited to the ‘Give Feedback’ feature, any forum, blog, chat room or other type of posting page, then Sparkup will receive and store such content, whether or not it includes Personal Information, and if you include Personal Information therein, by default it will become publicly available for all other Site visitors and/or users or the public to view, it is searchable and may be re-shared or used by such persons and Sparkup will not be responsible therefor. You can access, modify and delete User Content after you posted it on the Site at any time by using the tools provided on the Site, if available, or by sending Sparkup an e-mail request to account@sparkup.com but it may still be viewed in cached and archived pages of the Site for use as set forth herein, or by other Site visitors or users or the public who have saved it or used the ideas and information that you shared through your User Content. You may request deletion of your User Content from cached and archived pages of the Site by sending Sparkup an e-mail request to account@sparkup.com. If you publish your contact information as a part of your User Content, you may receive unsolicited messages from other Site visitors, users or the public. You decide the extent of your User Content and Personal Information that you wish to share and Sparkup recommends that you only post publicly User content that you want to be accessible to anyone. The notices and tools that we provide on the Site should help you become aware which User Content will become publicly available. Sparkup collects this information to provide you with services.
1.10. Links to Other Sites. The Site may include links to third party websites that are not owned or controlled by Sparkup. Other websites may also reference or link to the Site. Sparkup is not responsible for the privacy practices or the content of such other websites, and you visit them at your own risk.
2. Use of Personal Information
Your Personal Information collected or obtained through the Site may be used by Sparkup in the following ways:
2.1. Communications. Sparkup may use your:
2.1.1. nominated email address to: (i) instruct you how to confirm your registration, (ii) send you updates or information regarding the Site, products and services offered through the Site, and activities within your Sparkup Account; and/or (iii) respond to you regarding a ‘Contact Support’ request, complaints or claims you report, any administrative request or queries, and
2.1.2. Personal Information to: (i) contact you regarding the Site and your activities thereon, (ii) to identify and authenticate your access to parts of the Site that you are authorized to access and (iii) to send you newsletters and other promotional material which may be of interest to you, unless you have opted out of receiving such promotional material.
If you do not wish to receive such promotional material, updates or other communication from Sparkup, you can send a request to Sparkup to: unsubscribe@sparkup.com to opt-out of receiving such materials and each email you will receive from Sparkup will contain clear instructions on how to do so as well. You may not opt-out of receiving from Sparkup service-related messages or messages required to enable your use of the Site and/or your Sparkup Account.
2.2. Improvements; Customized Content.
Sparkup may use your Personal Information to test, monitor, provide and improve the Site, develop new offerings thereon, analyze and fix problems, automatically update the Site and/or Software, and provide personalized content and information, including customized advertising and information regarding activities within your Sparkup Account.
2.3. Transfer to Third Parties.
Sparkup may transfer your Personal Information to third party service providers (which may include hosting, maintenance, database maintenance and web analytics services) and/or Sparkup affiliated companies for them to perform business functions or services for Sparkup or on its behalf and/or to improve the Site. Such information may be transferred to countries around the world. Sparkup uses commercially reasonable efforts to require affiliated entities to agree to process your Personal Information in compliance herewith and to engage third party service providers that post a privacy policy governing their processing and use of Personal Information, however Sparkup does not exercise control of such entities and is not responsible for their privacy practices.
2.4. Invite Friends Feature
If you choose to invite third parties through the Invite Friends Feature, Sparkup will use the contact information that you provide to automatically send such third parties a one-time email inviting them to visit the Site. Sparkup may include your name in the invitation email. Sparkup may store this information only for the purpose of sending the invitation email and tracking whether the recipient registers a Sparkup Account. The recipients may contact Sparkup at unsubscribe@sparkup.com to request that Sparkup does not store this information or to opt-out from receiving future communications.
2.5. Compliance with Legal Process; Prevention of Harm.
Sparkup may access, preserve and disclose your Personal Information, User Content and/or other information you submitted through the Site if it has a good faith belief that disclosure thereof is appropriate or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental or other legal request; (ii) enforce this Privacy Policy, the Terms and other Sparkup terms or policies, including investigations concerning possible violations thereof; (iii) detect, prevent, or otherwise address fraud or other illegal or unethical activity or security issues; (iv) respond to your enquiries or requests, or (v) protect the rights, property or safety of Sparkup, its visitors, users, employees, yourself or the public.
2.6. Anonymous Information.
Sparkup may remove parts of your Personal Information that can identify you and disclose such anonymous information to third parties for purposes deemed in Sparkup’s discretion to be appropriate, including to advertisers. Sparkup may also combine your Personal Information with other information to generate aggregated information that does not enable you to be personally identified or contacted. Such aggregated information shows user activity as a whole rather than on an individual basis and may be used by Sparkup to provide insight on use of the Site and may be disclosed by Sparkup to third parties.
2.7. Change of Control; Bankruptcy.
Sparkup may transfer your Personal Information and/or assign this Privacy Policy to a third party that acquires or is merged with Sparkup as part of a merger, acquisition, sale, or other change of control or in the event of bankruptcy or other comparable event. Any such third party will have the right to continue to use such information that you provide.
3. Your choices about your Personal Information
3.1. Access and Accuracy.
Sparkup wishes to maintain accurate Personal Information that is submitted to or collected by Sparkup. You may review Personal Information that you submit to Sparkup, such as the Sparkup Account information, and may use the Site tools and settings to make certain changes thereto at any time. You may request deletion or correction of other Personal Information that Sparkup may store, by sending Sparkup an e-mail request to account@sparkup.com as set forth in Section 1.9 hereof. You must note that even after your request for a change is processed, Sparkup may, for a certain period, retain residual information about you in its backup and/or archival copies of its database as required by law or as necessary for the protection of the rights of Sparkup and its users.
3.2. Your Decision.
You decide at all times whether or not to provide your Personal Information. The notices provided on the Site and this Privacy Policy in circumstances where Personal Information is collected should assist you in make this decision. If you decide not to provide certain Personal Information, you may not receive the full benefit of being a Sparkup user and may be unable to access or use certain options, offerings and services within the Site.
3.3. Information Retention; Cancelling your Sparkup Account
Sparkup may retain certain of your information including Personal Information for so long as your Sparkup Account is active or as necessary to provide you services and for a reasonable time thereafter. If you wish to cancel and delete your Sparkup Account and your credentials, you may do so at any time by using the tools provided on the Site, if available, or by sending Sparkup an e-mail request to unsubscribe@sparkup.com. If you do so, Sparkup will use commercially reasonable efforts to remove your name and other Personal Information from Sparkup’s servers without liability. However, Sparkup and its affiliates reserve the right to retain certain of your information including Personal Information if it believes it to be necessary to enforce this Privacy Policy and/or Terms, prevent fraud or future abuse, or for legitimate business, backup, archival and/or audit purposes, or if required by law. In addition, information which you have shared with others through the Site, or that other Sparkup Site visitors and/or users or the public have copied or saved may also remain visible.
4. Security
The security of Personal Information is important to Sparkup and it follows generally accepted industry standards, including the use of appropriate administrative, physical and technical safeguards, to preserve the security, integrity, accuracy and privacy of the Personal Information you have provided. In addition, Sparkup will take reasonable steps to ensure that third parties to whom it transfers any Personal Information will provide commercially reasonable protection of that information. Please note however that there are inherent risks in transmission of information over the Internet or other method of electronic storage and there is a possibility that this information could be accessed by a third party while in transit and you assume that risk. In addition, Sparkup is not responsible for the actions of any third parties that may receive any such information. To help secure your Personal Information, please maintain the secrecy of your Sparkup Account information and unique password. If you have any questions about security on the Site, you can contact us at info@sparkup.com.
5. International Transfer
Sparkup, its affiliates or service provider may transfer the information you choose to provide to Sparkup or is submitted to Sparkup, including your Personal Information, to other countries around the world. Your consent to this Privacy Policy and provision of such information represents your agreement to that transfer.
6. Children
The Site is intended for individuals who are the age of 13 or older and any use of the Site by anyone under the age of 13 is expressly prohibited. Sparkup does not intend to collect Personal Information from individuals that it knows to be under the age of 13 years. Please contact Sparkup at info@sparkup.com if you have reasons to suspect that Sparkup has collected Personal Information from a child who is under 13. If Sparkup learns that it has collected Personal Information from a child under 13, it will promptly delete such information.
7. California Privacy Rights
California Civil Code Section 1798.83 permits the Site users who are California residents to request certain information regarding Sparkup disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to info@sparkup.com. Sparkup is only required to respond to one request per user each calendar year.
8. How To Contact Sparkup
Protecting the privacy of your Personal Information is important to Sparkup. If you have any questions or comments about this Privacy Policy or your Personal Information submitted to or collected by Sparkup, please contact us at info@sparkup.com.