Thank you for using engageSPARK!
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).
Information We Collect
Information You Provide to Us
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.
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
Use and Disclosure of Your Personal Information
We may use and disclose your Personal Information only as follows:
- 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.
- 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.
- 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.
- To enforce compliance with our Terms of Service and applicable law. This may include developing tools and algorithms that help us prevent violations.
- To provide customer support, including technical support.
- To protect the rights and safety of our Members and third parties, as well as our own.
- To provide information to representatives and advisors, like attorneys and accountants, to help us comply with legal, accounting, or security requirements.
- To prosecute and defend a court, arbitration, or similar proceeding.
- To support and improve the Service. This includes adding features that compare Members’ Messages, including how they are structured.
- To communicate with you about your account for informational, not promotional, reasons.
- 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.
- 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
- 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.
- 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.
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:
- 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.
- 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.)
Additional information for European Union users
- 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.
- 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.
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.
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.
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