Privacy Notice

Last Revised: August 19, 2022

IMPORTANT NOTICE

Protecting your private information is our priority. This Privacy Notice (“Notice”) applies to Ignify Technologies, Inc. (“SPARK”, “we”, “us” or “our”), our website(s) (e.g., www.lendwithspark.com) and governs our data collection and usage of your data and other third party data. Users of our SPARK software products (provided on a software-as-a-service (“SaaS”) basis and related services (collectively our “Services”) hosted and maintained by us and any information including any links to any third party services provided through our Services are governed by either through a separate Master Services Agreement or other agreement with us and our client and client’s authorized users or a user which is subject to our End User License Agreement (“EULA”) (e.g., acquiring access to our Services through an authorized reseller). Other than users subject to a Master Services Agreement or a EULA, an individual may also access, browse or use our website(s) (“Site”). Any user of our Services or accessing our Site is subject to either our Master Services Agreement, our EULA, our Terms of Use, and our use of a user’s data (including that voluntarily provided though our Site or our Services) is subject to this Notice.

We reserve the right to change this Notice from time to time. The current version of this Notice is as updated as of the “last revised” date referenced above. Your continued use of the Site and/or our Services available after such modifications will constitute your: (i) acknowledgment of the modified Notice; and (ii) agreement to abide and be bound by that revised Notice.

YOUR DATA

Collection of Personal Information. In order to better provide you with products and services offered, we permit you to submit certain personally identifiable information (“Personal Information”), such as your:

  • First and Last Name
  • Company Name
  • Mailing Address
  • E-mail Address
  • Phone Number
  • Text message

If you or your company subscribes to our Services, that subscription right will subject to either our Master Services Agreement or EULA (collectively “Agreement”). To provide our Services, we may collect billing, ACH and/or credit card information. This information is used to complete the payment of the fees for our Services as may be further specified in the Agreement. We do not collect any Personal Information about you unless you voluntarily provide it to us. However, you may be required to provide certain Personal Information to us when you elect to acquire our Services from us through an Agreement. This may include: (i) registering for a user account; (ii) sending us an email message or contacting us through our Site; (iii) submitting your payment information when paying for our Services. We also may collect additional personal or non-personal information in the future.

Active Information Collection. Like many websites, our Site actively collects information from its visitors both by asking you specific questions and by permitting you to communicate directly with us. To respond to an open position inquiry, inclusion on our quarterly webinar mailing list, inclusion on our quarterly newsletter mailing list or response to inquiry emailed to us from the Site, we use Personal Information.

Passive Information Collection. As you navigate through our Site, certain information, whether anonymous or identifiable, can be passively collected (that is, gathered without your actively providing the information) using various technologies, such as cookies, Internet tags or web beacons, clear GIFs, pixels, and/or similar devices, as well as navigational data collection (log files, server logs, clickstream) (collectively “operational information”). For example, your Internet browser automatically transmits to our Site some of this anonymous information, such as the URL of the website you just came from and the Internet Protocol (IP) address and the browser version your computer is currently using. Our site may also collect and process information about the physical location of your mobile device using GPS or other location technologies, such as sensor data from your mobile device providing information about nearby Wi-Fi access points and cellular network towers (“location information”). You have the ability to control access to both operational information as well as location information through the control settings on your device. We may use and combine such passively collected operational information and/or location information to provide better service to you, including by customizing our Site or our Services based on your preferences, compiling and analyzing statistics and trends, and otherwise administering and improving our Site or our Services. Such operational information and/or location information is not combined with your Personal Information collected elsewhere on our Site unless you have consented to the same or you have elected to create a user account through our Site or our Services.

Use of Your Data. We collect and uses data about you, including your Personal Information, (“Your Data”) and other data related to your access or use of our Site, Services, including operational information and location information or data we provide through our Site or our Services (collectively “SPARK Data”) to operate our business and deliver our Services. We may use Your Data in the following ways:

  • Personalize and enhance your experience while interacting with our Site.
  • Provide our Site or our Services to you.
  • Deliver the type of content and services that we believe may be of interest to you, including emails, newsletters, alerts, and advertising targeted to your use of our Services and/or interests based on your professional activities and/or other information we possess.
  • Monitor usage and interaction statistics on our Site, and/or through responses to our communications.
  • Enhance, improve and develop new products, services, and overall customer support.
  • Perform data analytics.
  • Establish your user account and authenticate you during a registration or login to any of our Services or Site.
  • Allow us to respond quickly and efficiently to your questions and your requests for information.
  • Communicate with you (via email, text, phone, or mail) either directly or indirectly through our service provider to send you special offers, discounts or marketing information related to our products and services from us, our affiliates or our business partners.
  • Share your response information to our communications with your company (i.e. our client), or the sponsor(s) of any program link with which you interact through our Site.
  • Track use of our Site and our Services, investigate any suspicious activity, enforce our Agreement and Terms, and as necessary to measure and ensure the security and lawful use of our Site and/or our Services or any SPARK Data.
  • Allow us to disclose your information to the extent permitted by law.

Sharing Information with Third Parties. We do not sell, rent or lease its customer lists to third parties. We may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. You may opt out of any such marketing communication at any time. We may share Your Data with certain trusted third-party service providers acting on our behalf (our “Third-Party Providers”) to help perform statistical analysis, send you email or postal mail, provide customer support, manage marketing services, or arrange for products or services deliveries. All such Third-Party Providers are prohibited from using Your Data, including Personal Information, except to provide these services on our behalf, and they are required to maintain the confidentiality of Your Data and comply with the terms of this Notice. Except for our Third Party Providers, we will not share Your Data, including Personal Information, with an unaffiliated third party without your prior authorization, unless doing so is necessary (i) to enforce this Notice, our obligation to comply with law, regulation or other legal processes or to protect the rights, property or safety of us or others, (ii) to comply with a valid order or process from a public authority, (iii) to protect against misuse or unauthorized use of our Site or our Services, (iv) to detect or prevent criminal activity or fraud, or (v) in the event that we or substantially all of our assets are acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, in which case such information may be one of the transferred assets.

Tracking User Behavior. We may keep track of the websites and pages our users visit within our Site or Services, in order to determine what pages, features or services are the most popular. This data is used to deliver customized content and advertising within our Site or Services to our clients and their users whose behavior indicates that they are interested in a particular subject area.

Automatically Collected Information. Information about your computer hardware and software may be automatically collected by us. This information can include: an IP address, browser type, domain names, access times and referring website addresses. This information is used for our internal business operations, including the operation of our Site and our Services, to maintain quality of our Site or our Services, and to provide general statistics analysis regarding use of the same.

Use of Cookies. Our Site or our Services may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell our Site or our Services that you have returned to a specific page. For example, if you personalize our Site pages, or register a user account with us or sign up for our Services, a cookie helps us to recall your specific information on subsequent visits. This simplifies the process of recording Your Data. When you return to the Site, the information you previously provided can be retrieved, so you can easily use our features that you customized. You have the ability to accept or decline cookies. You may set your browser to notify you when a cookie is sent or to refuse cookies altogether, but certain features of our Site or our Services might not work without cookies. Your browser’s “Help” file will explain how to remove or reject cookies. If you choose to decline cookies, you may not be able to fully experience the interactive features of our Site or our Services.

Links. Our Site may contain links to other third-party sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

Security of your Personal Information. Although we cannot guarantee the security of Your Data, including Personal Information, that is transmitted over the Internet or stored in Our Services, we have and take commercially reasonable efforts to comply with our security procedures and policies. Data security is implemented through appropriate physical, administrative, and technical safeguards we put in place and operational procedures we follow to protect Your Data. We protect your transactions involving Your Data over the Internet using Secure Sockets Layer (SSL) technology. We restrict access to Your Data in our database to our authorized employees, agents, certain of our authorized business partners and/or authorized Third Party Providers as appropriate or necessary to provide our Site or our Services. When Personal Information is transmitted to other websites, it is also protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.

Disclaimer. We strive to take appropriate security measures to protect against unauthorized access to or alteration of your Personal Information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, you acknowledge that: (i) there are security and privacy limitations inherent to the Internet which are beyond our control; and (ii) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed. You further acknowledge that you are solely liable for any access to our Site or our Services through a user account you establish. Please note that we do not have any control over or responsibility for information you share about yourself on or through any websites outside of our Site; including any third-party websites accessed or linked through our Site. All such sharing of information and content is done at your own risk. Any concerns over the sharing of information on or with a particular website not owned by us should be handled by dealing directly with that website.

YOUR RIGHTS

Depending on where you live and applicable law, you may have certain rights to your Personal Information.  Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will comply with applicable law for your rights as follows:

  • Your right to Access – means that you can ask us for a copy of any Personal Information we hold about you.
  • Your right to Correct – if you believe that any of the Personal Information we hold about you is incorrect or out of date, you have the right to correct such Personal Information by providing us with the correct up-to-date Personal Information.
  • Right to Erasure – you can ask us to delete the incorrect or out-of-date Personal Information and we will be happy to do so unless we are prevented from doing so by law or regulation. In certain circumstances you may also have the right to ask us to erase your Personal Information. For example, if you no longer wish to access our Site or our Services.
  • Right to Portability – you have the right to request a copy of your Personal Information in a commonly used and machine-readable format to be provided to you or to such other third-party as you specify.
  • You may opt out of receiving email communications by following the method stated in this Notice, or by utilizing the opt-out mechanism found in each email sent by us or a verified third-party sending emails on our behalf to you. This will remove you from the email list or the website registration list and/or the sponsor of the communication.

Please note that we may not be able to comply with your request if it is necessary to:

  • Complete the transaction for which the Personal Information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our obligations under the Agreement;
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
  • Debug to identify and repair errors that impair existing intended functionality;
  • Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
  • Comply with the California Electronic Communications Privacy Act;
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
  • Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
  • Comply with an existing legal obligation; or
  • Otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.

In addition, if you are acting on behalf of the individual whose Personal Information is involved, we may not act upon your request until we have verified your right to act on behalf of that individual.

COMPLIANCE WITH LAW

In compliance with the Children’s Online Privacy Protection Act, 15 U.S.C. § 6501.06 and 16 C.F.R. §§ 312.1 – 312.12, we do not knowingly collect personally identifiable information from children under the age of thirteen. By using our Site or our Services and/or creating any user account, you represent that you are not younger than 13. If you think that we have collected personal information from a visitor under the age of 13, please contact us.

Marketing; E-mail Communications. From time to time, we may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from us or click on a link therein. If you would like to stop receiving marketing or promotional communications via email from us, you may opt out of such communications by unsubscribing from emails or by contacting us.

External Data Storage Sites. Personal Information collected by us may be stored and processed in your region, in the United States or in any other country where we or our Third-Party Providers maintain facilities. Generally, the primary storage location is in the United States. Unless otherwise requested by our clients, backups made from locations within the European Economic Area remain within the European Economic Area. The storage location(s) are chosen in order to operate efficiently, to improve performance, and to create redundancies in order to protect the data in the event of a server outage or security incident. Personal Information is processed according to the provisions of this Notice and the requirements of applicable law wherever the data is located. We may transfer personal data from the European Economic Area and Switzerland to other countries, some of which have not been determined by the European Commission to have an adequate level of data protection. When we do, we use a variety of legal mechanisms, including contracts, to help ensure your rights and protections travel with your data; such contracts will conform to the standard clauses specified under the GDPR and we will remain liable for the protection of such personal data.

CONTACT INFORMATION

We welcome your questions or comments regarding this Notice. You may also use this contact information if you have a request regarding your Personal Information as noted above. If you believe that we have not adhered to this Notice, please contact us at compliance@lendwithspark.com

Copyright © 2022 by Ignify Technologies, Inc. All rights reserved.