Privacy Policy

1. ABOUT US

Sparklist Industries Inc. (“Sparklist”, “we”, “us”, “our” and terms of similar meaning) take your privacy rights very seriously. We are committed to transparently describing our privacy practices, including how we collect, use and disclose (a) your personal or personally identifiable information or business information (if and as applicable) (“Information”); and (b) data we obtain from your activity on the Service (as defined below) (“Data”) as part of providing the mobile app (on any and all formats or devices), website (https://sparklist.flutterflow.app/home) and/or the web based applications and services available thereon (each an “Application” and collectively the “Applications”). The Site and/or each Application shall collectively be referred to as the “Service”.

We encourage you to read and understand our terms and conditions (“Terms”) that apply to your particular use of the Service, and this privacy policy (“Privacy Policy”) before accessing and/or using the Service. By accepting the Terms and/or Privacy Policy or accessing and/or using the Service, you expressly consent to our collection, use and disclosure of Information and Data in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to the Terms.

2. WHAT INFORMATION AND DATA DO WE COLLECT?

(a) Information.

i. Our primary purpose in collecting Information from you voluntarily is to provide you with a safe, smooth, efficient, and customized experience when using the Service. We will only ask for and collect Information that we consider necessary for achieving this purpose.

ii. You can browse the public facing sections of the Service without telling us who you are or revealing any Information. When applying for or registering for a User Account, as applicable, you must provide Information as requested or where indicated on the Service. At that time, you will no longer be anonymous to us. Where possible, we indicate which fields are required and which fields are optional. In addition, as you use the Service, you may be requested or required, from time to time to share through the Service (either with us or other Users) further Information. Information you may be requested or required to provide may include, without limitation: your name, address, phone number, e-mail address, password, photo, Verifying Information, business name, business logo, trademarks and/or business licenses.

iii. You represent that you have the right and authority or have obtained all necessary consents and approvals to provide any Information, including any Information of another individual or entity, that is provided by you to Sparklist and/or another User through the Service or otherwise.

iv. If you are able to and do sign up for a User Account using a Third-Party provider account, we may also get basic Information from your Third-Party provider account profile, which may include your name, gender, profile photo and/or connections.

v. You always have the option to not provide Information by choosing not to use, access and/or become a User.

(b) Payment Method. If you have registered for a User Account, we may collect your credit card, other payment and/or banking information through a Third-Party payment processor. If and when you add a credit card, payment method and/or banking information to a User Account, such information and your Information may be shared with our Third-Party payment processor(s).

(c) User Feedback. We may collect ratings and reviews, feedback, and other Information from other Users. Such ratings and reviews, feedback and other Information shall be made in accordance with the Terms.

(d) Data Collected Automatically

i. When you use the Service, Sparklist automatically receives and records Data from your device, including, without limitation, your location, IP address, browser type (if applicable), operating Data, device Data, mobile carrier (if applicable), device and application IDs, “cookie” information, and the page you requested. Unless otherwise stated in this Privacy Policy, Sparklist only uses this Data in aggregate form.

ii. “Cookies” and similar technologies are small files placed on your computer and devices that assist us in providing the Service. We and our Third-Party service providers use cookies and similar technologies to provide and personalize the Service, analyze use, target advertisements and prevent fraud. You can disable cookies in your browser settings, however, if you do so, some parts of the Service may not function properly.

iii. The Service uses location services made available online by other platforms. Location services allow location-based applications and websites, like the Service, to use Data from internet service providers, cellular, Wi-Fi and Global Positioning System (GPS) networks to determine your approximate location. We use location services to facilitate the ordinary operation of the Service, including tracking the location of Users and displaying that Data to other Users in order to facilitate relevant communications through the Service.

3. HOW DO WE USE INFORMATION AND DATA?

We may use Information to determine your eligibility to have a User Account and be a User of the Service. We may also use your Information and Data to provide to you the License to use the Service, to provide you with the Service; to communicate with you, either directly or through one of our partners, including for marketing and promotional purposes; to improve our marketing and promotional efforts; to advise of pricing and Service related updates; facilitate transactions and payments (if applicable); to resolve service disputes; to troubleshoot problems; to inform you about online and offline offers, products, services, events and updates; to analyze usage of the Service; to improve our Service and Content offerings; to deliver information to you that, in some cases, is relevant to your interests; to customize your experience, layout and the Service; to detect and protect us against error, fraud and other criminal activity; to enforce our Terms; to provide you with system or administrative messages; and/or as otherwise described to you at the time of collection. These uses improve the Service and better tailor it to meet your needs.

4. OUR DISCLOSURE OF INFORMATION AND DATA

(a) General Disclosure. We may share your Information and Data with Third-Parties (as defined below) only in the ways that are described in this Privacy Policy, the Terms and in accordance with your consent. We will not share, sell, or rent your Information and Data to Third-Parties without your explicit consent.

(b) Sharing Between Users. Users of the Services may be able to see basic Information about each other, including, as applicable, names, photos, ratings, Verifying Information, and any other Information added to a User Account or to User Content.

(c) Anonymized Aggregated Data. We may aggregate and anonymize Data and use and disclose it for a variety of purposes, including analytics. However, in these situations, we do not disclose any Information.

(d) Public Areas of the Service. User activities in the public areas of the Service may be identifiable to a User Account, and all or certain users of the Service may be able to see your published content.

(e) Laws and Jurisdictions. Notwithstanding anything to the contrary in this Privacy Policy, we may preserve or disclose Information and Data if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect our or any other person’s or entity’s rights or property. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to a Third-Party’s, including a government’s, request to disclose your Information and Data.

(f) Sale of Business. We may disclose Information and Data to the acquiror or its agents in the course of the sale of our business. If we do this, the disclosure will be subject to confidentiality arrangements customary in such transactions.

(g) Storing and Processing Information and Data. In some cases, Information and Data that we collect may be stored or processed outside of Canada. When that occurs, we continue to protect the Information and Data with appropriate safeguards and data export requirements, but it may be subject to the legal jurisdiction of those countries and governmental authorities in those countries.

(h) Subsidiaries, Affiliates and Service Providers. We may use the services of affiliates, subsidiaries and/or unrelated service providers (“Third-Party”, and collectively, “Third-Parties”) in connection with our provision of the Service, including, without limitation, for the processing of payments, off-premise data hosting and communication services. We may disclose your Information and Data to the Third-Parties in the course of our use of their services. We take care to use Third-Parties that we believe are reputable and capable of performing the services we require of them, including, without limitation, the handling of confidential information and Information and Data and the compliance with all applicable laws.

5. CORRECTING AND UPDATING INFORMATION AND DATA

You may review, delete, and update your Information through your User Account or by contacting us, to ensure it is accurate and complete on the Service.

6. INFORMATION AND DATA RETENTION

(a) General Retention Policy. We keep Information and Data for as long as it is required for the purposes for which it was collected, which is determined in our sole discretion, in accordance with the applicable laws. Notwithstanding the foregoing, we may periodically de-identify (a) Information from collected Data in unused User Accounts; and (b) unnecessary Information from Data collected elsewhere on and/or through the Service. Subject to the terms and conditions of this Privacy Policy and applicable law, with the exception of aggregated Data, we may delete unused User Accounts and the Information and Data associated with them within a time period as required by applicable law, if any.

(b) Termination of Account and/or Login. If your User Account is terminated, we may deactivate it, but we may retain your Information and Data for a certain period of time, in accordance with applicable law, and disclose it in a manner consistent with our practices under this Privacy Policy.

(c) Marketing Practices and Choices. You may instruct us not to use your contact information to contact you by email, postal mail, or phone regarding services, promotions, and special events that might appeal to your interests by contacting us at support@sparklist.ai. For commercial email messages, you can also opt out by following the instructions located at the bottom of such emails. Please note that, regardless of your request, we may still use and share certain information as permitted by this Privacy Policy or as required by applicable law. For example, you may not opt out of certain transactional, operational, or service-related emails, such as those reflecting our relationship or transactions with you.

7. MINOR PRIVACY

The Service is not intended for individuals under the age of eighteen (18). Sparklist does not target its Service to individuals under eighteen (18). Sparklist does not intentionally or knowingly collect Information and Data from individuals under the age of eighteen (18) and does not knowingly allow such persons to use the Service.

8. YOUR INFORMATION AND DATA RIGHTS

In accordance with the applicable privacy laws, you may have the following rights with respect to your Information and Data:

(a) Right of Access and Portability. You may ask for an overview or copy of your Information and/or Data to be provided to you; and/or transferred to another organization.

(b) Right to Rectification. You may review your Information and delete and/or update it through your User Account or by contacting us, to ensure it is accurate and complete on the Services.

(c) Right to Erasure and Restriction. You may ask us to remove and/or restrict our processing of your Information and/or Data in certain circumstances (e.g. if you believe we have processed your Information and/or Data unlawfully, if you believe that your Information and/or Data is no longer necessary for the purposes in which it was collected or processed, you withdraw your consent (as discussed below). Notwithstanding the foregoing, despite such request, subject to all applicable laws and the terms and conditions of this Privacy Policy, we may still retain your Information and Data for legitimate business interests, to collect any fees owed (if and as applicable), resolve disputes, troubleshoot problems, analyze usage of the Services, assist with any investigations, prevent fraud, enforce our Terms and/or take other actions as required or permitted by law.

(d) Right to Withdraw Consent. Where we have asked for your consent to use and/or process your Information and Data, you can withdraw this consent at any time. We will do our best to accommodate your request, subject to applicable laws and the terms and conditions of this Privacy Policy.

Please contact us at support@sparklist.ai if you would like to exercise any of the above rights. Upon your request, we will need to verify your identity and may need to verify your relationship with us for security and fraud prevention. Further, we may take additional steps to verify that you are an authorized User to make the request.

9. SECURITY

Each User Account is protected by a password for your privacy and security. You must prevent unauthorized access to your User Account by selecting and protecting your password appropriately and limiting access to your device. We strive to protect your Information and Data by putting in place a range of technical and organizational measures to safeguard and secure the Information and Data we receive from you, including without limitation, security technologies. We are continuously utilizing security measures to protect your Information and Data from unauthorized access or against loss, misuse or alteration. Despite our efforts, we cannot guarantee the security of any Information and Data. Unauthorized entry or use, hardware or Service failure and other factors, may compromise the security of Information and Data at any time.

10. OTHER INFORMATION AND DATA COLLECTORS

Except as otherwise expressly included in this Privacy Policy, this document only addresses the use and disclosure of Information and Data we collect from you. To the extent that you disclose Information and Data to other parties (including other Users) through the Service, different rules may apply to their use, collection and disclosure of Information and Data. Since we do not control the Information and Data use, collection, or disclosure policies of Third-Parties, you are subject to their privacy policies. We encourage you to ask questions before you disclose Information and Data to others.

11. CHANGES TO THIS PRIVACY POLICY

Sparklist may amend this Privacy Policy from time to time. The use of Information and Data we collect is subject to this Privacy Policy and the Terms in effect at the time the Information and Data is used. If we make any material changes in the way we use Information and Data you provide to us, we will notify you by (a) posting a notice on your User Account page or otherwise through the Service; (ii) sending you an email at the address registered on the applicable User Account or provided in your Registration Data; and/or (iii) otherwise notifying you pursuant to the notice or modification provisions in the Terms. You are bound by any changes to the Privacy Policy and the Terms when you access or use the Service after such changes have been first posted, subject to the terms and conditions of the Terms.

12. QUESTIONS

It is our goal to make our privacy practices easy to understand. If you have questions, concerns or if you would like more detailed information, please email us at support@sparklist.ai.