Information We May Collect

The Spark Services gather certain information automatically, some of which may be considered personal information under applicable law.

We may collect and process the following personal data from you for our legitimate interests or the legitimate interests of third parties, as described in this Privacy Policy:

• Information you provide to us: We collect personal data when you voluntarily provide us with such information in the course of using our website or Services. For example, when you register to use our Services, we will collect your name, email address, password, organization information, and billing details. We also collect personal data from you when you subscribe to our newsletter, register for an event, or respond to a survey. If you make an inquiry through our website, or contact us in any other way, we will keep a copy of your communications with us.
• Information we collect when you do business with us: We may process your personal data when you do business with us – for example, as a customer or prospective customer, or as a vendor, supplier, consultant, or other third party. For example, we may hold your business contact information and financial account information (if any) and other communications you have with us for the purposes of maintaining our business relations with you.
• Information we automatically collect: We may also collect certain technical information, which in some cases is personal data, by automatic means when you visit our website, such as IP address, browser type and operating system, referring URLs, your use of our website, and other clickstream data. We collect this information automatically through the use of various technologies, such as cookies.
• Personal information where we act as a data processor: In certain rare cases, we also process personal data on behalf of our customers in the context of supporting our products and services. Where a customer subscribes to our Services for their website, game, or app, they will be the ones who control what event data is collected and stored on our systems. For example, they may ask us to log basic user data (e.g., email address or username), device identifiers, IP addresses, event type, and related source code. In such cases, we are data processors acting in accordance with the instructions of our customers, who are the data controllers. You will need to refer to the privacy policies of our customers to find out more about how such information is handled by them. If you are unable to contact the relevant customer, please contact us at the addresses provided below.

USE OF INFORMATION

Spark Services may use the information, including personal information, collected in connection with the Spark Services for the purpose of providing the Services to our customers, as well as for supporting our business functions, such as fraud prevention, marketing, analytics and legal functions and other legitimate purposes.

To the extent permitted by applicable law and, for customer data, as permitted by our customer agreements, we may use information collected in connection with our Services:

• To operate the Spark Services and provide support.
• To fulfill customer requests, such as to create a Spark Services account or complete customer purchases.
• To communicate with our customers; to inform customers and users of products, programs, services and promotions.
• To send customers information regarding the Spark Services and issues specifically affecting Spark Services.
• To respond to reviews, comments, or other feedback provided to us.
• To support and personalize our Services, websites, mobile services, and advertising.
• To protect the security and integrity of our Services, content, and our business.
• To provide support.

For benchmarking, data analysis, audits, developing new products, enhancing the Spark ServicesServices, facilitating product, software and applications development, improving our services, conducting research, analysis, studies or surveys, identifying usage trends, as well as for other analytics purposes.

To meet our contractual requirements, to comply with applicable legal or regulatory requirements and our policies, and to protect against criminal activity, claims and other liabilities.

For any other lawful purpose for which the information is provided.

Aggregate Information. To the extent permitted by applicable law, we may use, process, transfer, and store any data about individuals and customers or partners in an anonymous (or pseudonymous) and aggregated manner. We may combine personal information with other information, collected online and offline, including information from third party sources. We may also use information in other ways with consent or as permitted by applicable law. By using the Spark Services, our customers agree that we are hereby licensed to collect, use, share and store anonymized (or pseudonymized) aggregated data collected through the Spark Servicesfor benchmarking, analytics, A/B testing, metrics, research, reporting, machine learning and other business purposes.

Automated Decisions. To the extent permitted by applicable law, we may collect data in an automated manner and make automated decisions, including using machine learning algorithms, about individual users of the Spark Services in order to provide or optimize the Spark Services offered and/or delivered, for security or analytics purposes, and for any other lawful purpose. To the extent permitted by applicable law, we may use automated decisions.

SHARING OF INFORMATION

To the extent permitted by applicable law, Spark Services may share and disclose information, including personal information, as set forth below:

• Customers. We may share information with our customers and their service providers and other platforms that may assist those customers.
• Affiliates and Agents. We may share information with our affiliates or any business partners or agents acting on our behalf.
• Service Providers. We may share information with our service providers, agents, vendors and other third parties we use to support and advertise the Spark Services and our business. We share personal information with such third parties to the extent necessary to provide services to us, and pursuant to binding contractual obligations.
• Advertising and Marketing. To the extent permitted by applicable law, we may share information with third parties for marketing, advertising, promotions, contests, or other similar purposes. If required by applicable law, we will share such data for advertising and marketing purposes only in an aggregate, anonymous, and de-identified manner.
• Mergers, Acquisitions, Divestitures. We may share, disclose or transfer information to a buyer, investor, new affiliate, or other successor in the event Spark Services, or any affiliate, portion, group or business unit thereof, undergoes a business transition, such as a merger, acquisition , consolidation, reorganization, divestiture, liquidation or dissolution (including bankruptcy), or a sale or other transfer of all or a portion of any assets of SPARK or any affiliates or during steps in contemplation of such activities (e.g., negotiations and due diligence).
• Law Enforcement and National Security. We may share information with legal, governmental, or judicial authorities, as instructed or required by those authorities or applicable laws, or to comply with any law or directive, judicial or administrative order, legal process or investigation, warrant, subpoena, government request, regulatory request, law enforcement or national security investigation, or as otherwise required or authorized by law.
• Protection of Rights, Property or Safety. We may also share information if, in our sole discretion, we believe disclosure is necessary or appropriate to protect the rights, property or safety of any person, or if we suspect fraud or other illegal activity, Spark Services may also disclose personal information for other purposes or to other third parties when an individual has consented to or requested such disclosure, or where a customer has obtained permission from such individual, or where such disclosure is otherwise legally permitted for legitimate business purposes, and, for customer data, with such customer’s authorization or otherwise in accordance with SPARK’s agreement with such customer.

COOKIES AND SIMILAR TECHNOLOGIES

We may use cookies and similar technologies to operate and improve the Spark Services, as well as to simplify our interaction with you. A "cookie" is a unique numeric code that we transfer to your computer so that we can keep track of your interests and/or preferences and recognize you as a return visitor to the websites. We may use cookies, log files, pixel tags, web bugs, web beacons, clear GIFs, Local Storage Objects (LSOs) such as HTML5 and Flash or other similar technologies to collect information about the ways you interact with and use the Spark Services, to support and enhance features and functionality, to monitor performance, to personalize content and experiences, for marketing and analytics, and for other lawful purposes. We may also engage third party service providers to provide advertisements and promotions on our behalf, or authorize third parties to advertise and market products and services via the Spark Services.

We may use the following types of cookies and similar technologies:

• Strictly necessary cookies required for the operation of the Spark Services. They include, for example, cookies that enable you to log into secure areas.
• Analytical/performance cookies that collect information about how you use the Spark Services. They allow us to recognize and count the number of visitors and to see how visitors move around our website. This helps us to improve the way our website works. These cookies are sometimes placed by third party providers of web traffic analysis services.
• Functionality cookies that remember choices you make and recognize you when you return. This enables us to personalize our content, greet you by name and remember your preferences (for example, your choice of language or region).
• Targeting cookies that collect information about your browsing habits such as the pages you have visited and the links you have followed. We use this information to make our website more relevant to your interests, and, if we enable advertising, to make advertising more relevant to you, as well as to limit the number of times you see an ad. These cookies are usually placed by third-party advertising networks. They remember the other websites that you visit and this information is shared with third-party organizations, for example, advertisers.
• Most internet browsers accept cookies by default. You can block cookies by activating the setting on your browser that allows you to reject all or some cookies. The help and support area on your internet browser should have instructions on how to block or delete cookies. Some web browsers (including some mobile web browsers) provide settings that allow you to control or reject cookies or to alert you to when a cookie is placed on your computer, tablet or mobile device. Although you are not required to accept cookies, if you block or reject them, you may not have access to all of the features available through the Spark Services.

For more information, visit the help page for your web browser or see http://www.allaboutcookies.org or visit www.youronlinechoices.com which has further information about behavioral advertising and online privacy.

We may use third party analytics such as Google Analytics or similar analytics services. For information on how Google processes and collects your information regarding Google Analytics and how you can opt-out, please see https://tools.google.com/dlpage/gaoptout.

We may use third-party advertisers to serve or track advertisements on or relating to the Spark Services. These third parties may use cookies and other tracking and analytical technologies to, among other things, record which ads your browser has loaded and which pages you were viewing when ads were delivered or accessed. Information so collected is subject to the privacy policies of those third parties, which you should carefully review. We have limited or no control over third party use of cookies.

DATA RETENTION

To the extent permitted by applicable law, we may retain information for as long as the account of the customer for whom we collected the information is active, for at least twenty-four (24) months thereafter, or as long as is reasonably necessary to provide the Spark Services or as needed for other lawful purposes. We may retain cached or archived copies of information. We may retain anonymized or pseudonymized, aggregated data indefinitely, to the extent permitted under applicable law. We may be required to retain some data for a longer period of time because of various laws and regulations or because of contractual obligations. We also will retain information as long as reasonably necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

CHOICES AND OPT-OUT

To the extent required by applicable law, or in our discretion otherwise, we will allow customers and individuals to limit use of personal information. If at any time after providing us with your personal information such information changes or you change your mind about receiving information from us, you may request access to your data or that your data be changed.

If you no longer wish to receive our communications, you may opt-out of receiving them at any time by following the instructions included in each communication.

CROSS-DEVICE TRACKING

When you use your mobile device to interact with us or use the Spark Services, we may receive information about your mobile device, including a unique identifier for your device. We and our service providers and third parties we collaborate with, including ad networks, may use cross-device/cross-context tracking. For example, you might use multiple browsers on a single device, or use various devices (such as desktops, smartphones, and tablets), which can result in your having multiple accounts or profiles across these various contexts and devices. Cross-device/cross-context technology may be used to connect these various accounts or profiles and the corresponding data from the different contexts and devices.

EMPLOYMENT OPPORTUNITIES

We provide you with a means for submitting your resume or other personal information through our website or Services for consideration for employment opportunities at Spark Services. Personal information received through resume submissions will be kept confidential. We may contact you for additional information to supplement your resume, and we may use your personal information within Spark Services, or keep it on file for future use, as we make our hiring decisions.

THIRD PARTY SITES

The Spark Services may provide links to other websites or resources over which SPARK does not have control (“External Web Sites”). Such links do not constitute an endorsement by Spark Services of those External Web Sites. You acknowledge that SPARK is providing these links to you only as a convenience, and further agree that SPARK is not responsible for the content of such External Web Sites. Your use of External Web Sites is subject to the terms of use and privacy policies located on the External Web Sites.

SECURITY

To prevent unauthorized access or disclosure, to maintain data accuracy, and to ensure the appropriate use of data, we employ procedural and technological measures that are reasonably designed to help safeguard the information we collect. SPARK may use encryption, secure socket layer, firewall, password protection and other physical security measures to help prevent unauthorized access to such. Spark Services may also place internal restrictions on who in the company may access data to help prevent unauthorized access to such information.

Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. Therefore, despite our efforts, we cannot guarantee its absolute security. We do not warrant or represent that personal information about you will be protected against, loss, misuse, or alteration by third parties.

Where required under applicable law or by contract, we will notify the appropriate parties or individuals of any loss, misuse or alteration of personal information so that such parties or individuals can take the appropriate actions for the due protection of their rights. If such personal information is information of a Spark Services customer, we will notify such customer and coordinate with them regarding any required notices to particular individuals.

CHILDREN

We recognize the importance of protecting the privacy and safety of children. The Spark Services are not intended for children under 16 years of age. We do not knowingly collect personal information from children under 16. Anyone under 16 should not use the Spark Services. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us as set forth below.

INTERNATIONAL DATA TRANSFERS

The Spark Services may be provided using resources and servers located in various countries around the world, including the United States and other countries. Therefore, personal information about individuals or customers may be transferred, processed and stored outside the country where the Spark Services are used, including to countries outside the European Union (“EU”), European Economic Area (“EEA”) or Switzerland, where the level of data protection may not be deemed adequate by the European Commission.

Canadian residents may have additional rights under Canadian law. Please see the information provided by the Office of the Privacy Commissioner of Canada for additional details. You, and we, confirm that it is our wish that this document and all other related documents be drawn up in English. Vous reconnaissent avoir exigé la rédaction en anglais du présent document ainsi que tous les documents qui s'y rattachent.

CALIFORNIA PRIVACY RIGHTS

Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family or household use may be entitled to request and obtain from us, once per calendar year, information about customer information we have shared, if any, with other businesses for such other businesses’ own direct marketing uses. If applicable, this information would include the categories of resident information and the names and addresses of those businesses with which we shared such resident information for the immediately prior calendar year. To obtain this information, please contact us as indicated below. Please include sufficient personal identification information so that we can process the request, including that you are a California resident.

QUESTIONS, COMPLAINTS AND DISPUTES

If you have any questions about this Privacy Policy, or our collection, use, sharing or storage of information about you, you can contact us by email at hello@sparkschools.co, or write to the following address:

SPARK - 118 W 3rd Ave, Plevna, KS 67568 - 66044

CLASS ACTION WAIVER. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

DISPUTE RESOLUTION. Except as otherwise expressly provided above, or in our European privacy policy or otherwise required by applicable law, you agree that the exclusive jurisdiction of any actions arising out of, relating to, or in any way connected with, this privacy policy, shall be in the state or federal courts, as applicable, located in the City of Hutchinson or Reno County, Kansas. Any dispute, controversy, or claim arising out of or relating to this privacy policy or the collection, use, storage or transfer of any of your information or data, including, but not limited to, the arbitrability of the matter or the formation, interpretation, scope, applicability, termination, or breach of this privacy policy, shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures, or JAMS International Arbitration Rules, if the matter is deemed "international" within the meaning of that term as defined in the JAMS International Arbitration Rules. The arbitration shall be administered by JAMS, shall take place before a sole arbitrator, and shall be conducted in Hutchinson, Kansas. If the JAMS International Arbitration Rules apply, the language to be used in the arbitral proceedings will be English. Judgment upon the arbitral award may be entered by any court having jurisdiction. This section shall apply to and require arbitration of all disputes, controversies, and claims, regardless of whether such disputes, controversies, or claims concern a single individual, entity, or other person, multiple individuals, entities, or other people, or classes of individuals, entities, or other people. You hereby consent to receive service of process by electronic means or social media to the extent allowed by the applicable court. This constitutes express agreement of the parties regarding your consent pursuant to United States Federal Rule of Civil Procedure 5(b)(2)(E) and any applicable state (or other jurisdiction) equivalent.

PRIVACY POLICY UPDATES

Spark Services may update this Privacy Policy from time to time in our sole discretion to reflect changes to our information and privacy practices. Spark Services will post any updated Privacy Policy on this page or in the Spark Services, or with any notice to individual users if required by applicable law. Continued use of the Spark Services after any such modifications constitutes acceptance to any such modified Privacy Policy. Spark Services encourages you to review this Privacy Policy regularly for any changes. The date of last revision is shown at the “Last Updated” legend at the top of this page.

EUROPEAN PRIVACY POLICY

The following European Privacy Policy applies to residents of the European Union, the European Economic Area and Switzerland.

Personal Data and Processing. For the purposes of this European Privacy Policy:

“Personal Data” means any information relating to an identified or identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of such natural person; and

“Processing” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Purposes and Legal Bases for Processing Personal Data. Spark Services processes data for the purposes as set forth in our Privacy Policy, including to provide the Spark Services and as explained in the Use of Information and Sharing of Information sections. To fulfill these purposes, Spark Services may access data, including Personal Data, to provide the Spark Services, to correct and address technical, service or security problems, or in response to contractual requirements. Please see our SPARK Privacy Policy Information We Collect and Data Retention sections for additional details on how we collect, use, disclose and share data, make automated decisions, and retain data, including Personal Data, about individual users or customers.

Our legal bases for the processing of Personal Data are: (i) consent or (ii) any other applicable legal bases, such as our legitimate interest in engaging in commerce, offering products and services of value to the customers of the Spark Services, preventing fraud, ensuring information and network security, direct marketing and advertising, and complying with industry practices.

Additional Rights for European Residents. As a resident of the EU or a country following substantially similar legislation regarding the protection of Personal Data, individuals may have one or more of the following additional rights:

• Access. To request a copy of the Personal Data we have collected about you by contacting us.
• Rectification & Erasure.To request that we rectify or delete any of the Personal Data about you that is incomplete, incorrect, unnecessary or outdated.
• Objection. To object, at any time, to Personal Data about you being Processed for direct marketing purposes.
• Restriction of Processing. To request restriction of Processing of Personal Data about you for certain reasons, such as, for example, if you consider Personal Data about you collected by us to be inaccurate or you have objected to the Processing and the existence of legitimate grounds for Processing is still under consideration.
• Data Portability. To request and receive the Personal Data we have collected about you in a commonly used and machine-readable form.
• Right to Withdraw Consent. If Personal Data about you is processed solely based on your consent and not for any other legitimate interest, to withdraw your consent at any time, without affecting the lawfulness of our Processing based on such consent before it was withdrawn, including processing related to existing contracts for our products and services.
• Right to Lodge a Complaint with a DPA. If you believe our Processing of Personal Data about you is inconsistent with the applicable data protection laws, to lodge a complaint with your local supervisory data protection authority (“DPA”).

To exercise any of the above listed rights, please contact us as at hello@sparkschools.co and provide sufficient details so that we can respond appropriately. We will process any requests in accordance with applicable law and within a reasonable period of time. We may need to verify the identity of the individual submitting a request before we can address such request. If the request relates to data our customers collect and process through the Spark Services, we will refer the request to that customer and will support them in responding to the request. For Spark Servicescustomers, certain information may be reviewed, corrected and updated by logging into the Spark ServicesServices account and editing the profile information.

Compelled Disclosures. Spark Services may be required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Data Protection Contact. Unless otherwise specified, the data controller of personal data uploaded to the Spark Services is the Spark Services customer for whom such Services are provided and Spark Services is the processor of such data for such customer. In certain cases, SPARK may also be the controller of aggregated, anonymous or pseudonymous data relating to the Spark Services. Our Data Protection Contact for the personal information collected in connection with the Spark Services is:

Attn: General Counsel, Legal Dept.
SPARK
118 W 3rd Ave
Plevna, KS 67568
Phone: +1 (312) 888-0435