Privacy Policy
Last Modified: May 25, 2018
This website, and the services and features made available on this website (collectively, our “Services”), are provided and maintained by Sparkart Group, Inc. (“Sparkart”, “we” or “us”). Sparkart understands that security and privacy are important issues for users of our Services. The following Privacy Policy (the “Policy”) describes how we collect, use, share and protect the information that we gather about the users of our Services.
Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Services. By using our Services, you consent to our collection, use and disclosure of your information, including Personal Information (defined below), as described in this Policy. Your use of our Services is subject to this Policy and our Terms of Service.
This Policy may change from time to time (see Changes to this Policy). Your continued use of our Services after we make changes is deemed to be acceptance of those changes, so please check this Policy periodically for updates.
INFORMATION WE COLLECT
We may collect information directly from you, automatically through your use of our Services, and from third parties. We may combine all of information we collect about you from these various sources.
Information we collect directly from you. When you join a fan club, subscribe to a newsletter, participate in a forum, purchase products, or otherwise sign up for the Services, you may provide us with certain information that can identify you as an individual, including but not limited to your name, email address, credit or debit card information, shipping or billing address, gender, and birth date (collectively, “Personal Information”). We will also collect any other information that you choose to provide to us through our Services (e.g., contents of messages you send to us or postings on a forum). We may also collect data pertaining to your online transactions, purchase history, and Services usage patterns. Further, when you register for the Services, you may be asked to create a password for your account. You may also be requested to provide secret questions and secret answers. You may also be requested to answer various questions and/or surveys about your consumer preferences or other information. Sparkart may store the information described in this paragraph.
Content that you provide. You may upload comments, reviews, graphics, photos or other materials to the Services (“Content”). If you post Content on our Services, the Content, as well as other information (e.g., user name or profile picture), may be available to other visitors to our website, and we cannot prevent such Content or information from being used in a manner that may violate this Policy, our Terms of Service, the law, or your personal privacy.
Information we collect about you from third parties. We may collect information about you from third parties. For example, we may collect demographics information from public sources and from third-party data and analytics companies.
Information we collect automatically through your use of our Services. We may automatically collect information about your use of our Services and your orders, including but not limited to your Internet protocol (“IP”) address, which we may also use to establish your geolocation; the type of device and web browser you are using; the website that led you to our website; the website you visit after leaving our website; the pages you view on our website; the dates and times you access our Services; and information about any orders you place, such as your order identification number, items ordered and the cost of your order.
HOW WE USE YOUR INFORMATION
Sparkart may use your information, including Personal Information and/or Content, for the following purposes:
Providing the Services. To facilitate your orders, and to operate and administer your account; to respond to your questions or requests; to provide you with news or other information we think may interest you; to communicate with you about your account, orders or use of our Services or for other informational purposes; to improve our Services; and for other account or customer support-related purposes. For example, we may use your email address to send you a welcome email message when you first register informing you about the Services and telling you how to manage your Sparkart account. You may be required to respond to this email in order to validate that you are the owner of the email address associated with the Sparkart account. If applicable, failure to respond to the email and verify the address within the time stated in the email will cause the Sparkart account to become inactive. This process is designed to verify the validity of the email address and to help prevent email addresses from being used without permission in the creation of Sparkart accounts. We may also send you email about periodic service updates, recommended security updates, or surveys related to our Services or other matters. These periodic emails are considered essential to the provision of the Services you have requested. If you unsubscribe from these mailings, we will not be able to provide certain Services to you.
Marketing and advertising. As part of our Services, Sparkart may recommend for your consideration various special offers, services, products, merchandise and other marketing or promotional communications. Accordingly, we may analyze data pertaining to your online transactions, purchase history, and Services usage patterns so that we can make recommendations suited especially to you. We may provide marketing or advertising to you in a variety of ways, including through our Services, via email or on other third-party websites (e.g., using Google Customer Match or Facebook Ads). See our Online advertising and Your choices sections below for more information.
Research and analytics. To analyze how customers use our Services; to analyze how customers interact with marketing or other communications we send to them; and for other research, analytical and statistical purposes.
Protecting rights and interests. To investigate, protect or defend the rights, safety or property of Sparkart, our customers or the public; to investigate or enforce perceived violations of our Terms of Service or this Policy; as evidence in litigation in which we are involved; and for fraud protection and credit risk reduction purposes.
HOW WE SHARE YOUR INFORMATION
Sparkart may share your information, including Personal Information and/or Content, with the following types of third parties:
Sparkart clients. Sparkart may provide your Personal Information to the third party for whom we provide the Services (that is, the person, company, entity or organization behind the recording artist, performer, sports star, public figure, celebrity, music festival, event, apparel brand, retailer, entertainment brand, or other person or company for whom we operate the site, sell merchandise, or provide other services). These third parties have agreed to use your Personal Information only for their direct marketing purposes and not to share, rent or sell the information for any other purpose.
Service providers. Sparkart uses third-party service providers, vendors, agents, contractors or others to provide services on our behalf or to fulfill a service or transaction you may have requested, such as answering customer support inquiries, fulfilling merchandise orders, delivering packages, sending email, credit card payment processing, selling concert tickets, etc. Sparkart will only provide these companies with your Personal Information to the limited extent necessary to deliver the services.
We will obtain consent for such sharing with service providers where legally required. We enter into written agreements with these third-party service providers requiring them to provide the same level of protection for your Personal Information as provided under this Policy and limiting their use of your Personal Information to the specified services provided on our behalf.
Such service providers include:
- Shopify. We use Shopify’s e-commerce platform to facilitate your purchases made from our website. Shopify stores your data on a secure server behind a firewall and encrypts your credit/debit card information in compliance with PCI DSS standards. You can review Shopify’s privacy policy at www.shopify.com/legal/privacy. Shopify is certified under the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield.
- Stripe. We use Stripe for payment processing services. You can review Stripe’s privacy policy at https://stripe.com/us/privacy. Stripe is certified under the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield.
- MailChimp. We use MailChimp to send newsletters and related communications when you sign up for a newsletter subscription. You can review MailChimp’s privacy policy at https://mailchimp.com/legal/privacy. MailChimp is certified under the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield.
Other unaffiliated third parties. With your separate written consent, Sparkart may share your information directly with third parties, including so they may send you marketing offers directly. The information that we share with such third parties may include, without limitation, your email address, billing address, shipping address and order information (e.g., total price).
Sparkart may also share your information, including Personal Information and/or Content, in the following contexts:
Protecting rights and interests. Sparkart may disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to investigate, protect or defend the rights, safety or property of Sparkart, our customers or the public; to investigate or enforce perceived violations of our Terms of Service or this Policy; as evidence in litigation in which we are involved; and for fraud protection and credit risk reduction purposes.
Sale or acquisition of assets. Sparkart may share your information if we become involved in a transaction involving the sale of our assets, such as a merger or acquisition, if we are transferred to another company, in the event of a bankruptcy, or as part of any other business transfer. If the surviving entity in such a transaction is not Sparkart, the surviving entity may use your information pursuant to its own privacy policies, which may be different from this Policy.
Legal compliance. Sparkart may share your information to comply with laws, regulations, legal process (e.g., a warrant or subpoena) or guidance; and to respond to governmental requests (e.g., requests from a regulator).
Aggregate or anonymous information. Sparkart may share anonymized or aggregated information (“Aggregate Information”) to third parties without restriction. Aggregate Information may include overall usage patterns of Sparkart users, the total number of Sparkart users, the percentage of Sparkart users who are female, or in a certain age range, or who live in a particular region, etc., or the percentage of Sparkart users who are also consumers of various other products and services. Aggregate Information may be compiled in reports and disclosed, sold, licensed or rented to third parties. However, since Aggregate Information does not include any information that can be used to individually identify you or any other Sparkart user, it is not possible for the third party recipient of the Aggregate Information to use it to identify or contact you. For example, we may share Aggregate Information to inform a third party’s decision on whether to place advertisements on our Services or on other websites. These companies may use such information about your visits to the Services and other websites to provide advertisements on the Services and other websites.
COOKIES AND OTHER TRACKING MECHANISMS
We may automatically collect information about you through the use of common information-gathering tools, as well as new tracking technologies that develop as technology evolves. The tools that we or our service providers may use to track you include the following:
Cookies. A cookie is a small string of text that a website can send to your browser to help the website remember and customize your visit. For example, we use cookies to help us to tailor our Services to you, remember your orders, keep you logged into your account, and compile statistics about Services usage. With most Internet browsers or other software, you can erase cookies from your computer hard drive, block or disable cookies or receive a warning before a cookie is stored. Please refer to your browser instructions to learn more about these functions. If you reject cookies, functionality of our website may be limited, and you may not be able to take advantage of many of our website’s features (e.g., you may not be able to sign in, use or stay logged into our Services).
Web beacons/clear GIFs. Clear graphics interchange format images (“GIFs”) are tiny graphics with a unique identifier, similar in function to cookies, that are embedded invisibly on web pages or in emails. We or our service providers may use clear GIFs (also known as web beacons, web bugs or pixel tags) in connection with our Services to track the activities of visitors to our website, and help us manage content and compile statistics about usage of our Services. We or our service providers may also use clear GIFs in emails to our users, to help us track email response rates, identify when our emails are viewed and track whether our emails are forwarded.
LSOs. We may also use local storage objects (“LSOs”) to store your website preferences and to personalize your visit. LSOs are different from browser cookies because of the amount and type of data stored. Typically, you cannot control, delete or disable the acceptance of LSOs through your web browser. For more information on Flash LSOs, or to learn how to manage your settings for Flash LSOs, please click here. We may use applications, servers and other technology provided by third-party companies, such as Google Analytics, to help us improve our Services, performance and user experiences. These entities may use cookies and information-gathering tools, such as web beacons or LSOs, to perform their services.
CALIFORNIA DO NOT TRACK DISCLOSURE
Our website does not respond to do not track signals (e.g., the Mozilla Firefox Do Not Track feature), though you may be able to disable certain tracking as discussed above (e.g., by disabling cookies). There is still no universally accepted standard regarding tracking, but for more information about do not track signals, please click here.
ONLINE ADVERTISING
We use third-party marketing or advertising services (e.g., Google Customer Match and the Facebook Pixel) to serve advertisements on our website and on third-party websites or other media (e.g., social networking platforms). This enables these third parties to target advertisements to you for products and services in which you might be interested. These advertisements may be targeted based on the pages you view on our website or on third-party websites, as well as other information that they may have about you. These third parties may use cookies, JavaScript, web beacons (including clear GIFs), LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. We may provide these third-party advertisers with information, including Personal Information, about you, as permitted under our agreements with such third parties.
Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and your choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and your choices regarding having information used by NAI members.
Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or advertisements to you, but it does not mean you will no longer receive any advertising through our website or on other websites. Please note that even if you opt out, you may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.
The service providers we use for online advertising may change. By visiting our website, you accept and consent to our use of Google, Facebook and other services to serve advertisements to you.
YOUR CHOICES
Opt-in features. If you choose, you may opt-in to various features which may be available as part of our Services which allow you to voluntarily share information, whether to a group of Sparkart users designated by you (for example, a “buddy list” or “friends” who also have a registered account) or to everyone (for example, when you post Content to a forum or other publicly accessible area on our website). You are cautioned not to post your personal information in the interest of safety, privacy and security. You should not post your address, telephone number, or anything that might put you at risk. Sparkart is not responsible for monitoring this information, and Sparkart is not liable for any consequences that may result from the exchange of this information.
Account information. You can update or make changes to the registration information stored in relation to your account. This is accessible by signing in to the website in which you are registered. You may access your Personal Information, update your Personal Information or cancel your account by contacting Sparkart Customer Service. Please note that we may retain your Personal Information with respect to your purchase transactions on our website indefinitely for certain legitimate business purposes, including for tax audit and accounting purposes and to protect against fraud.
- Data access, correction and deletion. You may have the right to access the Personal Information that we hold about you and to request that we correct, amend, or delete it if it is inaccurate or processed in violation of this Policy. These access rights may not apply in some cases, including where providing access is unreasonably burdensome or expensive under the circumstances or where it would violate the rights of someone other than the individual requesting access. If you would like to request access to, correction, amendment, or deletion of your Personal Information, you can submit a written request using the contact information provided below. We may request specific information from you to confirm your identity. In some circumstances we may charge a reasonable fee for access to your information.
- Data retention. We will retain your Personal Information only for as long as reasonably necessary for the purposes described in this Policy. Please be aware that we may also be required to retain your Personal Information for legal and accounting reasons.
Communications from Sparkart. We may send periodic promotional or informational emails to you, about Sparkart and other third-party information and offers if you have affirmatively opted-in to receive such emails. In the event you do not wish to receive such emails from Sparkart, you may opt out of such communications by following the opt-out instructions contained within the body of any email message you receive or by emailing us at support@sparkart.com and requesting that you no longer receive communications from us. It may take us up to ten (10) business days to process your opt out request. Even if you have opted out of receiving marketing and promotional emails from us, we may still send you transactional emails, such as emails about your account or the services you have requested from us.
Online advertising. Please see our Online advertising section above for more information about your choices regarding online interest-based advertising.
YOUR CALIFORNIA PRIVACY RIGHTS
If you are a California resident, you may request certain information regarding our disclosure of your Personal Information to third parties for their direct marketing purposes during the prior calendar year under California’s “Shine the Light” law (Cal. Civ. Code § 1798.83). You may make one (1) request per calendar year. In your request, please affirm that you are a California resident and provide a current California address for your response. You may request this information in writing by contacting us at: support@sparkart.com. Please allow up to thirty (30) days for a response.
YOUR EU RESIDENT RIGHTS
If you are a resident of the European Union, you have certain rights under the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”), including the right to lodge a complaint with the data protection supervisory authority of your country, if you believe we have breached your data protection rights and we have not adequately addressed your concerns.
We will not transfer Personal Information that is subject to the GDPR to any country that has not been deemed by the European Commission to provide adequate protection for personal data unless those transfers are subject to appropriate safeguards recognized by the European Commission.
If you wish to receive your Personal Information from us, we will provide such information to you in a structured, commonly used and machine-readable format, and you have the right to transmit such Personal Information to another controller without hindrance from us (data portability).
CROSS-BORDER TRANSFERS AND DATA STORAGE
The Service is hosted on US servers. The data that we collect from you may be transferred to, and stored at, a destination outside the EEA may also be processed by staff operating outside the EEA who work for us or for one of our processors. Such staff maybe engaged in, among other things, hosting or maintaining our Website, the processing of your payment details and the provision of support Services. Any personal information you provide to us will be processed and stored on servers in the US, the laws of which may be deemed by other countries to have inadequate data protection. Accordingly, if you are located outside the US, you consent and continue to consent to the processing, transfer, and storage of such data in the US and outside the US. We have agreements in place with our contractors and processors that include standard contractual clauses to protect your rights with respect to your data. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.
CHILDREN’S PRIVACY
Our Services are not targeted to children under thirteen (13) years of age and we do not knowingly collect Personal Information from children under 13. In addition, for children between the ages of 13 and 17, we permit the use of our Services only under the supervision and with the written consent of a parent or legal guardian. If we discover that we have inadvertently collected Personal Information from a child under 13, or from a child between the ages of 13 and 17 without the written consent of a parent or legal guardian, we will promptly take measures to delete that Personal Information from our systems.
EXTERNAL LINKS
Our Services may contain links to other websites. Your use of an external website is subject to and governed by the terms and policies of that website. Sparkart is not responsible for the privacy practices of such other websites. We encourage our users to read the privacy statements of each and every website they visit.
SECURITY
We have taken steps to protect your information. For example, we limit internal access to our servers and have physical, electronic, and administrative safeguards in place that are designed to protect your information. However, the transmission of information via the Internet is not completely secure, and we cannot guarantee the security of information transmitted through our Services. We cannot ensure or warrant the security of any such information, and you provide such information at your own risk.
You can also take steps to help protect your information. For example, if you have an account with us, you should take steps to protect against unauthorized access to your account by, among other things, choosing a robust password that nobody else knows or can easily guess and keeping your log-in and password private.
CHANGES TO THIS POLICY
This Policy was last updated as of the “Last Modified” date above. Sparkart may update this Policy from time to time, including to comply with changes in regulatory requirements. If any material changes are made, you will be notified by email or by means of a notice on our website. We encourage you to periodically review this page for the latest information on our privacy practices.
CONTACTING SPARKART
If you have any questions or comments about this Policy, or to exercise your rights under this Policy, please contact us using the information below.
Sparkart Group, Inc.
PO Box 31175
Oakland, California 94604