Your privacy is important to us. This Policy describes how Sparks collects and uses information when you visit our website.
- INFORMATION COLLECTED
Personally Identifiable Information. The majority of the information provided by Sparks on the Sparks website is available without Sparks collecting any information that is identifiable to you as an individual, such as your name, email address, street address or telephone number (Personally Identifiable Information). However, Sparks does collect Personally Identifiable Information that you may provide voluntarily, such as when you:
- Submit an online request for information about Sparks
- Ask us about employment opportunities and send us your resume or other employment experience information
- Complete a survey
- Send us an e-mail message
You have a choice as to whether to provide Sparks with any Personally Identifiable Information, but portions of the Sparks website may not be available to you without your providing this information. Due to the business nature of the Sparks website, it is not intended for children under the age of 13, and we do not knowingly request, receive or collect any information from children.
Non-Personally Identifiable Information. The second type of information collected on the Sparks website is Non-Personally Identifiable Information, such as the type of Web browser you use, your domain name and links you may have used to locate the Sparks website, but which otherwise does not identify you individually.
- HOW WE USE THE INFORMATION COLLECTED
Sparks uses any Personally Identifiable Information you provide in a limited number of ways. We may use your Personally Identifiable Information to (i) provide you with information about Sparks and market its products and services; (ii) enhance or update the Sparks website; (iii) personalize users experience on the website; (iv) respond to requests and inquiries; (v) operate, evaluate and improve the Sparks business; (iv) protect against fraud and other criminal activity, claims and other liabilities; (vii)comply with applicable legal requirements; or (viii) compile demographic statistics about users of the Sparks website. We may also, on occasion, combine information about you that we have with information we obtain from other parties to enhance our ability to provide you with information about Sparks and its services that we think may be of interest to you.
In addition, Sparks may hire other companies to perform services on our behalf such as facilitating certain aspects of the Sparks website or sending you email. These companies may be supplied with or have access to your Personally Identifiable Information for the sole purpose of providing these services to us or on our behalf. Sparks may also use third-party ad servers or ad networks to deliver ads to you on Sparks’ behalf. These third-party ad servers may be supplied with or have access to your Personally Identifiable Information for the sole purpose of providing these services to us or on our behalf. They also may also collect and use Non-Personally Identifiable Information about your visits to the Sparks website in order to send advertisements that may be of interest to you.
On an aggregate basis only, we may collect Non-Personally Identifiable Information about users of the Sparks website. Sparks will never disclose any Personally Identifiable Information as part of this aggregate information, but we may lend, sell, share or otherwise disclose Non-Personally Identifiable Information with others so we can perform research and provide the results to third parties, enhance and market the Sparks website, and conduct accounting and process record keeping functions. Additionally, we may use IP address information to count and track aggregate visits to the Sparks website, to help diagnose problems with our server, and to administer the Sparks website. Sparks does not link IP addresses to anything personally identifiable, so while a particular user’s session can be tracked, the user remains completely anonymous. We also may use this information to assist us in the ongoing technical development of the Sparks website.
Also, in the unlikely event that Sparks, or substantially all of its assets, is acquired by another firm, personally identifiable information may then be transferred.
Sparks will make every effort to preserve user privacy but we may need to disclose Personally Identifiable Information when required by law or if we have a good-faith belief that the action is necessary to comply with a pending judicial proceeding, a court order or legal process served on Sparks or to protect our rights or the rights of others, to fight fraud, identity theft, to ensure the integrity and operation of our business and systems, or to protect the rights, property, or safety of Sparks, its employees or others.
- THIRD-PARTY ADVERTISING COOKIES OPT-OUT
Sparks allows third parties to place cookies on our site for advertising purposes. This Privacy Statement does not cover the collection methods or use of the information collected by these vendors. These vendors have their own privacy policies and may be members of the Network Advertising Initiative (NAI). To remove yourself from some or all NAI member advertising programs, please visit the NAI Opt-Out Page [http://optout.networkadvertising.org] and follow the relevant instructions. Please note that if you delete, block, or otherwise restrict cookies, or if you use a different computer or Internet browser, you may need to renew your opt-out choice.
- OTHER WEBSITES AND LINKS
We may include links to other websites that we think will be of interest to you or operated by our business partners, affiliates, advertisers and others. These third parties have separate data collection and privacy practices independent from ours, and Sparks cannot be responsible for their policies or activities. Please contact those third parties directly if you have questions about their privacy policies.
- COOKIES, WEB BEACONS AND CLEAR GIFS
- ACCESSING AND UPDATING INFORMATION
Sparks does not currently have an online method for users to delete their Personally Identifiable Information contained in our database. However, you may change or update the Personally Identifiable Information we have collected, request that we delete it, or request that we change how we use it by sending an email to email@example.com with your instructions. If you are a California resident and wish to review or change the personal information of yours which Sparks possesses, please contact up as provided above.
- EU GENERAL DATA PROTECTION REGULATION (“GDPR”)
This Section further describes how Sparks collects and uses your Personal Data in accordance with the GDPR and other applicable data protection and privacy legislation. It tells you what Personal Data we collect, why we need it, how we use it and what protections are in place to keep it secure.
Key Terms – “Sparks” “we” “us” and “our” mean Sparks Marketing Corp. and all of its affiliates (to the extent that they process Personal Data concerning persons (“Data Subjects”) in the European Union).
“Sparks Personnel” means Sparks’ prospective, present and past shareholders, employees, consultants and agency staff, and people connected to such persons.
“Personal Data” means information about individuals (including you), and from which such individuals could be identified.
“You” means individuals whose Personal Data we process including, but not limited to Sparks’ clients, Sparks’ client personnel, counter-parties, counter-party personnel, other solicitors/advisors, witnesses, suppliers, supplier personnel, job applicants and individuals to whom we send marketing communications. “You” does not include Sparks Personnel.
Data Controller. Sparks is the Data Controller in relation to your Personal Data and is committed to protecting the privacy rights of individuals, including your rights.
Data Protection Manager. Sparks is not required under the GDPR to appoint a Data Protection Officer and, following a detailed analysis does not consider it appropriate to do so on a voluntary basis. It has however, appointed a Data Protection Manager (“DPM”) who is responsible for overseeing Sparks’ compliance with the GDPR and any other applicable data protection legislation and regulation. The DPM can be contacted at firstname.lastname@example.org.
How does Sparks obtain your Personal Data? In some circumstances, we may obtain your Personal Data from you directly including through your use of this website or a job application but, more typically, we will obtain your Personal Data from a third-party source. For example, we may collect information from our clients, our clients’ personnel, agents and advisors, other vendors which represent you, the company for whom you work, other organizations/persons with whom you have dealings, government agencies, credit reporting agencies, recruitment agencies, information or service providers and publicly available records.
What about Personal Data which you provide to Sparks? If you provide information to us about someone else (such as one of your associates, directors or employees, or someone with whom you have business dealings), you must ensure that you are entitled to disclose that information to us and that, without our taking any further steps, we may process that information in accordance with this Policy.
What Personal Data does Sparks collect from and about you? We collect and use different types of Personal Data about you, which will vary in type and detail depending on the circumstances and purpose of processing. Please consider the following illustrative and non-exhaustive examples:
- Personal Data about you: name, address, date of birth, marital status, nationality, race, gender, preferred language, job title, work life and restrictions and/or required accommodations, possibly about your family life;
- Personal Data to contact you at work or home: name, address, telephone, and e-mail addresses;
- Personal Data which may identify you: photographs and video, passport and/or driving license details, electronic signatures;
- Personal Data to process any payment we might need to receive from or make to you: bank account details, HMRC numbers and references (where applicable);
- Personal Data to monitor your use of our website: IP address, traffic and location information, weblogs and other communication information.
Why do we need to collect and use your Personal Data? We need to collect and use your Personal Data for a number of reasons, the primary purpose being to provide products and services to our clients and which may involve the use of your Personal Data in the following (non-exhaustive) ways:
- to contact you if you are involved in a matter we are undertaking for a client, whether in your professional or personal capacity;
- to carry out design, production and implementation projects;
- to analyze the business of your employer or persons with whom you have dealings;
- to review, draft and disclose correspondence and other documents;
- to instruct third-parties on behalf of our clients; and
- for comparison/analytical purposes and to formulate plans and provide advice.
We may also process your Personal Data for effective business management purposes which may involve the use of your Personal Data in the following (non- exhaustive) ways:
- to engage and contact suppliers;
- to carry out internal reviews, investigations, audits;
- to conduct business reporting and analytics;
- to advertise and market the products and services that we provide;
- to help measure performance and improve our services;
- for recruitment purposes;
- to further our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;
- for regulatory and legislative compliance and related reporting; and
- for the prevention and detection of crime.
What is Sparks’ legal basis for processing your Personal Data? Under the GDPR, Sparks must identify a lawful basis for processing your Personal Data which may vary according to the type of Personal Data processed and the individual to whom it relates.
Performance of a contract with you (where applicable): Sparks is entitled to process the Personal Data it requires in order to fulfill its obligations under its contract with you. This will be the relevant legal basis if you are an individual client or supplier/other individual with a direct contractual relationship with Sparks.
Legitimate interests of Sparks or a third-party: We process some of your Personal Data on the basis that it is in our legitimate interests and/or the legitimate interests of a third-party to do so. This will primarily concern the processing of Personal Data that is necessary to provide plans and services to our clients. Sparks’ legitimate business interest in such instances is the proper performance of its function as a provider of experiential marketing products and services. Sparks’ clients’ also have a legitimate interest in obtaining products and services.
Sparks’ broad interest in the provision of experiential marketing products and services as a basis for processing your Personal Data, and our clients’ corollary interest in the receipt of such products and services, can be broken down into more discreet categories which may include, but are not limited, to:
- the interest in contacting individuals relevant to Sparks’ work and our clients’ matters, which may involve the use of your Personal Data;
- the interest in reviewing documents and correspondence that have been disclosed to Sparks, Sparks’ clients and third-parties which may contain your Personal Data;
- the interest in disclosing documents and correspondence, which may contain your Personal Data, to various parties in the furtherance of Sparks’ clients’ objectives;
- the interest in instructing third-parties on behalf of Sparks’ clients;
- the interest in receiving payment from Sparks’ clients and third-parties and to facilitate payments to and from Sparks’ clients and third-parties; and
- in order to allow for all of the above, the secure management and storage of your Personal Data, within our IT environment and hard-copy filing systems.
Sparks may also process your Personal Data on the basis that it is necessary for its legitimate business interests in the effective management and running of Sparks which may include, but is not limited to: engaging suppliers and supplier personnel; ensuring that its systems and premises are secure and running efficiently; for regulatory and legislative compliance, and related auditing and reporting; for insurance purposes; for recruitment/hiring purposes; for marketing purposes; and to facilitate, make and receive payments.
Sparks does not consider that the processing of your Personal Data, on the basis that it is within Sparks’ legitimate interests (whatever such interests might be), is unwarranted because of any prejudicial effect on your rights and freedoms or your legitimate interests.
Compliance with a legal obligation to which Sparks is subject: In certain circumstances, Sparks must process your Personal Data in order to comply with its legal obligations. This might include, but is not limited to, Personal Data required: for tax and accounting purposes; for conflict checking purposes; and for Sparks to fulfill its compliance and other obligations under relevant legislation and regulation. More information relating to legal bases for processing Personal Data can be found on the Information Commissioner’s website (see details below) or by contacting the DPM.
Special category and criminal records Personal Data. If Sparks processes your criminal records Personal Data or special category Personal Data relating to your racial or ethnic origin, political opinions, religious and philosophical beliefs, trade union membership, health data, biometric data or sexual orientation, we will obtain your explicit consent to those activities unless this is not required by law (because, for example, it is processed for the purpose of exercising or defending legal claims) or the information is required to protect your health in an emergency. Where we are processing Personal Data based on your consent, you have the right to withdraw that consent at any time.
Direct Marketing. We may use your contact details to send you marketing materials, provided we are permitted to do so by law. You always have the right to unsubscribe from any marketing. You can do so by clicking on the relevant link in the next email we send you, or by contacting the DPM using the details provided.
Who receives your Personal Data? We may disclose your Personal Data to third-parties (outside of Sparks and Sparks Personnel) if, but only when, we have a legal basis to do. Such recipients include but are not limited to: third parties whom we instruct on your behalf; Sparks’ insurance brokers and underwriters; Sparks’ bank, auditors and accountants; Sparks’ outsourced IT providers and other suppliers.
How do we protect your Personal Data? We have security arrangements in place to guard against unauthorized access, improper use, alteration, destruction or accidental loss of your Personal Data. We take appropriate organizational and technical security measures and have rules and procedures in place to ensure that any Personal Data we hold is not accessed by anyone unauthorized to access it. We have in place, and abide by, a specific information security policy about the security standards used to protect your Personal Data.
When we use third-party organizations to process your Personal Data on our behalf, they must also have appropriate security arrangements, must comply with our contractual requirements and instructions and must ensure compliance with the GDPR and any other relevant data protection legislation.
Is your Personal Data transferred to “third countries” and, if so, what safeguards are in place? In accordance with this Policy and the provisions of the GDPR, we may transfer your Personal Data to organizations located in “third countries” (those outside of the EEA). In addition to the security arrangements mentioned above in relation to our engagement of third-party organizations, where such transfers are required we will ensure that your Personal Data is adequately protected, for example, by using a contract for the transfer which contains specific data protection provisions (the “Model Clauses”) that have been adopted by the European Commission or a relevant data protection authority.
How long will your Personal Data be retained by Sparks? It is our policy to retain your Personal Data for the length of time required for the specific purposes for which it is processed by Sparks and which are set out in this Policy. However, we may be obliged to keep your Personal Data for a longer period, for example, where required by our legal and regulatory obligations or in order to ensure we have effective back-up systems. In such cases, we will ensure that your Personal Data will continue to be treated in accordance with this Policy, restrict access to any archived Personal Data and ensure that all Personal Data is held securely and kept confidential.
What are your rights? The GDPR generally affords individuals a right to access their Personal Data, to object to the processing of their Personal Data, to rectify, to erase, to restrict and to port their Personal Data.
We have specific procedures in place in relation to Subject Access Requests (“SARs”) that you may be entitled to make. A SAR is a request made by you which requires us to provide you with details of your Personal Data which we hold and process and a description of how we process it. Any questions or requests should be put in writing to the DPM.
There are exceptions to the rights of individuals in relation to their Personal Data. We will, at all times, respect your Personal Data and seek to be as transparent as possible but please be aware that, in some instances, we may be restricted from even acknowledging that we process your Personal Data.
How to make a complaint. If you are unhappy with the information provided in this Policy or have concerns about the way in which Sparks processes your Personal Data you may in the first instance contact the DPM, and if you remain dissatisfied then you may apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at:
Information Commissioner’s Office, Wycliffe House,
Water Lane, Wilmslow, Cheshire, SK9 5AF
- INTERNATIONAL USERS
We employ administrative, technical and physical security measures designed to prevent unauthorized access to information that you provide to us and that we collect online. However, we cannot guarantee the security of your personal information.
- Contacting Sparks
2828 Charter Road
Philadelphia, PA 19154
Or by e-mail at: email@example.com