Privacy Policy
SPRKLII, LLC
WEBSITE PRIVACY POLICY
This Privacy Policy (“Privacy Policy”) is applicable to the websites (“Websites”) of SPRKLII, LLC (collectively, “we”, “us”, “our”, or the “Company”). In addition to the Websites, this Privacy Policy are also applicable to all of the Company’s tools, documents, applications (including mobile applications and websites), and other services. Collectively, we call all of these Websites, tools, and applications “Services.” Please read this document carefully as it is a legally binding agreement between you and your heirs and representatives, further, if you are using the Services on behalf of an entity or company for whom you represent, this is a legally binding agreement on such entity (collectively, “you”), and us.
This Privacy Policy applies to information that is provided to us when you use the Services. We reserve the right in our sole discretion to modify this Privacy Policy at any time. We will post the most recent version of this Policy on this page of our Site. We encourage you to periodically review this page for the latest information on our privacy practices. This Privacy Policy shall be incorporated by reference into our Terms of Use, available here Terms of Service.
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1. COLLECTING PII AND OTHER INFORMATION.
While using the Services, you may provide us with certain personal information for yourself or for the company for whom you represent (“Personal Identifying Information” or “PII”). PII may include, but is not limited to, name, postal addresses, email addresses, telephone number, date of birth, social security number or tax id number, employer and employment information, credit history, payment history, credit card number, and/or other billing information. We may also collect information during your use of our website including operating system, your phone carrier, hardware you use, pages you viewed, your IP address, how often you visit the website, events that occur within the website during your use, aggregated usage information, performance data, the site and location from where you downloaded or otherwise accessed the Services, your browser type, your Internet service provider, the referring and exit pages, installed fonts, device IDs, language and time zone settings, and other information relating to your use of or access to the Services through the use of automatic data collection tools.
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2. USING PII.
We use PII in a number of ways, including, but not limited to, the following: (i) to provide and improve aspects of the Services; (ii) to improve the experience for all customers, including identifying, completing and expediting any problems, issues or requests customers may have related to our Services; (iii) to project, predict and understand customer usage and needs; (iv) to communicate with customers regarding Services updates, announcements, changes, and other offerings from us; (v) to facilitate auditing, prevent or investigate fraud, comply with requests from regulatory and law enforcement authorities, protect our rights, protect your safety, protect the safety of others, comply with applicable law, respond to subpoena or court order, and otherwise investigate, establish, exercise, and defend legal rights; and, (vi) to facilitate a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of our assets, financing, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence) and/or to facilitate any other activity in connection with the creation, development, offering, provision, or servicing of our products and Services.
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3. EMAIL.
By using our Services, you have the opportunity to provide us with your contact information in order to receive periodic updates and newsletters about us and our Services. We may use thirdparty communication software to send these emails. By using the Services, you agree to this disclosure, but have the ability to opt out of any such communications.
4. SECURITY.
We take the security of PII very seriously. We will follow industry best practices, including the provisions of the California Consumer Privacy Act of 2018, when it comes to the transmission and submission of your data, and every member of our team who is responsible for handling data follows these practices. However, no security measures are perfect or impenetrable, and we do not promise that your information will remain secure. We encourage you to let us know immediately if you suspect that any personal information you shared with us is being used contrary to this Privacy Statement.
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5. ANALYTICS AND TRACKING.
a. Cookies and Local Storage
We actively collects information through the use of “cookies” and “local storage.” We use these to observe usage patterns and traffic on our Site, and subsequently link the appropriate cookies to your PII and account in order to optimize your customer experience. When visiting our site, your browser may alert you to our usage of cookies or local storage. You can always set your browser setting to limit their usage; however, it may limit the features of our Services. This information may be stored using third-party services.
b. Web Beacons
Another tracking technology that we may employ is the Web Beacon (a.k.a. web bugs or clear gifs). These tools help us manage and observe our content, track email campaigns, and other communications, and optimize the way we present content. Like cookies, these tools can be linked to PII in order to provide better customization and specificity.
c. Log Data
Our servers automatically record certain information about how visitors interact with our Site - this is known as “Log Data.” Log Data is a broad category of data, but it can include, but is not limited to: (i) browser type; (ii) operating system; (iii) Internet Protocol address; (iv) pages viewed and duration of viewing; (v) features and functionalities used; and (vi) links clicked.
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6. ANONYMOUS AND DE-IDENTIFIED DATA.
We may use third-party advertising services that collect non-personally identifying information using cookies and the other tools mentioned above. You may opt out of this data collection at any time by contacting us as provided at the beginning of this Policy, and include your name and email address. Additionally, we may use aggregated, de-identified data to show larger trends in the use and delivery of our Services. No PII is disclosed in this process.
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7. ADVERTISING.
The Services may include third party tailored ad technology which enables customized and targeted ads to be displayed to you through the Services and on third party websites, apps and services. When you use the Services, we or third parties operating ad technology may use information that is collected through cookies, identifiers such as an IDFA on iOS devices or Android Advertising IDs, web beacons, pixels, or clear GIFs to ensure that appropriate ads are presented and to perform analytics concerning your use of the Services and other websites, apps and services tracked by these third parties. These technologies also may help control the number of times you see a given ad, deliver ads that relate to your interests, and measure the effectiveness of ad campaigns. To the extent any of this information is collected by third parties, you acknowledge and agree that such collection and use is governed by those third parties’ privacy policies and we are not responsible for the privacy practices of such third parties.
Please note that you will still receive ads even if you opt out of tailored ads through various third party partners. In that case, the ads will just not be tailored to your interests by participating companies.
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8. DISCLOSURE OF INFORMATION TO THIRD PARTIES.
We do not sell any of the PII without express consent. PII will only be disclosed as expressly set forth in this Policy.
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9. THIRD-PARTY SERVICES/LINKS.
We may use third-party platforms or services in order to deliver, maintain, or update our Services and software. As such, we may disclose PII to these third-party providers in order to maintain and continue the operation of the Services.
Our site may contain links to other websites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects PII.
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10. ACCESSING AND MANAGING YOUR INFORMATION.
Every Company customer or account holder can request access to their PII. You may request to review your PII and/or obtain a copy of your PII by contacting us at any time as provided at the beginning of this Policy. If you believe that the information is incomplete or inaccurate, you can request that we correct it. We may not, however, be able to provide information relating to investigations, claims, litigation, or other matters. We can make corrections whenever possible. You may also request to have us delete your PII, provided that you understand that deleting such information may make it impossible for us to render Services to you. We reserve the right to archive or save data in order to comply with laws and regulations.
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11. GOVERNING LAW, JURISDICTION, VENUE.
The information collected from our Services is hosted in the United States. Our Services are not offered outside the United States. If you are using or accessing the Services from outside the United States or any other region with laws or regulations governing personal data collection, use and disclosure that differ from the United States laws, please be advised that through your use of the Services, which are governed by United States law, you are transferring information to and from the United States and you consent to that transfer.
The laws of the State of Ohio and applicable United States law govern all matters arising out of or relating to this Policy, including, without limitation, interpretation, construction, performance, and enforcement, without giving effect to such state’s conflicts of law principles or rules of construction. You irrevocably and unconditionally submit to the jurisdiction of the federal and state courts venued in Hamilton County, Ohio for the purpose of any suit, action, or other proceeding arising out of or based upon this Policy, your access to or your use of the Services, which courts are the exclusive forum for any such suit, action, or other proceeding. You irrevocably and unconditionally submit to binding arbitration as set forth in our Terms of Use, available here.
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12. ASSIGNMENT.
The rights granted under this Policy are non-transferable and non-assignable by you, and such rights are not enforceable by anyone other than you, pursuant to applicable laws. However, we may transfer and/or assign any rights under this Policy without limitation and without notice or consent from you.
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13. ACCEPTANCE OF POLICY.
By using or accessing the Services, you acknowledge that you have reviewed and understand this Policy, and consent to the procedures identified in this Policy. You accept and consent to the collection of PII, the retention of PII, the handling of PII, and potential disclosure of PII as identified in this Policy.
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SPECIAL NOTICE TO CALIFORNIA RESIDENTS
These additional disclosures for California residents apply only to individuals who reside in California. The California Consumer Privacy Act of 2018, as amended (“CCPA”) provides additional rights to know, delete and opt out, and requires business collecting or disclosing Personal Information to provide notice of rights California residents have and can exercise.
Personal Information includes any personally identifiable information about you, including information that can identify, relate to, describe, be associated with you, or is reasonably capable of being associated with you, including, but not limited to, contact information, billing or credit card information, employment information, license information and financial information.
California Notice of Collection. We have collected Personal Information corresponding to the following categories enumerated in the CCPA, including within the last 12 months.
• Identifiers, including name, address, email address, account name, Social Security Number, Drivers’ license number, IP address assigned to your account.
• Customer records, phone number, billing address, credit or debit card information, employment information.
• Demographic information, such as your age or gender. This category includes pieces of Personal Information that also qualify as protected classification characteristics under other pre-existing California or federal laws.
• Analytics and Advertising, including engagement with the Platform.
• Internet activity, including history of visiting and interacting with our Platform or website, browser type, browser language and other information collected automatically.
• Geolocation data, including location enabled services such as WiFi and GPS. ï‚· Inferences, including information about your interests and preferences.
For more information on what we collect, including the sources we receive information from, review this Privacy Policy. We collect and use these categories of personal information for the business purposes described in this Privacy Policy.
We do not generally sell information as the term “sell” is traditionally understood. However, to the extent “sale” under the CCPA is interpreted to include advertising or transfer of Personal Information, as a “sale,” we will comply with applicable law as to such activity.
We disclose the following categories of information for commercial purposes: Commercial Information; Demographic Data; Location Data; Identifiers; Inferences; and Internet activity. We may use and partner with different types of entities to assist with our daily operations and manage the Platform. Please review this Privacy Policy, for more detail about the parties with which we share Personal Information.
Right to Know and Delete. If you are a California resident, you have the right to know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us:
• The categories of Personal Information we have collected about you;
• The categories of sources from which the Personal Information was collected;
• The categories of Personal Information about you we disclosed for a business purpose or sold;
• The categories of third parties to whom the Personal Information was disclosed for a business purpose or sold;
• The business or commercial purpose for collecting or selling the Personal Information; and
• The specific pieces of Personal Information we have collected about you
In addition, you have the right to delete the Personal Information we have collected from you. However, this is not an absolute right and we may have legal grounds for keeping such data.
To exercise any of these rights, please submit a request at sprkliibusiness@gmail.com. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete.
Right to Opt-Out. To the extent we sell your Personal Information as the term “sell” is defined under the CCPA, you have the right to opt-out of the sale of your Personal Information by us to third parties at any time. You may request to opt-out by contacting sprkliibusiness@gmail.com.
Authorized Agent. You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify your identity directly.
Right to Non-Discrimination. You have the right to non-discriminatory treatment by us, should you exercise any of your rights.
Shine the Light. Customers who are residents of California may request: a list of the categories of Personal Information disclosed by us to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes, and (ii) a list of the categories of third parties to whom we disclosed such information. To exercise a request, please contact us at sprkliibusiness@gmail.com. Requests must include “California Shine the Light Request” in the first line of the description and include your name, street address, city, state, and ZIP code. We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year. Please note that we are not required to respond to requests made by means other than through the provided email address or do not have complete information.
EFFECTIVE DATE: 5/10/24