Effective Date: October 20, 2021
Capitalized terms that are not defined in this policy have the meaning given to them in the Terms of Service.
If you choose to engage in public activities on the Platform, such as participation in video game shows (which may be both live-streamed online and recorded for later use and distribution online and elsewhere) and certain other activities, you should be aware that any information you share may be viewed, recorded, read, collected, or used by us and other users of the Platform. You should use caution in disclosing personal information while using the Platform. We are not responsible for the information you choose to submit or publicly disclose. Additional information is below and in our Terms of Service.
What information do we collect?
We collect information when you create an account or use the Platform. We also collect information you share with us from third-party social network providers, and technical and behavioral information about your use of the Platform. We also collect information contained in the messages you send through our Platform and, if you grant us access, information from your phone book on your mobile device and information about other contacts (e.g., via your social media account(s)). Additionally, when you participate in video game shows and certain other activities on the Platform, we may make recordings and other reproductions (e.g., audio-visual recordings) thereof, including the users who participate in such video game shows and other activities, and anything those users do and say during such video game show or activity.
More information about the categories and sources of information is provided below.
Information you choose to provide
For certain activities, such as when you register, upload content to the Platform, participate in a video game show, or contact us directly, you may provide some or all of the following information:
Registration information, such as age, username and password, language, and email or phone number
Profile information, such as name, preferences, social media account information, and profile images
User-generated content, including comments, photographs, videos, live and recorded video game shows with other users, and videos that you choose to create with or upload to the Platform (“User Content”). We collect User Content through pre-loading at the time of creation, import, or upload, regardless of whether you choose to save or upload that User Content, in order to provide other personalized recommendations. If you apply an effect to your User Content, we may collect a version of your User Content that does not include the effect.
Content, including text, images, and video, found in your device’s clipboard, with your permission. For example, if you choose to initiate content sharing with a third-party platform, or choose to paste content from the clipboard into the Platform, we access this information stored in your clipboard in order to fulfill your request.
Distance information: when you use the Sparkze App, we will collect your geolocation to determine your distance from other users (“Distance Information”) through the GPS, Wi-Fi, and/or cellular technology in the device you use to access the Platform. Your last known location is stored for the purpose of calculating Distance Information between you and other users.
Payment information, including payment card numbers or other third-party payment information (such as PayPal) where required for the purpose of payment
Your phone and social network contacts, with your permission. If you choose to find other users through your phone contacts, we will access and collect the names and phone numbers of your contacts and match that information against existing users of the Platform. If you choose to find other users through your social network contacts, we will collect your public profile information as well as names and profiles of your social network contacts to match that information against existing users of the Platform.
Your opt-in choices and communication preferences
Information to verify an account such as proof of identity or age
Information in correspondence you send to us
Information you share through games (including audiovisual video game shows), surveys or your participation in challenges, sweepstakes, or contests such as your gender, age, likeness, and preferences, and any statements that you make.
Information we obtain from other sources
Social Media and Login Services. If you choose to link to or sign up for the Platform using a third-party social network or login service (such as TikTok, Instagram, Apple or Google), we may collect information from these services, including your contact lists for these services and information relating to your use of the Platform in relation to these services. If you link your Sparkze account to another service, we may receive information about your use of that service.
Third-Party Services. We may collect information about you from third-party services, such as advertising partners, data providers, and analytics providers.
Other Users of the Platform. Sometimes other users of the Platform may provide us information about you, including through customer service inquiries.
Other Sources. We may collect information about you from other publicly available sources.
Information we collect automatically
We automatically collect certain information from you when you use the Platform, including internet or other network activity information such as your IP address, geolocation-related data (as described below), unique device identifiers, browsing and search history (including content you have viewed in the Platform), and Cookies (as defined below).
We collect information regarding your use of the Platform (e.g., the pages viewed and time and duration of your use of the Platform) and any other User Content that you generate through or upload to our Platform.
We collect certain information about the device you use to access the Platform, such as your IP address, user agent, mobile carrier, time zone settings, identifiers for advertising purposes, model of your device, the device system, network type, device IDs, your screen resolution and operating system, app and file names and types, keystroke patterns or rhythms, battery state, audio settings and connected audio devices. Where you log-in from multiple devices, we will be able to use your profile information to identify your activity across devices. We may also associate you with information collected from devices other than those you use to log-in to the Platform, as further discussed below.
We collect information about your approximate location, including location information based on your SIM card and/or IP address. With your permission, we may also collect precise geolocation/GPS data.
Image and Audio Information
We may collect information about the images and audio that are a part of your User Content, such as identifying the objects and scenery that appear, the existence and location within an image of face and body features and attributes, the nature of the audio, and the text of the words spoken in your User Content. We may collect this information to enable special video effects, for content moderation, for demographic classification, for content and ad recommendations, and for other non-personally-identifying operations. We may collect biometric identifiers and biometric information as defined under US laws, such as faceprints and voiceprints, from your User Content. Where required by law, we will seek any required permissions from you prior to any such collection.
We collect and process, which includes scanning and analyzing, information you provide when you compose, send, or receive messages through the Platform’s messaging functionality. That information includes the content of the message and information about when the message has been sent, received and/or read, as well as the participants of the communication. Please be aware that messages sent to other users of the Platform will be accessible by those users and that we are not responsible for the manner in which those users use or disclose messages.
When you upload or create User Content, you automatically upload certain metadata that is connected to the User Content. Metadata describes other data and provides information about your User Content that will not always be evident to the viewer. In connection with your User Content the metadata can describe how, when, where, and by whom the piece of User Content was created, collected, or modified and how that content is formatted. It also includes information, such as your account name, that enables other users to trace back the User Content to your user account. Additionally, metadata includes data that you choose to provide with your User Content, e.g. any hashtags used to mark keywords to the video and captions.
Cookies enable the Platform to provide certain features and functionality. Web beacons are very small images or small pieces of data embedded in images, also known as “pixel tags” or “clear GIFs,” that can recognize Cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar information from your computer or device.
You may be able to disable certain Cookies. For additional information, see the “Your choices” section below.
How we use your information
As explained below, we use your information to improve, support and administer the Platform, to allow you to use its functionalities, and to fulfill and enforce our Terms of Service. We may also use your information to, among other things, show you suggestions, promote the Platform, and customize your ad experience.
Information collected in recordings
If you participate in a video game show and certain other activities available via the Service that are recorded, we may use, publicly display, and distribute the video game show, and our recordings of such video game show and activities, both on the Platform, and through other website and media, and may use portions of such recordings to advertise and promote the Platform. Please see our Terms of Service for additional information.
In exchange for the opportunity to participate in video game shows and other activities, and Sparkze’s marketing efforts, you hereby consent and irrevocably give the absolute right and unrestricted permission to Sparkze, anyone acting under its authority, and its successors and assigns, to make and use recordings and reproductions of your name, likeness, voice, persona, words, actions and/or biography, worldwide, on a royalty-free basis, in any form or format (including without limitation text, films, video recordings, images, photographs [still, moving, single, or multiple], drawings, and/or digital formats), for purposes of displaying the recordings and reproductions of the video game shows and other activities, and for advertising, publicity, trade or any other lawful purposes in any manner or media whatsoever (including without limitation, use in books, newspapers, magazines, advertisements, brochures, programs, television, radio, video, electronic media, electronic mail, and/or computer networks such as the Internet).
Additional Uses of Information Collected
As explained below, we use your information to improve, support and administer the Platform, to allow you to use its functionalities, and to fulfill and enforce our Terms of Service. We may also use your information to, among other things, show you suggested content, promote the Platform, and customize your ad experience.We generally use the information we collect:
To fulfill requests for products, services, Platform functionality, support and information for internal operations, including troubleshooting, data analysis, testing, research, statistical, and survey purposes and to solicit your feedback
To customize the content you see when you use the Platform. For example, we may provide you with services based on the your device’s regional settings you have chosen or show you content that is similar to content that you like or interacted with
To send promotional materials from us or on behalf of our affiliates and trusted third parties
To improve and develop our Platform and conduct product development
To measure and understand the effectiveness of the advertising we serve to you and others and to deliver advertising
To make suggestions and provide a customized ad experience
To support the social functions of the Platform, including to permit you and other users to connect with each other through the Platform and for you and other users to share, download, and otherwise interact with User Content posted through the Platform
In Sparkze Content (including, without limitation, recordings of video game shows and other activities in which you may participate) and/or User Content as part of our advertising and marketing campaigns to promote the Platform
To understand how you use the Platform, including across your devices
To infer additional information about you, such as your age, gender, and interests
To help us detect abuse, fraud, and illegal activity on the Platform
To prove your identity in order to use certain features, such as game shows or verified accounts
To communicate with you, including to notify you about changes in our services
To announce you as a winner of our games, contest, sweepstakes, or promotions if permitted by the promotion rule, and to send you any applicable prizes
To enforce our terms, conditions, and policies
Consistent with your permissions, to provide you with location-based services, such as advertising and other personalized content
To inform our algorithms
For any other purposes disclosed to you at the time we collect your information or pursuant to your consent
To facilitate sales, promotion, and purchases of goods and services and to provide user support
For internal administrative purposes, as well as to administer or manage our relationship with you, including to communicate with you regarding your use of Sparkze
If you apply for employment with Sparkze or currently work for Sparkze, to manage your employment application, assess your qualifications, and manage your employment with us.
How we share your information
We are committed to maintaining your trust, so we want you to understand when and with whom we may share the information we collect for business purposes.
Service Providers and Business Partners
We share (or may share at any time) the categories of personal information listed above with service providers and business partners to help us perform business operations and for business purposes, including research, payment processing and transaction fulfillment, database maintenance, administering contests and special offers, technology services, deliveries, sending communications, advertising, analytics, measurement, data storage and hosting, disaster recovery, search engine optimization, marketing, and data processing.
These service providers and business partners may include:
Payment processors and transaction fulfillment providers, who may receive the information you choose to provide, the information we obtain from other sources, and the information we collect automatically, except for your message data.
Customer and technical support providers, who may receive the information you choose to provide, the information we obtain from other sources, and the information we collect automatically.
Research providers, who may receive the information you choose to provide, the information we obtain from other sources, and the information we collect automatically, except for your payment information or message data.
Cloud providers, who may receive the information you choose to provide, the information we obtain from other sources, and the information we collect automatically.
Advertising, marketing, and analytics vendors, who may receive the information you choose to provide, the information we obtain from other sources, and the information we collect automatically, except payment information or message data.
Within Our Corporate Group
We may share all of the information we collect with a parent, subsidiary, or other affiliate of our corporate group.
In Connection with a Sale, Merger, or Other Business Transfer
We may share all of the information we collect in connection with a substantial corporate transaction, such as the sale of the Platform or related websites, a merger, consolidation, asset sales, or in the unlikely event of bankruptcy.
For Legal Reasons
We may disclose any of the information we collect to respond to subpoenas, court orders, legal process, law enforcement requests, legal claims, or government inquiries, and to protect and defend the rights, interests, safety, and security of Alchemi Interactive Communication Group Int’l Inc., the Platform, our affiliates, users, and/or the public. We may also share any of the information we collect to enforce any terms applicable to the Platform, to exercise or defend any legal claims, and comply with any applicable law.
With Your Consent
We may share your information for other purposes pursuant to your consent or at your direction.
If you access third-party services, such as Apple, Facebook, Google, or TikTok, to login to the Platform or to share information about your usage on the Platform with others, these third-party services may be able to collect information about you, including information about your activity on the Platform, and they may notify your connections on the third-party services about your use of the Platform, in accordance with their privacy policies. If you choose to allow a third-party service to access your account, we will share certain information about you with the third party. Depending on the permissions you grant, the third party may be able to obtain your account information and other information you choose to provide.
As noted above, if you choose to engage in public activities on the Platform, such as participation in video game shows (which may be both live-streamed online and recorded for later use and distribution online and elsewhere) and certain other activities, you should be aware that any information you share may be viewed, recorded, read, collected, or used by us and other users of the Platform. You should use caution in disclosing personal information while using the Platform. We are not responsible for the information you choose to submit or publicly disclose.
Requests for Information/Deletion
You may submit a request to access or delete the information we have collected about you by sending your request to us at the email or physical address provided in the Contact section at the bottom of this policy. You may be entitled, in accordance with applicable law, to submit a request through an authorized agent. To designate an authorized agent to exercise choices on your behalf, please provide evidence that you have given such agent power of attorney or that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf. We will respond to your request consistent with applicable law and subject to proper verification. We will verify your request by asking you to send it from the email address associated with your account or to provide information necessary to verify your account. We do not discriminate based on the exercise of any privacy rights that you might have.
Sharing for Direct Marketing Purposes
If you are a California resident, once a calendar year, you may be entitled to obtain information about personal information that we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information, as well as the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year. To submit a request, contact us at: firstname.lastname@example.org.
You may be able to control some of the information we collect by adjusting your browser settings to refuse or disable Cookies. Because each browser is different, please consult the instructions provided by your browser. Please note that you may need to take additional steps to refuse or disable certain types of Cookies. In addition, your choice to disable Cookies is specific to the particular browser or device that you are using when you disable Cookies, so you may need to separately disable Cookies for each type of browser or device. If you choose to refuse, disable, or delete Cookies, some of the functionality of the Platform may no longer be available to you. Without this information, we are not able to provide you with all the requested services.
Depending on the version of the Platform you are using, you may be able to decide whether you see certain types of interest-based advertising on the Platform by visiting your in-app settings.
You may be able to manage third-party advertising preferences for some of the third parties we work with to serve advertising across the Internet by using the choices available.
Your device may have controls that determine what information we collect or how we can use that information. For example, you can control whether we can use your mobile advertising identifier for advertising through settings on your Apple devices.
If you previously chose to share precise location information, you can prevent your device from future sharing of precise location information (e.g. GPS location information) with the Platform at any time through your device’s operating system settings. This change may disable your use of certain application features.
If you have registered for an account, you may access, review, and update certain personal information that you have provided to us by logging into your account and using available features and functionalities.
Some browsers transmit “do-not-track” signals to websites. Because of differences in how browsers incorporate and activate this feature, we currently do not take action in response to these signals.
Promotional Emails. You may choose during the registration process to provide us with your email address for the purpose of allowing us to send free newsletters, surveys, offers, and other promotional materials related to Sparkze and/or the Platform, as well as targeted offers from third parties. You can stop receiving promotional emails by following the unsubscribe instructions in emails that you receive. If you decide not to receive promotional emails, we may still send you service related communications, and our applications may deliver notifications directly to your mobile device.
Behavioral Advertising. Certain entities may provide means to opt out of behavioral advertising (though these options are subject to change). For example, if you are using the Platform on an Apple iOS device, you may be able to opt out of behavioral targeting by going into Settings > Privacy > Advertising on your iOS device, or visiting Apple’s website for more information. To opt out on an Android device, open the “Google Settings,” click on “Ads” and enable “Opt out of interest based ads.”
Revocation Of Consent. The Platform relies on the processing of Personal Data that you have provided. If you revoke your consent for the processing of Personal Data, then we will no longer be able to provide the Platform. In some cases, we may limit or deny your request if the law permits or requires us to do so, or if we are unable to adequately verify your identity.
Access To Your Personal Data. If required by law, upon request, Sparkze will grant a user reasonable access to the Personal Data that Sparkze holds about the user. All requests must be directed to the contact in the “Contact” section of the Platform.
Security and Storage
We use reasonable measures to help protect information from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. You should understand that no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be 100 percent secure. Please note that information collected by third parties may not have the same security protections as information you submit to us, and we are not responsible for protecting the security of such information.
Sparkze may transmit your data to its servers or data centers outside of the United States for storage and/or processing.
Third parties with whom Sparkze may share your data as described herein may be located outside of the United States.
In the event of a breach of the confidentiality or security of your personal information, we will notify you as necessary and to the extent possible so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you using the contact information (by email, text message, in-app message or otherwise) you provided to us when you create a user account.
You help to maintain the security of your Personal Data stored in our systems by keeping your credentials confidential. You should protect your credentials and not share it with any other individual. Be sure to sign off or log-out when finished using a shared device. Do not allow third parties access to your Device, or to log-on under your login credentials on your Device or any other device. Do not allow other persons to use or access your Device if you are logged on to the App or the App is accessible.
Please refer to the Federal Trade Commission’s website at https://www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to protect yourself against identity theft.
The Platform is not directed at persons under the age of 18. If we become aware that personal information has been collected on the Platform from a person under the age of 18, we will delete this information and terminate the person’s account. If you believe that we have collected information from a person under the age of 18 on the Platform, contact us at: email@example.com.
Continued use of the Platform indicates your agreement that any information relating to you, regardless of when it was collected, will be governed by Sparkze’s current policy.
Permissible Users. The Platform is intended for users within the United States. We do not intentionally gather Personal Data about visitors who are outside of the US.
You agree that you will not provide us personal information or use our Service if doing so is prohibited by local law.
Transmission Of Data To Other Countries.
Your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding Personal Data may be less stringent than the laws in your country. Therefore, in some circumstances, you might be left without a legal remedy in the event of a privacy breach. By submitting your Personal Data, you agree to this transfer, storage and/or processing, including all associated risks.
Sparkze will initiate an investigation if you contact us with a complaint against our privacy practices or a concern that our practices do not conform to the requirements in your jurisdiction.
No Rights of Third Parties.