iSparks, inc. offers internet services ("Services") through it's SpamHero and Action Web services (collectively "iSparks", or "we" or "us") and associated websites ("Websites"). This policy describes what personal information iSparks collects, why it is collected, and how it is used. It applies to personal data and other information collected by us from or about prospective clients, current clients ("Clients"), and visitors and users of our Websites.
Information we collect
Personal information provided by you
When engaging with iSparks through our Websites or other means, you may be invited to provide personal information that you may elect to provide. Examples of these engagements include, but are not limited to, filling out a web form to request additional information about our services, completing a survey, asking a question, contacting us through a web chat, providing feedback, or commenting on a blog. Personal information may also be collected by us when you send us an email, call us on the phone, send us a text, message us through social media platforms, or any other means you may choose to communicate with us. If you choose to become a Client of our service, you will be required to provide some basic personal information on our order forms and control panels. Our Service order forms and control panels indicate data that is required or optional. In these interactions with you, we may collect the following information about you or other members of your organization that you elect to provide:
Other data Clients process and store with us
As a service provider, iSparks stores and processes data ("Client Controlled Data") as directed by it's Clients. For example, Clients of our SpamHero service configure the "MX records" on domains they control to route email through the SpamHero service so that we can filter out spam messages for them. To cite another example, Clients of our Action Web Service control what content and emails they store on our servers. Clients ability to control the Client Controlled Data we store and process for them is limited by the capabilities of the iSparks Services they are subscribed to, the associated Terms of Service of the subscribed Services, and applicable laws for the handling of the data they control.
Website visitor information
When you visit our Websites, our web servers automatically log data about your visit, including your IP address, browser type, operating system, geographic location, the pages you visited, the website that referred you, the date, time and length of your visit and any other data that your browser may have provided. If you choose to provide additional personal information to iSparks during a visit to our Websites or by email, your IP address may be used to link this additional personal information to the website visitor data that we collect, which means your website visits may not be anonymous to us. See the "Cookies and third party tracking technologies" section of this policy for additional methods we use to collect website visitor information.
How we use your information
Personal information collected will only be used in a manner consistent within the context it was collected, unless specific and clear consent is given by you to use the data for purposes beyond the original purpose it was collected for.
To provide Services to Clients
Personal information provided directly by Clients (excluding Client Controlled Data as defined above) is used to provide Services, provide Client support, bill for Services, provide Clients information on using our Service, notify Clients of issues with our service, improve our Service, and keep Clients informed about our service offerings. If Clients choose to provide additional personal information beyond what is required, this information will only be used to enhance the Client's experience unless the Client provides consent to use the data for other purposes.
To send communications to our Clients
If you are a Client of iSparks, we may occasionally contact you about billing, issues related to your service, and information about new services we offer. In order to stop receiving these communications, you can either change the contact information on your account profile or cancel your account with us. We also give customers the option to subscribe to optional communications that allow them to get service status updates and feature updates. Customers can subscribe or unsubscribe to these notifications through the client control panel. Or, if it is more convenient, you may also send a request to email@example.com to be excluded from specific Client communications. Depending on what types of Client communications you want to stop, it may require us to discontinue all outbound communications with you to accomplish your request.
To communicate with prospective clients
lf you have requested information about our services, we may occasionally contact you about our service offerings. If our communication to you was sent by email and an unsubscribe link is not included, you may simply respond with an opt-out request. You may also opt out of phone calls or other contacts by simply letting us know that you are no longer interested. You may also send a request to firstname.lastname@example.org to opt-out of these communications. Please allow up to 2 business days for us to remove you from our contact lists.
Use of Client Controlled Data provided by Clients
Client Controlled Data (as previously defined) that is controlled by our clients is only used in accordance with the instructions of our Clients and within the limitations of subscribed Services and Terms of Service. Upon request, iSparks will provide Clients a data processing addendum that is compliant with EU General Data Processing Regulations which amends the agreement (or Terms of Service) between iSparks and the Client and governs iSparks' processing of client data. Regardless of whether clients choose to sign this data processing addendum, iSparks will follow the principles for protecting data privacy as specified in the addendum when acting as a data processor to handle data on behalf of it's clients.
To analyze and improve our Websites and Services
iSparks uses website visitor data to track the effectiveness of our advertising, to improve website compatibility with devices and browsers, identify and block malicious accesses to our websites, and measure traffic levels in order to maintain proper server capacities.
Cookies and third party tracking technologies
iSparks uses the following technologies to improve your experience and our business:
Disclosure of personal information
iSparks does not disclose your personal information to third parties except in the following cases:
Updating or deleting your personal information
If you are a Client of iSparks, you will normally have access to a client control panel that allows you to correct, update or delete your personal information. If you are not a Client, or the information you need to update or delete is not located in the client control panel, you may send a request to email@example.com. Requests will be denied if the data in question is required for our financial accounting or legal purposes or where the burden or expense of providing you access would be disproportionate to your privacy risks, or where the rights of other persons would be violated. In addition, our ability to process your request will be subject to our ability to confirm your identity. Requests that are allowed will be processed in a reasonable amount of time, usually less than 3 business days, but no longer than 30 days. Data that is updated or deleted from our live databases may still exist in its original form in our backups. If your personal information was stored on our servers by one of our Clients, where our Client is the data controller and we are only the data processor, we will forward your request to our Client. Our Client's handling of your request will be subject to any terms of service or contracts that you have with our Client.
We have implemented reasonable measures to protect against unauthorized access of personal information. Examples of methods we use are:
Protection of children
Our Websites and Services are all directed to people who are at least 13 years old or older. In compliance with the requirements of COPPA (Children's Online Privacy Protection Act), we will not knowingly collect data from anyone under 13 years of age.
Links to Third Party websites
Our Websites includes links to third party websites. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Due to the size and scale of iSparks' operations, the California Consumer Privacy Act (CCPA) does not apply. That said, iSparks believes in doing the right thing and is happy to comply with reasonable requests that are allowed within the CCPA from data subjects in California. We also strive to comply with all principles of the CCPA to ensure the privacy and safety of the data we process.
International Data Transfers
To the extent that iSparks processes any Client Controlled Data protected by EU Data Protection Law that originates from the EEA, in a country that has not been designated by the European Commission or Swiss Federal Data Protection Authority (as applicable) as providing an adequate level of protection for Personal Data, the parties acknowledge that iSparks shall be deemed to provide adequate protection (within the meaning of EU Data Protection Law) for any such Client Controlled Data by virtue of either of the following mechanisms: (a) upon request, iSparks can provide a signed Data Processing Addendum that includes the Standard Contractual Clauses as set forth by the European Commission or (b) through iSparks' adherence to "Privacy Shield Principles". If the European Commission refuses to accept participation in the Privacy Shield Principles as a mechanism for providing an adequate level of protection, then clients in the EU are encouraged to request a signed copy of iSparks' Data Processing Addendum which includes the Standard Contractual Clauses for which the EU Commission currently accepts as a method for providing adequate protection for Client Controlled Data that originates from the EEA and is protected by EU Data Protection Law.
Privacy Shield notice
We adhere to all Privacy Shield Principles, including the principles of of Notice, Choice, Accountability for Onward Transfers, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability as described below.
Your personal information will not be shared or sold to third parties except as necessary as described in the "Disclosure of personal information" section of this policy. We offer individuals the opportunity to choose by either providing consent or opting out before their personal information is disclosed to a third party or used for a purpose that is materially different from the purpose for which it was originally collected. Individuals are given clear, conspicuous, and readily available mechanisms to exercise their choice. We currently do not collect information considered sensitive by the Privacy Shield principles, but if we later decide to do so, we will obtain affirmative express consent (opt in) from individuals if such information is to be disclosed to a third party or used for a purpose other than those for which it was originally collected. In addition, we will treat as sensitive any personal information received from a third party where the third party identifies and treats it as sensitive.
Accountability for Onward Transfer
iSparks, inc. remains accountable and liable for all onward transfers of personal information to third parties in accordance with the onward transfer liability provisions of the Privacy Shield Frameworks. The type of third parties to which we disclose personal information to and the purposes for doing so are listed in the "Disclosure of personal information" section under the "Service providers" subheading of this policy.
We take reasonable and appropriate measures to protect personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction. For more information, see the "Data security" section of this policy.
Data Integrity and Purpose Limitation
We limit the personal information collected to that which is relevant to our business and use personal information in a way that is compatible with the purposes for which it has been collected or subsequently authorized by the individual. To the extent necessary for those purposes, we take reasonable steps to ensure that personal data is reliable for its intended use, accurate, complete, and current. Personal information is retained only for as long as necessary for processing or for statistical analysis or another approved purpose.
Individuals have the right to know what personal information we are storing about them and to ensure it is accurate and relevant to the purposes for which we collected it. Upon request, we can provide access to the personal information that we store about you and, will take reasonable steps to give you access to correct, amend, or delete information that is inaccurate, or has been processed in violation of the Privacy Shield Principles, subject to the limitations outlined in the "Updating or deleting your personal information" section of this policy.
Recourse, Enforcement, and Liability
We are committed to resolve your complaints about your privacy and our collection or use of your personal information. If you have a complaint, please contact us either by email at at firstname.lastname@example.org or one of the following methods:
If you are a resident of the EU/EEA or Switzerland and have a complaint that we have been unable to resolve for you, you may contact data protection authorities as follows:
If your concerns are still not resolved after contacting us and one of the above authorities (if applicable), you may have the right to require that iSparks enter into binding arbitration under the Privacy Shield Panel. For more information, visit the Privacy Shield website.
iSparks, inc. and it's SpamHero and Action Web services are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.
EU General Data Protection Regulation Representative
Pursuant to Article 27 of the EU General Data Protection Regulation (GDPR), iSparks has appointed Rickert Rechtsanwaltsgesellschaft mbH as it's GDPR representative in the EU. Rickert Rechtsanwaltsgesellschaft mbH can be contacted in addition to iSparks in matters pertaining to our compliance to the GDPR in the following ways:
Questions or concerns
If you have questions, comments or concerns regarding this policy, you are welcome to email us at email@example.com and you will receive a prompt reply, usually within 2 business days. You may also contact us using the information below: