Privacy Policy

Thank you for using engageSPARK!

Please read this Privacy Policy carefully. This Privacy Policy is a part of our Terms of Service. By signing up for an account, you are agreeing to this Privacy Policy.

We respect and protect the privacy of our customers and those who use our website and our products and services. This Privacy Policy provides details about how your personal information is collected and used. Personal information is any information that identifies you or would enable someone to contact you, such as your name, email address, phone number and other non-public information that is associated with such information. This Privacy Policy applies to the Website and Service.

Words used in this Privacy Policy that begin with a capital letter have the definitions given to them in our Terms of Service. To make it easier for you to understand this Privacy Policy, we will restate some of those definitions:

engageSPARK (“engageSPARK” or the “Service”) is a messaging service offered through the URL www.engageSPARK.com (we will refer to it as the “Website”) that allows or will allow you to create, send, receive, and manage messages through multiple communication channels, including short message service (“SMS” or “text message”), voice, email, social media, fax, and/or other communication channels (we will refer to each inbound or outbound message, regardless of communication channel, as a “Message”).

engageSPARK Limited is a Hong Kong company limited by shares (“engageSPARK,” “we,” or “us”). engageSPARK has one or more parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (we will refer to engageSPARK and all of those entities and individuals collectively as the “engageSPARK Entities”). As a customer of the Service or a representative of an entity that is a customer of the Service, you are a Member according to this Agreement (we will refer to you as both a “Member” and as “you”).

In the course of providing the Service, we may collect Personal Information, which means information about our Members. As part of using the Service, you may submit, post, upload, type, enter, import, or otherwise bring into contact with the Service different types of data, including but not limited to text, graphics, photos, phone numbers, or other materials or information (we will refer to all of that data collectively as “Content” and to your bringing any Content in contact with the Service as “submitting” Content).

This Privacy Policy is a part of, and is incorporated into, our Terms of Service. If you have any questions about this Privacy Policy, feel free to contact our support team.

Changes

We may change this Privacy Policy from time to time. If we do, we will send an email to the last email address you gave us to let you know of any changes. You may object to any changes within 20 days after they are posted on our Website or delivered to you, in which case none of the proposed changes will be effective regarding information that we’ve already collected from you, but will apply only to information we collect in the future. We won’t treat information of any open account differently from any other open account. If you object to changes in the Privacy Policy, we will have to terminate your account. If you do not object to the changes to the Privacy Policy within 20 days of our emailing you the changes, and you continue to use the Service, your continued use will constitute your acceptance of our new Privacy Policy. We will always post a last updated date at the top of the Privacy Policy to indicate when we last updated it.

Effective Date

This Privacy Policy is effective regarding any Personal Information and any Content that you submit to the Service, according to our Terms of Service.

Information We Collect

Information You Provide to Us

When you register to use the Service, communicate with any member of our team, send us an email, or post on our blog, you are giving us information that we collect. That information may include your IP address, name, physical address, email address, phone number, credit card and other payment information, and other details like gender, occupation, organization information, location, and other information. By giving us this information, you consent to your information being collected, used, disclosed, and stored by us, only as described in our Terms of Service and Privacy Policy.

Content

When you submit Content to the Service, we have access to the data in the Content you submit.

Information from your Use of the Service

We may get information about how and when you use the Service. This information may include your IP address, time, date, browser used, and actions taken by you within the Service or Website. If you arrive at the Website from an external source (such as a link on another website or in an email), we record information about the source that referred you to us. We may use third party tracking services that employ cookies and page tags (also known as web beacons) to collect aggregated and anonymized data about visitors to our websites. This data includes usage and user statistics.

Cookies

When you visit the Website or register to use engageSPARK, we store “cookies,” which are strings of code, on your computer. We use those cookies to collect information about when you visit our Website, when you use the Service, your browser type and version, your operating system, and other similar information. You may turn off cookies that have been placed on your computer by following the instructions on your browser, but if you block our cookies, it may be more difficult (and maybe even impossible) to use the Service. When you play one of the videos on the Website, the Flash player may use local shared objects, which are also called Flash cookies. We don’t use these Flash cookies for anything, but we cannot stop the player from dropping them. Cookie management tools from your browser won’t remove Flash cookies, but here’s how to manage privacy settings for them.

Information from Other Sources

We may get more information about you, like name, age, and participation in social media websites, by searching the internet or querying third parties (we’ll refer to that information as Additional Member Information). We only collect data that is publicly available or provided by a third party according to its terms of use. We may use this Additional Member Information to develop new features.

Use and Disclosure of Your Personal Information

We may use and disclose your Personal Information only as follows:

  1. To promote use of our Services. For example, if you leave your Personal Information when you visit our Website and don’t sign up for the Service, we may send you an email asking whether you want to sign up. And if you use the Service, and we think you might benefit from using another Service we offer, we may send you an email telling you about it.
  2. To bill and collect money owed to us. This includes sending you emails, invoices, receipts, notices of delinquency, and alerting you if we need a different credit card number or other payment method information. We use third parties for secure credit card and other payment method transaction processing, and we send billing information to those third parties to process your orders, credit card payments, and other payment method payments. To learn more about the steps we take to safeguard that data, see the Section titled Safeguarding Your Information below.
  3. To facilitate account creation and the logon process. If you choose to link your engageSPARK account to a third party account (such as your Google, Facebook, or Yahoo account), we use the information you allowed us to collect from those third parties to facilitate the account creation and login process.
  4. To send you system alert messages. For example, we may let you know about temporary or permanent changes to the Service, like planned outages, new features, version updates, releases, abuse warnings, and changes to our Privacy Policy, Terms, or other policies.
  5. To enforce compliance with our Terms of Service and applicable law. This may include developing tools and algorithms that help us prevent violations.
  6. To provide customer support, including technical support.
  7. To protect the rights and safety of our Members and third parties, as well as our own.
  8. To provide information to representatives and advisors, like attorneys and accountants, to help us comply with legal, accounting, or security requirements.
  9. To prosecute and defend a court, arbitration, or similar proceeding.
  10. To support and improve the Service. This includes adding features that compare Members’ Messages, including how they are structured.
  11. To communicate with you about your account for informational, not promotional, reasons.
  12. To transfer your information in the case of a sale, merger, consolidation, or acquisition. In that event, any acquirer will be subject to our obligations under this Privacy Policy. If required, engageSPARK will notify the applicable data protection agency in each jurisdiction of such a transfer in accordance with the notification procedures under applicable data protection laws.
  13. To giveyour billing contact access to your account details. If your details (as the account holder) are different to the billing contact listed for your account, we may disclose your identity and account details to the billing contact upon their request (we also will usually try to notify you of such requests). By using the Service and agreeing to this Privacy Policy, you consent to this disclosure.
  14. To send you informational and promotional content that you may choose (or “opt in”) to receive. You can stop receiving our promotional emails by following the unsubscribe instructions included in every email.
  15. To meet legal requirements, like complying with court orders and valid subpoenas. Occasionally, we have to disclose information about our customers to meet legal requirements. Third-party disputes are a common example: If two parties have a dispute, and one of them used engageSPARK in a way that is relevant to the dispute, then we might get a request for user data. Whether we say no way or comply is in our sole discretion and depends on the subpoena.

Other than as stated above, we do not share your Personal Information with third parties.

Public Information and Third Parties

  1. Blog. We have public blogs on our Website. Any information you include in a comment on our blog may be read, collected, and used by anyone. If your Personal Information appears on our blogs and you’d like it to be removed, contact us here. If we are not able to remove your information, we will let you know why.
  2. Social Media Widgets. Our Websites include social media features, like the Facebook Like and Share buttons, Twitter Share buttons, and other similar social media buttons. These features may collect information about your IP address and which page you are visiting on our site, and they may set a cookie to make sure the feature functions properly. Social media features and widgets are either hosted by a third party or hosted directly on our site. Your interactions with those features are governed by the privacy policies of the companies that provide them.
  3. Links to Third-Party Sites. Our Websites include links to other websites, whose privacy practices may be different from engageSPARK’s. If you submit Personal Information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website that you visit.

Content of Messages You Send or Receive through the Service

When you send or receive Messages, they may bounce around through servers on the Internet and may pass through different third parties systems. For example, an SMS Message that you send through the Service could pass from our servers to our suppliers’ servers to telecommunications companies’ systems and then to the recipient’s mobile phone handset. Along the way, any of these third parties may be able to read what you send or receive.

Sometimes we review the Content of our Members’ Messages to make sure they comply with our Terms of Service. To improve that process, we have software that helps us find Messages that may violate our Terms. Our employees or independent contractors may review those particular Messages. This benefits all of our Members who comply with the Terms of Service because, among other things, it reduces the amount of spam being sent through our system and helps to maintain high deliverability.

Content You Submit to the Service

Content that you submit to the Service is stored on secure servers. Content that you submit may include personal details of your contacts, including their contact details, your users, including their contact details, and other information that you may want to keep private.

We may disclose or share your Content as follows:

  1. To our service providers. We use service providers who help us to provide you with our services. We give relevant persons working for some of these providers access to your information, but only to the extent necessary for them to perform their services for us. We also implement reasonable contractual and technical protections to ensure the confidentiality of your Personal Information and Content is maintained, used only for the provision of their services to us, and handled in accordance with this Privacy Policy. Examples of service providers include payment processors, SMS, Voice, and email service providers, and web traffic analytics tools.
  2. Aggregated and anonymized information to third parties. No individuals can be identified or linked to any part of the information we share with third parties.
  3. The presence of a cookie to advertise our services. We may ask advertisers to display ads promoting our services on other websites. We may ask them to deliver those ads based on the presence of a cookie but in doing so will not share any other information with the advertiser. Our advertising network partners may use cookies and page tags or web beacons to collect certain non-personal information about your activities on this and other websites to provide you with targeted advertising based upon your interests. If you do not wish to have this information used for the purpose of serving you such targeted ads, you may opt-out by contacting our support team. You will continue to receive generic ads.
  4. Information you expressly consent to be shared. For example, we may expressly request your permission to provide your contact details to third parties for various purposes, including to allow those third parties to contact you for marketing purposes. (You may later revoke your permission, but if you wish to stop receiving communications from a third party to which we provided your information with your permission, you will need to contact that third party directly.)

Except as described elsewhere in this Privacy Policy, we do not contact any contacts whose contact information you submit to the Service, market to any of those contacts, or steal, sell, or share your contact lists. If one of your contacts complains or contacts us, we may then contact that person. Only authorized employees have access to view the contact information of your contacts. You may export Content that you submitted to (and did not delete from) engageSPARK at any time via the methods available on the Website.

Additional information for European Union users

  1. Personal data. For users located in the EU, references to Personal Information in this Privacy Policy are equivalent to what is commonly referred to as “personal data” in the EU.
  2. About IP addresses. Our servers record the incoming IP addresses of visitors to our websites (whether or not the visitor has an engageSPARK account) and store the IP addresses in log files. We use these log files for purposes such as system administration and maintenance, record keeping, tracking referring web sites, inferring your location, and security purposes (e.g. controlling abuse, spam and DDOS attacks). We also store IP addresses along with certain actions you take on our system. By agreeing to this privacy policy, you expressly consent to engageSPARK using your IP address for the foregoing purposes. If you wish to opt out from the foregoing consent to use your IP address, you must cancel your account (if you have one).
  3. Data controller. engageSPARK, whose contact information is listed above, is the data controller for registration, billing and other account information that we collect from users in the EU. However, the data controller for Content that you submit to the Service is you.
  4. Your responsibilities. By using the Service, you agree to comply with applicable data protection requirements when collecting Content outside the Service that you submit to the Service.

By clicking “I Agree” or any other button indicating your acceptance of this Privacy Policy, you expressly consent to the following:

You consent to the collection, use, disclosure and processing of your personal data in the manner described in this Privacy Policy, including our procedures relating to cookies, IP addresses and log files.

Our servers are based in the United States, so your personal data will be primarily processed by us in the United States. You consent to the transfer and processing of your personal data in the United States by engageSPARK.

You consent and agree that we may transfer your data to data processors located in countries, including the United States, which do not have data protection laws that provide the same level of protection that exists in countries in the European Economic Area. Your consent is voluntary, and you may revoke your consent by opting out at any time. Please note that if you opt-out, we may no longer be able to provide you the Service, and you will not receive a refund of any Funds in Your Account.

You consent to us sharing your personal data with relevant persons working for service providers who assist us to provide our services.

If you have enabled cookies on your web browser, you consent to our use of cookies as described in this privacy policy.

Security Breach Notice

Nobody is safe from hackers. If a security breach causes an unauthorized intrusion into our system that materially affects you or contacts that you submit to the Service, then we will notify you as soon as possible and later report the action we took in response.

Safeguarding Your Information

To protect your information, our credit card processing vendor uses the latest 128-bit Secure Socket Layer (SSL) technology for secure transactions. Our vendor is certified as compliant with card association security initiatives, like the Visa Cardholder Information Security and Compliance (CISP), MasterCardŽ (SDP), and Discovery Information Security and Compliance (DISC).

engageSPARK accounts require an email address and password to log in, and in some circumstances require you to satisfy additional security or verification measures, such as answering a security question that you set. You must keep your password, security question, and security answer secure, and never disclose any of them to a third party. Because the Content you submit to the Service is so sensitive, account passwords are encrypted, which means we cannot see your passwords. We cannot resend forgotten passwords either. We can only reset them.

Accuracy of Data, Transparency, and Choice

We do our best to keep your Personal Information accurate and up to date, to the extent that you provide us with the information we need to do that. If your Personal Information changes (like a new email address), then you are responsible for notifying us of those changes.

We only store data about you for as long as it is reasonably required to fulfill the purposes that gave us the right to access it in the first place. We keep some data indefinitely, regarding when Messages were sent or received; where Messages were sent or from where they were received; which Messages were delivered and which were not (if we are able to determine that information); which Messages resulted in a complaint, and similar information, because we use it to help us screen out people who violate SPAM laws, and for other reasons explained in this policy.

We will give you access to any Personal Information about you that we hold within 30 days of any request for that information you make to our support team. Unless it is prohibited by law, we will remove any Personal Information about you from our servers at your request. Under certain circumstances, we may terminate your account if you ask us to remove Personal Information about you from our servers. In that case, you will not receive a refund of any Funds in Your Account.

Safety of Minors

The Service is not intended for and may not be used by minors. “Minors” are individuals under the age of majority in their place of residence (or under 13 in the United States). engageSPARK does not knowingly collect personal data from minors or allow them to register. If it comes to our attention that we have collected personal data from a minor, we may delete this information without notice. If you have reason to believe that this has occurred, please contact our support team.

English Version Controls

Any non-English translations of this Privacy Policy are provided for convenience. In the event of any ambiguity or conflict between translations, the English version is authoritative.

Enforcement

We regularly review our compliance with this Privacy Policy. If we receive a written complaint, then we’ll respond to the person who made it. We work hard to resolve any complaints we receive from our Members.

Thank you for taking the time to learn about engageSPARK’s Privacy Policy!