PRIVACY POLICY


We are Sparkly (“Sparkly”). This Privacy Policy describes how we protect personal data and respect privacy of individuals both professionals and consumers, who enter our website and/or use our services. Any questions or concerns with respect to your data or privacy should be directed to our data protection officer via e-mail: contact@sparkylive.com.

The controller of your data is:  

Sparkly Sp. z o.o. having its registered seat at ul. Wadowicka 6, 30-415 Kraków, Polska, entered in the register of entrepreneurs kept by the District Court in Krakow Commercial Division of the National Court Register under the number 0000805496 , Tax identification Number 6832106999, e-mail: contact@sparkylive.com.

1. APPLICABILITY OF THIS PRIVACY POLICY
This Privacy Policy applies to Sparkly’s website located at  (the “Website”), Sparkly’s cloud-based platform and digital product solutions for real-time engagement (collectively the “Services”) and any other interactions (e.g. sales inquiries, customer support, etc.) you may have with Sparkly.

This Privacy Policy does not apply to any third party applications or technology that may integrate with the Services, or any other third party products, services, or businesses (“Third Party Services”), in particular owners of social media to which you may wish to integrate the functioning of the Services. While using the Services, you may be directed to a third party website via links or other references, which may take you to that third party website (“Third Party Websites”). This Privacy Policy does not apply to you or any other data collected from or provided by you to Third Party Websites. You should review such Third Party Services’ or Third Party Websites’ privacy policy (and other terms and conditions) to determine how your data will be used before sharing any Personal Data.

Third Party Service Integration:

  • Facebook - Sparkly collects some data about your Facebook activity as permitted by Facebook's Terms of Service for use by our tools. Learn more about Facebook's Privacy Policy at https://www.facebook.com/policy.php

2. NOTICE TO END USERS
We use, store and process your personal data which you voluntarily supplied us with, such as by filling in a contact or registration form. If we collect any other personal data, you will be informed in this Privacy Policy and/or on the Website, of the intended purpose of use and, if necessary, asked for your consent to store and process the data. Your express consent to our collecting, processing or using your personal data is not always necessary and sometimes applicable legal regulations will constitute sufficient basis of our collecting, processing or using your personal data – you may find more detailed information in this respect in point 4 of this Privacy Policy.

Sometimes you provide us with data and sometimes data about you is collected automatically. To the extent data is associated with an identified or identifiable natural person and is protected as personal data under applicable data protection laws, in particular Regulation (EU) 2016/679 of The European Parliament and of The Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”) it is referred to in this Privacy Policy as “Personal Data”.

3.1 User Information

To use the Services you need to provide us with data which may be your Personal Data, such as:
a) your name,
b) email address,
c) phone number,
d) form field responses,
e) unique identifier,
f) geographic region or location,

3.2 Hosted Data
When you use or interact with the Services, we may collect, process, and store any data that is created, posted, uploaded, stored, displayed, transmitted or submitted on or through the Services (collectively “Hosted Data”), as a function of rendering the Services. Hosted Data may contain Personal Data to the extent you disclose Personal Data on or through the Services.

3.3 Other Information
Sparkly may collect Other Information from you related to your usage of the Services and interactions with Sparkly. Other Information may include Metadata, Log Data, Technical Data, Cookie Data, Third Party Services, and Additional Information Provided to Sparkly.

Metadata. When you interact with the Services, metadata is generated that provides additional context about the Services and the way you use the Services (“Metadata”). Sparkly collects aggregated Metadata of the Services, so that the resulting data and statistics are not personally identifiable to any individual user.

Log Data. Like most websites and web-based technology services, our servers automatically collect data when you access or use our Website or the Services and record it in log files (“Log Data”). The Log Data may include your Internet Protocol (“IP”) address, Internet service provider (“ISP”), browser type and settings, information about browser plugins, language preference, default email application, referring/exit websites, operating system, date and time stamp, cookie data, and certain user activities.

Technical Data. Sparkly collects technical data, such as information about devices accessing the Services, including the type of device, device settings, operating system, application software, peripherals and unique device identifiers (“Technical Data”). Technical Data does include any Personal Data and Sparkly does not relate any Technical Data to any individual user.

Cookie Information. Sparkly uses cookies and similar technologies in our Website and Services that help us collect Other Information. The Website and Services may also include cookies and similar tracking technologies of third parties, which may collect Other Information about you via the Website and Services. Cookies are small text files sent by us to your computer or mobile device for later retrieval. They are unique to you or your browser. Session-based cookies last only while your browser is open and are automatically deleted when you close your browser. Persistent cookies last until you or your browser delete them or until they expire. We use both session-based and persistent cookies to help with authentication, security, identifying your preferences, analytics, and otherwise monitoring the functionality and performance of the Services. Most browsers are initially set to accept cookies. If you do not wish to have cookies placed on your computer or in local storage, you may adjust your web browser settings accordingly. However, restricting cookies may impede your ability to use the Services or certain features of the Services. Information on the scope in which your use of Services may involve use of Cookies may appear at the screen of your device.

Third Party Services. Services may be reliant upon integrations with Third Party Services. Third Party Services may share certain data with Sparkly to effectuate the integration. You should check the privacy settings and notices of these Third Party Services to understand what data may be disclosed to Sparkly. When the Services are integrated with Third Party Services to enhance the Services (e.g. Facebook, Twitter, Instagram, etc.), we may receive data regarding your credentials for and use of the applicable Third Party Services, such as your user name, your unique identifier, and your information transmitted from or made available with permissions by such Third Party Services (e.g. avatar or profile image, screen name, profile description, gender, age range, language, geographic region or location, publicly shared content (text, image, or video), etc.). When the Services are integrated with Third Party Services for the login and authentication process (e.g. Google Sign-In, Facebook Login, Sign in with Twitter, etc.) and you log in to the Services using a Third Party Services authenticator, we may receive data regarding your credentials for the applicable Third Party Services, such as your log-in, your user name, your email, your unique identifier, profile picture and your information transmitted from or made available with permissions by such Third Party Services (e.g. avatar or profile image, screen name, profile description, gender, age range, language, geographic region or location, publicly shared content (text, image, or video), etc.).

Additional Information Provided to Sparkly. Sparkly receives data when submitted on our Website or through our Services or if you contact us (e.g. by e-mail, telephone, written correspondence, web based forms or otherwise), request support, apply for or take a job with us, contract with us, interact with our social media accounts, or otherwise communicate with us.

4. HOW AND WHY WE USE DATA

Personal Data will be used by Sparkly to provide the Website and Services, perform contractual obligations and/or pursuant to your express consent for a specific purpose. Specifically, Sparkly may use Personal Data for these purposes and legal bases:

Providing the Website and Services – Article 6(1)(b) GDPR

To make the Website and Services available, manage user requests interacting with the Services (e.g. login and authentication, remembering settings, etc.), hosting and back-end infrastructure, analyze and monitor usage, monitor and address service performance, security, and technical issues.

Analytical and statistical – Article 6(1)(f) GDPR

To improve the functionalities of the Website and Services, test features, conduct data analysis and research, including analysis of your activity and preferences.

Communications – Article 6(1)(b) GDPR and Art. 6(1)(a) GDPR

To send service, technical, and administrative e-mails, messages, and other communications. Servicerelated communications and notices, such as maintenance and security announcements, are essential to delivery of the Services. Marketing communications about new product features, service offerings, and other news about Heureka are optional and you have the choice whether or not to receive them. In case of marketing communications, where the processing is based on point (a) of Article 6(1), you have the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

Account Management – Article 6(1)(b) GDPR

To contact for billing, account management, feedback, and other administrative matters.

Legal Obligations – Article 6(1)(c) GDPR

To comply with legal obligations as required by applicable law, legal process or regulations.

5. HOW WE SHARE AND DISCLOSE DATA

Sparkly will not use or disclose your Personal Data for any purpose other than to the extent necessary to perform the Services and related support for the Services, unless you expressly consent to any other use or disclosure. Sparkly may share and disclose data in particular with respect to:

Rendering the Services. Sparkly employees and contractors may have access to your data to the extent necessary to render the Services and related support for the Services.

Subcontractors. Sparkly may engage third parties to process data in support of delivering of the Services Sparkly may share your data, including Personal Data, with such subcontractors to the limited extent necessary to let them perform business functions and services for us or on our behalf in connection with the provision of the Services; provided that such subcontractors provide sufficient guarantees to implement appropriate technical and organisational measures in such a manner that processing will meet the requirements of applicable laws and safety procedures, this Privacy Policy and will not use or disclose Personal Data for any other purpose.

Third Party Services. The Services may be reliant upon integrations with Third Party Services. Sparkly may share certain data with such Third Party Services as requested to effectuate the integration. Third Party Services are not owned or controlled by Sparkly and Third Parties Services that have been granted access to your data may have their own policies and practices for its collection and use. You should check the privacy settings and notices of these Third Party Services to understand their privacy practices.

Aggregated or De-identified Data. If any data is aggregated or de-identified so it is no longer reasonably associated with an identified or identifiable natural person, we may use or disclose such aggregated or de-identified data for any purpose. For example, we may share aggregated or de-identified data with prospects or partners for business or research purposes, such as statistical analysis, to research trends and predictive analysis or to develop or improve the Services.

Protection of Rights. Sparkly may disclose data to protect and defend our rights and property, including intellectual property rights, and to ensure compliance with applicable laws and enforce third party rights, including intellectual property and privacy rights.

Legal Compliance. If we are compelled by law, such as to comply with a court order or other lawful process or in response to a lawful request by public authorities to meet law enforcement requirements, Sparkly may disclose data if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation, or legal process.

Your Consent. Sparkly may disclose your data to third parties when we have your express consent to do so. For example, if you affirmatively consent and opt-in to our partner’s marketing messages, we will share your data with such partner only for that purpose.

6. HOW LONG WE USE THE DATA

Sparkly may retain your Personal Data for as long as necessary for the purposes described in this Privacy Policy, including for the period of time needed to provide the Services, conduct audits, resolve disputes, comply with contractual obligations, and comply with (and demonstrate compliance with) legal obligations.  

7. SECURITY MEASURES

Sparkly maintains physical, technical, and administrative procedures to safeguard and secure the data we collect. We work hard to protect data in our custody and control from loss, misuse, and unauthorized access, use, disclosure, modification, or destruction. Unfortunately, no data transmission over the Internet is guaranteed to be 100% secure, and we cannot guarantee that unauthorized access, hacking, data losses or other breaches will never occur. You provide Personal Data at your own risk. If you believe your privacy has been breached, please contact us immediately at contact@sparkylive.com

8. INTERNATIONAL DATA TRANSFERS

Sparkly primarily processes and stores data in connection with the Services in Poland. However, the Services are global and all data, including Personal Data, may be processed and stored in any country where we have operations or where we engage Subcontractors. We may transfer data, including Personal Data, to countries outside of your country of residence, which may have data protection laws that are different from those guaranteed by GDPR, only if such third country ensures an adequate level of protection confirmed by the decision of the European Commission We will take all measures to ensure that your Personal Data remains protected to the standards described in this Privacy Policy and any such transfers comply with GDPR. Courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Data.

9. YOUR RIGHTS

Individuals have certain statutory rights guaranteed by GDPR in relation to their Personal Data. Subject to any exemptions provided by law, you may have the right to exercise your rights and request certain actions with respect to your Personal Data as described below.

Right of access and to rectification
Sparkly is committed to maintain accurate information that you share with us and will use commercially reasonable efforts to allow you to access your Personal Data. Upon request, we will provide you with information about whether we hold or process any of your Personal Data. To request this information or if you wish to access, modify, or remove your Personal Data, please contact us at contact@sparklylive.com. Sparkly will endeavor to respond to all reasonable written requests to access, modify, or remove Personal Data in a timely manner within thirty (30) days.

Right to Erasure (“Right to be Forgotten”)
You may have a right to erasure of Personal Data that we hold about you, such as, for example, if it is no longer necessary in relation to the purposes for which it was originally collected or we do not have a legal reason to continue to process and hold it. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations.

Right to Restrict Processing
You may have the right to request that we restrict processing of your Personal Data in certain circumstances, such as, for example, where you believe that the Personal Data we hold about you is inaccurate or unlawfully held. We may be permitted to store the data but not further process it. We may need to keep just enough data to make sure we respect your request in the future.

Right to Data Portability
You may have the right to be provided with your Personal Data in a structured, machine readable and commonly used format and to request that we transfer the data to another data controller without effecting the usability of the data.

Right to Object to Processing
You may have the right to request that we stop processing your Personal Data, such as for the purpose of direct marketing, scientific and historical research or for a task in the public interest.

Right to Lodge a Complaint
You may also have the right to complain to a data protection authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority. If you are entitled to and would like to exercise such rights, please contact us at contact@sparkylive.com. To protect your privacy and security, we may take steps to verify your identity before complying with the request.

10. ENFORCEMENT

Sparkly will actively monitor its relevant privacy and security practices to verify adherence to this Privacy Policy. Any agents, contractors, service providers or other third parties subject to this Privacy Policy that Sparkly determines is in violation of this Privacy Policy will be subject to disciplinary action up to and including termination of such services. If you believe there has been a violation of this Privacy Policy, please contact us immediately at contact@sparkylive.com.

11. CHANGES TO THIS PRIVACY POLICY
Sparkly may change, modify, or update this Privacy Policy from time to time, in whole or in part, in Sparkly’s sole discretion. We encourage you to visit this page at www.sparklylive.com to stay informed about our privacy practices and review our most current Privacy Policy. Notwithstanding the foregoing, in case of any changes, modifications or updates to this Privacy Policy Sparkly will notify you via the e-mail associated with your account or relevant notification provided on the Website.  

12. CONTACT US
We encourage you to contact us with any questions, complaints, or requests with respect to your Personal Data, this Privacy Policy, and/or our privacy practices.

You may contact us at:
Email: contact@sparkylive.com
Sparkly sp. z o.o.   
ul. Wadowicka 6
30-415 Kraków, Polska