Privacy policy

Sparkbay understands the importance of protecting personal information. For this reason, Sparkbay strives to have business procedures and security safeguards in place to protect personal information under its control.

Application and Scope

This Privacy Policy ("Policy”) is intended to establish responsible and transparent practices for the management of personal information and to satisfy the relevant and applicable legal requirements. This Policy sets out the standards, responsibilities and obligations of Sparkbay in respect of any personal information collected, accessed or processed by Sparkbay in the course of its business operations and specifies the obligations of Sparkbay that arise from Sparkbay Terms of Service (available at https://sparkbay.com/terms) (the “Terms”) entered into between Sparkbay and its corporate customers (each, a “Customer”), whereby Sparkbay might handle or have access to personal information.

This Policy also governs personal information collected about Sparkbay’s website users ("you" or "your") and explains how Sparkbay uses and discloses personal information collected from people who visit its website and otherwise interact with Sparkbay through https://sparkbay.com and its sister websites provided by Sparkbay (collectively, the “website”). It also explains how Sparkbay uses cookies and similar technologies.

Any Personal Information (as defined below) received in communication or in material you transmit to the Site by electronic mail or otherwise are and will be treated in accordance with this Policy.

Definition of Personal Information

Personal Information is defined as “any information about an identifiable individual”. This may include, for example, email addresses and contact details and any similar information provided to Sparkbay in the course of its business operations, or which Sparkbay may receive from business inquiries. Personal information that is aggregated and cannot be associated with an identifiable individual is not considered to be Personal Information. We endeavor to limit our requests for Personal Information to information we believe is reasonably necessary to achieve our purposes as described in the “Use of Personal Information” section below.

Use of Personal Information

We process various categories of personal data for different purposes and on different legal bases:

  • Usage Data: includes your IP address, geolocation, browser type and version, operating system, visit duration, pages viewed, and navigation paths. This data is used to analyze site usage and improve our services. The legal basis is our legitimate interest.

  • Account Data: includes name, profession, email address, and other demographic attributes, obtained from you or your employer. This data is used to operate our site, provide our services, ensure security, maintain backups, and communicate with you. The legal basis is our legitimate interest or the performance of a contract.

  • Profile Data: includes name, phone number, email address, profile photos, gender, date of birth, and employment details. This data is used to enable and monitor your use of our site and services, based on our legitimate interest or the performance of a contract.

  • Service Data: provided by you or your employer, used to provide our services, secure our site and services, maintain backups, and communicate with you. The legal basis is the performance of a contract.

  • Client Relationship Data: includes name, employer, title, contact details, and communications. This data is used to manage our client relationships and promote our products and services. The legal basis is our legitimate interest.

We may use information that is not personal data, such as demographic data, to analyze and develop our marketing strategy and improve the Site and our Services.

Compliance with Privacy Legislation

Sparkbay is committed to complying with applicable legislation, including the General Data Protection Regulation (GDPR), the Act Respecting the Protection of Personal Information in the Private Sector, and the Personal Information Protection and Electronic Documents Act (PIPEDA).

Information Sharing and Disclosure

Sparkbay will not sell, rent or trade Personal Information to any third party. However, Sparkbay may share Personal Information when authorized and/or required by law or as follows:

  • if sharing the information is reasonably necessary to provide a service that you have requested.

  • if we believe in good faith that we are required to do so by law, in connection with litigation, to prevent a crime, or to protect personal safety, the public, or the Site.

  • in connection with a sale or merger with another entity or if Sparkbay should ever file for bankruptcy or have its assets sold to another entity.

  • when we otherwise have your consent to share the Personal Information.

Sparkbay may also share non-Personal Information with third parties (e.g. aggregate or demographic data).

Before sharing any Personal Information with any third party, Sparkbay will ensure that the third party maintains reasonable data management practices for maintaining the confidentiality and security of personal information and preventing unauthorized access.

Hosting of Personal Information

The hosting of Personal Information is located in Canada or Ireland. Transfers to each of these countries are protected by appropriate safeguards.

Retention and Deletion of Personal Information

Personal Information we process will not be retained longer than necessary for the purposes for which it was collected.

We will retain your Personal Information as follows:

If you have an account with Sparkbay, we do not delete your account data. You are responsible for managing the periods during which you retain this data. To delete data at the account or user level, please send an email to hey@sparkbay.com. If you have responded to a survey, you will need to ask your employer how long your responses will be retained in Sparkbay services.

Notwithstanding the other provisions mentioned, we may retain your Personal Information if it is necessary to comply with a legal obligation to which we are subject, or to protect your vital interests or those of another natural person.

Rights Regarding Personal Information Protection

Here is a summary of your main rights regarding personal information protection.

Right of Access: You have the right to verify whether we process your Personal Information and to access it. If you have an account with Sparkbay, you can obtain a copy of all the Personal Information we hold about you. You can also request restrictions on our use of your data or object to certain aspects of our processing. For complete requests or restrictions, contact hey@sparkbay.com.

Right to Rectification: You have the right to correct any inaccurate Personal Information about you and to complete any incomplete data.

Right to Erasure: In certain situations, you have the right to request the deletion of your Personal Information without delay. These situations include: the data is no longer necessary for the purposes for which it was collected, you withdraw your consent, you object to the processing, the data is processed for direct marketing purposes, or it has been processed unlawfully. However, there are exceptions to this right, such as the need to retain the data to comply with a legal obligation or to exercise legal rights.

Right to Restrict Processing: In certain circumstances, you can request the restriction of the processing of your Personal Information, for example, if you contest the accuracy of the data or if the processing is unlawful but you oppose its deletion. We will continue to store your Personal Information under certain conditions, such as your consent, the exercise of legal rights, or for public interest reasons.

Right to Object: You can object to the processing of your Personal Information for reasons related to your particular situation, especially if the processing is necessary for the performance of a task carried out in the public interest or pursued by us or a third party. If you object, we will stop processing your data unless we can demonstrate compelling legitimate grounds.

Right to Lodge a Complaint: If you believe that the processing of your Personal Information violates data protection laws, you have the right to lodge a complaint with a supervisory authority.

Right to Withdraw Consent: You can withdraw your consent at any time. Withdrawal does not affect the lawfulness of processing based on consent before its withdrawal.

To exercise your rights, you can send us a written notice at hey@sparkbay.com, in addition to other specified methods.

If you are not satisfied with how we have handled a complaint you submitted, you have the right to contact your local data protection supervisory authority.

Security

We are committed to protecting Personal Information from loss, misuse, disclosure, alteration, and unauthorized access. Sparkbay will store and process the personal information in a manner consistent with industry security standards. Sparkbay has implemented technical, organizational and administrative systems, policies, and procedures to help ensure the security, integrity and confidentiality of personal information and to mitigate the risk of unauthorized access to or use of personal information, including (i) appropriate administrative, technical and physical safeguards and other security measures designed to ensure the security and confidentiality of the personal information it manages; (ii) a security design intended to prevent any compromise of its own information systems, computer networks or data files by unauthorized users, viruses or malicious computer programs; (iii) appropriate internal practices including, but not limited to, encryption of data in transit; using appropriate firewall and antivirus software; maintaining these countermeasures, operating systems and other applications with up-to-date virus definitions and security patches so as to avoid any adverse impact to the personal information that it manages; appropriate logging and alerts to monitor access controls and to assure data integrity and confidentiality; permitting only authorized users access to systems and applications; and (iv) all persons with authorized access to personal information must have a genuine business need-to-know prior to access (“Security Program”).

Third Party Sites

The Site may contain links to other sites. Sparkbay is not responsible for the privacy practices of such other sites. We encourage our users to be aware when leaving the Site to read the privacy statements of each site that collects Personal Information.

Cookies

We use third-party advertising companies to serve advertisements on our behalf. These companies may use a cookie or an action tag, also known as a Web Beacon or a 1 pixel .gif file, to tailor the advertisements you see on this Website and other sites, to track your response to their advertisement and to measure the effectiveness of their advertising or to award incentives or points to their members who respond to their advertisements. The cookies, action tags or similar files do not contain any Personal Information.

You can learn more about targeted advertising, its benefits and your choices by going to aboutads.info. The targeted advertising companies we work with are members of the Network Advertising Initiative. The NAI allows you to limit targeted advertising from its members by using an opt-out tool available on the NAI website at networkadvertising.org.

Your Consent to this Policy

By using this Site, you agree to this Policy. We may occasionally update this Policy. The date of the most recent update of this document will always be displayed at the beginning of this page. If we change our Policy, we will post those changes on sparkbay.com. If we decide to use Personal Information in a manner different from that stated at the time it was collected, we will notify users via email (if an email address has been provided) or display a notice on sparkbay.com. We encourage you to periodically review this Policy to stay informed about how we are protecting the Personal Information we collect. Your continued use of this Site constitutes your agreement to this Policy and any updates.

Contacting Sparkbay

If you have any questions, comments, or concerns about this Policy, please contact us at:

Sparkbay Technologies inc.
407, McGill Street, Suite 501
Montreal, Qc, H2Y 2G3
Email: hey@sparkbay.com