SPARKMESH PRIVACY POLICY
Sparkmesh Privacy Policy
Effective as of May 25, 2018
This privacy policy (this "Privacy Policy") tells you about the information that Sparkmesh ("Sparkmesh," "we," "us" or "our") collects in connection with the operation of our platform, including the website available at www.sparkmesh.com, all related mobile applications and our integrated services on affiliate platforms, where we make available to users various services, including live and recorded video posting, broadcast, text comment posting and all other related online services offered by Sparkmesh (collectively, the “Service”), how the information is used and how you can access and correct certain information that we may collect. “Sparkmesh,” “we” or “us” refers to Sparkmesh and the Sparkmesh Corporate Family in this Privacy Policy. The Sparkmesh Corporate Family means Sparkmesh, LLC. and its subsidiaries, parent companies, oint ventures and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers and directors.
Sparkmesh respects the privacy concerns of the users of the Service and have created this privacy policy to explain (1) what information we gather from you when you visit our Service, (2) how we may use such information, (3) your choices concerning how we may use such information and (4) the security measures we take to protect such information. Some information is collected on the Service automatically through our technology; other information is collected only when you choose to give it to us (e.g., when you set up an account, register for a contest or sign up for a specific online transaction).
Please note that this Privacy Policy applies only to information collected from you by Sparkmesh via the Service. It does not apply to information obtained or disclosed in offline correspondence or through other personal contacts with Sparkmesh representatives. Further, the Service may contain links to other entities' services that are not controlled or operated by Sparkmesh. This Privacy Policy does not apply to such third-party services, and Sparkmesh is not responsible for the content of such third-party websites or the privacy practices of such third parties. Therefore, we encourage you to request and review the privacy policies of any third parties upon disclosing any information to such parties or visiting such third-party services.
Notice to EU Residents
This Privacy Policy is intended to provide adequate and consistent safeguards for the handling of personal information in accordance with Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (the “Directive”) and all the relevant transposing legislation of the Directive in the European Union/European Economic Area, the Swiss Federal Data Protection Act, as such laws may from time to time be amended and valid during the application of this Policy, the Privacy Shield, and any other privacy laws, regulations and principles concerning the collection, storage, use, transfer and other processing of personal data transferred from the European Economic Area or Switzerland to the United States including but not limited to the 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 as of its entry into force on 25 May 2018.
Residents of the European Economic Area (“EEA”), can exercise certain data subject rights available to them under applicable data protection laws. We will comply with requests to exercise these rights in accordance with applicable law. Please note that in some circumstances, we may need to keep processing your information for certain legitimate interests or to comply with a legal obligation. If these rights apply to you, they may permit you to request that we:
- Obtain access to or a copy of certain personal information we hold about you
- Prevent the processing of your personal information for direct marketing purposes (including any direct marketing processing based on profiling)
- Update personal information that is out of date or incorrect
- Delete certain personal information we hold about you
- Restrict the way that we process and disclose specific personal information about you
- Transfer your personal information to a third-party provider of services
- Revoke consent that you previously provided for the processing of your personal information
If applicable, you may make a complaint to the data protection supervisory authority in the country where you are based. Alternatively, you may seek a remedy through local courts if you believe your rights have been breached.
Notice to California Residents - California Privacy Rights
California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (as defined by applicable California law) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. Sparkmesh does not currently disclose personal information to third parties for their direct marketing purposes unless you specifically ask us to do so.
We may use your personally identifying information to provide you with services, including to:
- provide any requested information, products or services
- enhance and improve the user experience
- internally aggregate data
- troubleshoot problems with the Service
- customize your experience on the Service
- enforce our Terms of Service or compliance with this Privacy Policy
- contact you with more information about Sparkmesh and its products or services
We may share your personally identifying information under certain circumstances as disclosed in this Privacy Policy.
We take reasonable measures to secure your personal identifying information, but we cannot promise, and you should not expect, that your personal information will remain secure in all circumstances.
Principles for Processing Personal Identifying Information
We respect your privacy and are committed to protecting your personal identifying information. We agree to use the following guidelines when processing data containing personally identifying information:
- Data will be processed fairly and in accordance with applicable law
- Data will be collected for specified, legitimate purposes and not in ways incompatible with those purposes
- Data will be relevant to the purposes for which it is collected and used
- Data subjects in the EU will be asked to provide their clear and unequivocal consent for the collection, processing and transfer of their personal information
- Data will be accurate and, where necessary kept up up-to-date. Reasonable steps will be taken to rectify or delete personal information that is inaccurate or incomplete
- Data will be kept only as it is necessary for the purposes for which it was collected and processed, as described in this Privacy Policy
- Data will be processed in accordance with the concerned party’s legal rights (as described in this Privacy Policy or as provided by law)
Appropriate technical, physical and organizational measures will be taken to prevent unauthorized access, unlawful processing and unauthorized or accidental loss, destruction or damage to data. In case of any such violation with respect to personal data, we will take appropriate steps to end the violation and determine liabilities in accordance with applicable law and will cooperate with the competent authorities.
Information We Gather Automatically
When you visit this Service, certain non-personally identifying information is recorded automatically by the standard operation of our Internet servers. Information such as the type of browser being used, its operating system, and your computer's Internet Protocol ("IP") address (a number that your Internet service provider assigns to your computer whenever you surf the Internet) is gathered in order to facilitate our Service and to assure an efficient online experience for users. If you access our Service from a mobile or other device, we may collect information for that device (including operating system, browser, type of device) in order to facilitate our mobile Services. We may use or share this information for security purposes, to generate aggregated statistics about our users or as required by law.
Sparkmesh may use generally non-personally identifying information for identification purposes in the event of an emergency threatening life or property or where proper legal process allows using such information. By example, we may use your IP address or other automatically recorded information, in cooperation with your Internet provider, to attempt to identify you if it is necessary to contact you or to bring legal action against you because you are violating the Terms of Service.
Third Parties
If you access our Service from a social media platform (i.e. Facebook, Instagram, Twitter, etc.) Sparkmesh receives certain information about you from the social media platform automatically. The information received depends on the Service, the social media platform, and the privacy settings on the social media platform set by users. If you access our Service from a social network, you should also read that social network’s Terms of Service and Privacy Policy.
Sparkmesh may also obtain information from third-party services regarding your use of such services, including about your use of the content you choose to broadcast through the Services. We use this information to supplement the information we collect about you in order to provide more relevant, safer experiences for you and improve the Services. If we combine or associate information from other sources with information that we collect through the Services, we will treat the combined information in accordance with this Privacy Policy.
Personal Information You Provide To Us
Some parts of the Service do not require the use, collection or processing of any personally identifying information, however in order to use some features of the Services users may be required to provide personal information in order to (1) complete an online registration form (e.g., registering for an account, various sign-up forms for receiving email newsletters, registering for special offers or responding to a survey); (2) fill out an order form to request information; (3) register to participate in broadcasting videos or posting on message boards (if any) and other community features; or (4) purchase any products or services from us or another Sparkmesh business. Additionally, when you ask for help from our Customer Support team, we will collect and store the contact information you provide, in order to provide support and improve the Service.
The personally identifying information we request may include your name, email address, mailing address and zip code, phone number, and, where appropriate, a valid credit card number with expiration date. In addition, we may collect other information such as your date of birth, gender, country of residence, language preference, hobbies and information regarding your interaction with our Service such as viewing habits, preferences and activities in which you participate. You are never required to provide any personally identifying information, but refusal to do so may limit your use of the Service.
Sparkmesh may use personally identifying information provided to us to create a user profile. User profile information will be held in a database using reasonable security measures to protect the personally identifying information from unauthorized access. Others outside Sparkmesh will not be allowed to see the information on your user profile except with your consent (see below). If you register to set up a user account, you will be able to access your user profile at any time in order to update the individual personally identifying information listed therein (see below under " Correcting or Review Your Information" for more details).
Sparkmesh’s Use of Your Information
Sparkmesh uses the information you provide (whether such information is personally identifying information or otherwise) to (i) operate, maintain, enhance, provide, create, and develop all of the features, functionality, and services (new or existing) found on the Service; (ii) provide security for our websites, mobile palatiform, integrated programs, products, software, or applications; (iii) manage relationships with Sparkmesh account holders, including making or receiving payment; (iv) improve your experience with the Service by providing content recommendations and by delivering content we think you will find relevant and interesting, including advertising and marketing messages; (v) allow you to comment on content, and participate in online games, contests, or rewards programs; (vi) prevent fraud and abuse; and (vii) understand the usage trends of our users.
We use your email address to communicate with you, including to notify you of Service updates, for customer service purposes, or to contact you regarding any content you have broadcast, posted to or downloaded from the Service.
Sparkmesh may periodically send promotional materials or notifications to you related to the Service. If you want to stop receiving promotional materials, you can go to your account settings in your registered user account or follow the unsubscribe instructions at the bottom of any email. If you have installed a mobile app and you wish to stop receiving push notifications, you can change the settings either on your mobile device or through the app.
Sparkmesh keeps track of the websites and pages you visit within the Service, what features and content you use and how frequently. This information may be used by Sparkmesh to (i) maintain and improve the content, design, usability, and quality of the Service; (ii) improve your user experience; to generate and provide statistics regarding use of the Service; (iii) deliver customized content and advertising within the Service to users whose behavior indicates that they are interested in a particular subject area; and (iv) to develop new products and services.
In certain cases, we have a legal obligation to collect and process your personal information (such as our obligation to share data with tax authorities).
We may also ask for your consent to process your personally identifying information for a specific purpose that we communicate to you. When you consent to our processing your personally identifying information for a specified purpose, you may withdraw your consent at any time and we will stop processing of your personally identifying information for that purpose.
Sparkmesh will rely on legal grounds to process your personally identifying information to the extent permitted by applicable law, which may include, without limitation: to honor contractual commitments, to take steps in anticipation of entering into contract, to fulfill legal obligations, your consent, and Sparkmesh’s legitimate interests.
Outside Use of Your Information
Sparkmesh uses the information you provide (whether such information is personally identifying information or otherwise) with our promotional partners and third-party advertisers. In such instances, our general practice is to ask you to "opt-in" to share such. However, in some instances, we may ask you to "opt-out" from sharing such information with a promotional partner or third party advertiser in connection with a specific promotion, registration page or contest. If you prefer, you may give us blanket permission to share your information with all of our promotional partners and third-party advertisers. Conversely, you may also choose not to allow us to share your information with any other companies outside Sparkmesh.
If you consent to share your information with our promotional partners and third-party advertisers, you are allowing such parties to use such information and to contact you in accordance with their own privacy policies. You have the option to change your mind and to stop us from further sharing your information with our promotional partners and third-party advertisers by modifying the preferences in your registered user account or by contacting support@sparkmesh.com and explaining how you would like to modify your preferences. We will not retrieve any information shared with our promotional partners and third-party advertisers prior to your decision to opt-out. If you wish to limit or discontinue receiving further communications from a promotional partner or third-party advertiser, please contact that company directly in the manner indicated in its own communications with you.
Without any specific approval from you, Sparkmesh may develop general aggregate data (i.e., data that cannot be used to identify specific individuals) about you that is partly based on information about you and your transactions us. We may share such aggregate statistics with promotional partners and third-party advertisers without your consent.
Finally, we may use your information in connection with third-party advertisers who serve ads to you while visiting the Service. These third-party advertisers may use your information (not including any personally identifying information you may provide) in order to generate advertisements about goods and services that may be of interest to you. If you would like to know more about this practice and to obtain information about how third-party advertisers use your information to select advertisements please click here.
Sparkmesh’s Disclosure of Personal Information
Sparkmesh will disclose your information to service providers working on our behalf, such as, to (i) provide online hosting, maintenance, and security services; (ii) fulfill orders; (iii) conduct data analysis and create reports; (iv) offer certain functionality; or (v) assist us in improving the Service and creating new services and features. We require that these parties process such information in compliance with this Privacy Policy, we authorize them to use the information only for the purposes for which it is provided to them, and we require them to use reasonable confidentiality measures.
Sparkmesh may make information available to the Sparkmesh Corporate Family.
Sparkmesh may disclose user information if we believe in good faith that such disclosure is necessary to comply with U.S. state and federal laws or other applicable laws around the world (for example, in the country of your residence), or respond to a court order, judicial or other government request, subpoena, or warrant in the manner legally required.
We reserve the right to disclose your information in special cases when we have reason to believe disclosing this information is necessary to identify, contact or bring legal action against you if you are violating the Terms of Service for this Service or may be causing injury to or interference (intentionally or unintentionally) with Sparkmesh's rights or property, other users of this Service or anyone else who could be harmed by your activities. Additionally, we cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to (i) respond to claims and legal process (including but not limited to subpoenas); (ii) protect the property and rights of Sparkmesh or a third party; (iii) protect the safety of the public or any person; (iv) prevent or stop activity we may consider to be, or to pose a risk of being, an illegal, unethical or legally actionable activity (v) protect Sparkmesh from potential liability or from fraudulent, abusive, or unlawful uses; (vi) investigate and defend ourselves against third-party claims, or allegations; (vii) protect the security or integrity of the Service; or (viii) protect the rights or safety of Sparkmesh, our users, or others.
Sparkmesh’s Disclosure of Personal Information
You may decline to share certain information with Sparkmesh, in which case we may not be able to provide to you some of the features and functionality found on the Service. If you have created a registered user account, you may update your profile information and preferences or disable your account by logging in and going to the settings page. If you close your account, Sparkmesh may retain certain information about you for the activities described in this Privacy Policy, or as permitted or required by applicable law.
For other requests to review, update, delete, or otherwise limit our use of information you have provided, you may contact support@sparkmesh.com. In your request, please include your email address, name, address, and telephone number and specify all relevant background. To protect your privacy and security, we may take steps to verify your identity before granting you access or making corrections to your information. You are responsible for maintaining the secrecy of your unique password and account information at all times.
Videos, Broadcasts, Messages, Comments and Posts
Certain features of the Services may allow users to upload or broadcast content, as well as, post messages, comments and other content on message boards, forums and instant messaging services. You are solely responsible for the content of messages you upload, broadcast or post. You should be aware that when you voluntarily disclose personally identifying information (for example, your name, street address, email address, or telephone number), that information can be viewed, read, collected and used by other users of these services and may result in unsolicited messages, both commercial and otherwise. You agree that by participating in such online public forums, you will not use such forums for any purpose that is unlawful or prohibited by the Sparkmesh. We reserve the right to terminate your access to this Service or to take other protective steps if you violate those terms.
If you connect to a third-party service (i.e. Facebook, Twitter, or another third-party application) through the Service or otherwise link your registered user account with a third-party service, you are requesting and authorizing us to share or grant access to information on your behalf (such as your username, the fact that your connection originated from the Service, and other relevant usage and diagnostic information) with such third party. We may also send information about the content you watch or your activities on the Service to such third parties. For example, we may make information available to app developers, game developers, and game publishers to facilitate purchases and awards of digital goods, such as games and in-game items.
Cookies
A "cookie" is a small text file that an Internet Service can place on your computer's hard drive for record-keeping purposes. Cookies make using the Sparkmesh Service easier by, among other things, saving your passwords and preferences for you, keeping track of your shopping cart when you visit an online store or other similar purposes, and to help identify you whenever you return to our Service, so you do not need to reenter your identification information. Most Internet browsers are initially set up to accept cookies. However, you can reset your browser to refuse all cookies or to alert you when a cookie is being sent (note: you may need to consult your browser's "Help" area for instructions on how to do that). If you choose to disable your cookies setting or refuse to accept a cookie, some parts of this Service will not function properly or may perform considerably slower. Some of our web pages may contain electronic images (called "Clear GIFs", "Single-Pixel GIFs", or "Web Beacons") that allow us to count page views or to access cookies. In general, any electronic image viewed as part of a web page, including an ad banner, can act as a Clear GIF. Typically, though, Clear GIFs are very small (1-by-1 pixel size) files. They are often invisible on a web page, but their presence can be detected within many Internet browsers by setting your browser to view web page "sources". Clear GIFs are so small in order not to use valuable space on the computer screen that is better used to display helpful content. We may also include Clear GIFs in our email products in order to determine information about the opening and reading of such emails. In addition, some advertising networks that serve ads on our web Service may occasionally use Clear GIFs within banner advertisements. Clear GIFs set by Sparkmesh generally are not used to collect, gather, monitor, or share personal information about our users, though they can be used in conjunction with cookies to record particular actions. We use Clear GIFs primarily to compile aggregated, anonymous statistics about web Service or email product usage.
Advertisers and Analytics Providers
We may use third-party Web analytics services in connection with the Service, such as those of Google Analytics, and its advertising features. These service providers use a variety of tracking technologies such as Cookies (see, above) to analyze how users use the Service. The information collected (described above in “Information We Gather Automatically”) will be collected directly by these service providers to evaluate your use of the Service. For more information on how Google Analytics uses data from our websites and how you can control the information sent to Google, click here. To learn about opting out of Google Analytics, please click here. Because these opt outs are cookie-based, please note that if you get a new computer or device, install or start using a new browser, or erase or alter your browser’s cookie file, you may need to opt out again.
Sparkmesh may allow advertisers, third-party advertising networks and third-party advertising serving companies to serve advertisements directly to you within the Service. By serving these advertisements directly to you, these companies can set their own cookies on your computer and trigger their own Web beacons and other tracking technologies to measure the effectiveness of their advertisements, and to collect and track information such as demographic information, inferred interests, aggregated information, and activity to assist them in personalizing the advertising content delivered to you. Sparkmesh does not provide information that is intended to identify you personally to these third-party ad servers or ad networks without your consent. However, if you respond to an advertisement that targets a certain audience (for example, males age 20 to 25 who have participated in certain promotions), the advertiser or ad-server may conclude that you fit the description of the audience that they were trying to reach.
This Privacy Policy does not apply to, and we cannot control the tracking technologies and activities of, other advertisers, third-party advertising networks, or third-party advertising servers. You should consult the respective privacy policies of these advertisers, third-party advertising networks, or third-party advertising servers. For more information about third-party advertising networks and similar entities that use these technologies, click here, and to opt-out of such ad networks’ and services’ advertising practices, for example, Google Analytics advertising features and Google’s use of cookies, go to the Network Advertising Initiative opt-out page, the Digital Advertising Alliance opt-out page, or the Your Online Choices page.
Do Not Track
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. We are committed to providing you with meaningful choices about the information collected on our website for third-party purposes, and that is why we provide the Network Advertising Initiative, Your Online Choices and the Digital Advertising Alliance opt-out links above. However, Sparkmesh does not recognize or respond to browser-initiated DNT signals.
Data Security
Sparkmesh uses a variety of managerial, technical, and physical measures to protect the integrity and security of your information. These measures may vary based on the sensitivity of your information. Despite many advances in information security technology and procedures no commercially deployed method of information transfer over the Internet or electronic data storage is known to be 100% secure. As a result, while we do strive to use modern and commercially reasonable means to protect your information, we cannot ensure or warrant the security of any information you transmit to Sparkmesh, and you do so at your own risk. We cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
Retention of Your Information
We keep your personal information to enable your continued use of Service, for as long as it is required in order to fulfill the relevant purposes described in this Privacy Policy, as may be required (or permitted) by law such as for tax and accounting purposes, or as otherwise communicated to you.
Children’s Privacy
IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER.
Protecting the privacy of young children is especially important. For that reason, Sparkmesh does not knowingly collect or maintain personal information (as defined by the United States Children’s Online Privacy Protection Act) from persons under 13 years-of-age. If Sparkmesh learns that personal information of persons under 13 has been collected on or through the Service, we will take appropriate steps to delete this information.
If you are the parent or legal guardian of a child under 13 who has registered for an unauthorized user account, then please contact Sparkmesh at support@sparkmesh.com to have that child’s account terminated and personal information deleted.
For residents of the EEA, where processing of personal information is based on consent, Sparkmesh will not knowingly engage in that processing for users under the age of consent established by applicable data protection law. If we learn that we are engaged in that processing with such users, we will halt such processing and will take reasonable measures to promptly remove applicable information from our records.
CAN-SPAM
All email communications from Sparkmesh are fully compliant with the CAN-SPAM Act, to the best of our knowledge. Please contact us should you believe you have received an email from Sparkmesh that is not fully compliant. We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Registered Users may opt-out of receiving any or all communications from Sparkmesh by editing their account at: https://www.sparkmesh.com/users/(your username)/edit or by emailing us at: support@sparkmesh.com
Merger or Sale
In the event that Sparkmesh, or some or all assets related to the Service are acquired by or merged with a third-party entity or in connection with a contemplated change of ownership transaction, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from users as part of that merger, acquisition, sale, or other change of control event, including in the course of diligence.
International Data Transfers
Information collected by Sparkmesh may be stored and processed in your region, in the United States (for instance in our major data centers), or in any other country where Sparkmesh or its affiliates, subsidiaries, partners, or service providers are located or maintain facilities. If we provide any information about you to any such entities, we will take appropriate measures to ensure such companies protect your information adequately in accordance with this Privacy Policy and applicable law.
Changes and Updates to this Privacy Policy
Sparkmesh reserves the right to change, modify, add, or remove portions of this Privacy Policy at any time (for example to reflect updates to the Service or to reflect changes in the law). Please check this Privacy Policy periodically for those changes. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes.
We will not materially change our policies and practices to make them less protective of personal information collected in the past under a prior version of the Privacy Policy without the consent of affected individuals.
Obligations to Data Protection Authorities
We will respond diligently and appropriately to requests from DPAs about this Privacy Policy or compliance with applicable data protection privacy laws and regulations. We will, upon request, provide DPAs with names and contact details of the individuals designated to handle this process. With regard to transfers of personal information, we will (i) cooperate with inquiries from the DPA responsible for the entity exporting the data and (ii) respect its decisions, consistent with applicable law and due process rights. With regard to transfers of data to third parties, we will comply with DPAs’ decisions relating to it and cooperate with all DPAs in accordance with applicable legislation.
YouTube
Sparkmesh is a site integrated with the YouTube Data API. In accordance with YouTube's current policies, we are informing you that you can find a copy of the YouTube privacy policy at: https://www.google.com/policies/privacy. Users may permanently revoke Sparkmesh's ability to engage with the YouTube Data API on their behalf via the Google Security Settings page.
Sparkmesh Contact Information
Please contact Sparkmesh with any questions or comments about this Privacy Policy at:
Sparkmesh
2110 Acton St. Apt #3
Berkeley, California 94702
Email: support@sparkmesh.com.
We will respond to your inquiry within 30 days of its receipt. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.