Privacy policy

1. ABOUT SPAARKD

Your personal information is collected by SPVRKD AG ("SPAARKD", "we" or "us"), registered in Switzerland under company number CHE-260.912.934.

We respect your privacy and are committed to protecting your personal information. This Privacy Policy sets out the information that we collect, the reasons for which we collect the information, and how we can use and share the information.

The Website and Services provided by SPAARKD are not intended to be used by children. If you have any questions about this Privacy Policy, please contact our Customer Service team.

 

2. WHAT INFORMATION DOES SPAARKD COLLECT ABOUT ME, AND HOW?

2.1 Users: If you are not an account holder

Information you share with us

You choose to share certain information when using our website or mobile app. We use technology such as "Cookies" to collect information and store your online preferences. Cookies are small pieces of information sent by a web server to a web browser, which allows the server to uniquely identify the browser on each page. Access additional information and update your cookie preferences here (only relevant for the browser version of our services, not for the app).

 

Information we receive from others

In addition to the information you provide us directly, we receive information about you from others, including Cookies. Access additional information and update your cookie preferences here (only relevant for the browser version of our services, not for the app).

 

Information collected when you use our Website

  • Device information: We may collect information from and about the device(s) you use to access our Website, including:
    • - hardware and software information such as IP address, device ID and type, device-specific and apps settings and characteristics, app crashes, advertising IDs (such as Google’s AAID and Apple's IDFA, both of which are randomly generated numbers that you can reset by going into your device’ settings), browser type, version and language, operating system, time zones, identifiers associated with cookies or other technologies that may uniquely identify your device or browser (e.g., IMEI/UDID and MAC address); and
    • - information on your wireless and mobile network connection, like your service provider and signal strength.

 

2.2 Community member: If you are an account holder

You choose to share certain information when using our Website and Services. This includes:

  • - Contact details: When you provide us with at least some basic details necessary to set your account up, such as your name and contact details. Please note SPAARKD does not collect credit card details.
  • - Service data: Please read our Terms and Conditions to understand how any data collected during the provision of our services to you is processed. Service data can include the bank and tax details necessary pay you for your creations.
  • - Interactions: When you interact with other Websites, including providing comments.
  • - Payment data: Please note that we do not collect payment data from you, this will be carried out by third parties such as Stripe, Inc., card providers or any other relevant payment services provider. Please ensure you read and understand the relevant third parties’ privacy policies.

 

Information we receive from others

In addition to the information, you provide us directly, we receive information about you from others, including:

  • - Service providers: We may engage service providers when we need to carry out legally required checks (such as IP checks).

 

Information collected when you use our Website and Services

We may collect information from and about the device(s) you use to access our Website, including:

  1. - hardware and software information such as IP address, device ID and type, device-specific and apps settings and characteristics, app crashes, advertising IDs (such as Google’s AAID and Apple's IDFA, both of which are randomly generated numbers that you can reset by going into your device’ settings), browser type, version and language, operating system, time zones, identifiers associated with cookies or other technologies that may uniquely identify your device or browser (e.g., IMEI/UDID and MAC address);
  2. - information on your wireless and mobile network connection, like your service provider and signal strength; and information on device sensors such as accelerometers, gyroscopes, and compasses.
  3.  

2.3 Creator: If you are an account holder who creates designs

Additional to the above, you choose to share certain information when using our Website or Services. This includes:

  • - Service data: Please see the Creator Terms and Conditions to understand how any data collected during the provision of our services to you is processed. Service data can include the bank and tax details necessary to pay out your proceeds you earn through SPAARKD.

 

3. WHAT DOES SPAARKD USE MY PERSONAL INFORMATION FOR?

To provide our Services, including:

  • - Onboarding you as a creator;
  • - Adapting our Website and mobile app to your preferences;
  • - Creator and customer support;
  • - Completing your transactions;
  • - Communicating with you about our website and mobile app, including order management and billing;
  • - Allowing you to interact with other users; and
  • - Enabling you to share website and app content on social media.

 

Marketing

As our customer, we will send you information about SPAARKD products and services, unless you opt-out. You may opt out at any time by changing your preferences in your account settings.

If you have allowed us to do so, we will send you marketing material of our selected partners that we believe may be of interest to you. You may opt out at any time by changing your preferences in your account or subscription settings.

 

E-mail or newsletter subscriptions

If you have subscribed to our marketing emails, we will send you marketing emails with first- and third-party content. We may use pixel tags, web beacons, and/or HTML-formatted email messages that track and report back to us the actions recipients take in response to our emails (e.g., whether a message has been opened, read, or deleted).

 

Prevention, detection and fighting fraud or other illegal or unauthorized activities

We perform personal information analysis to better understand and design countermeasures against these activities and retain personal information related to fraudulent activities to prevent against recurrences.

 

Legal compliance

We ensure to comply with legal requirements, assist law enforcement and enforce or exercise our rights, for example our Terms and Conditions.

 

4. WHAT IS SPAARKD'S LEGAL BASIS TO PROCESS MY PERSONAL INFORMATION?

We process your personal information to ensure our Website and Services are running smoothly and we are able to fulfill the contract that you have with us.

 

Legitimate interests

We may use your personal information where we have legitimate interests to do so. For example, for administrative, fraud detection and other legal purposes.

 

Legal obligation

In some cases, applicable laws may require us to process certain information about you.

 

Consent

We may ask for your consent to use your personal information for certain specific reasons. For example, using your email address to send you newsletters. You are free to revoke your given consent for the future. You may revoke your consent at any time by contacting us at the address provided at the end of this Privacy Policy or updated your preferences in the account settings.

 

Soft opt-in

We will send you information about our products and services. You can opt out at any time.

 

5. WHO DOES SPAARKD SHARE MY INFORMATION WITH, ANY WHY?

With our service providers and partners

We use third parties to help us operate and improve our website and mobile app. These third parties assist us with various tasks, including personal information hosting and maintenance, analytics, customer care, marketing, advertising, payment processing and security operations.

We may also provide aggregated (anonymized) information to third parties. A list of these third parties is available on request.

 

In corporate transactions

We may transfer your personal information if we are involved, whether in whole or in part, in a merger, sale, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy or other change of ownership or control.

 

When required by law

We may disclose your personal information if reasonably necessary: (i) to comply with a legal process, such as a court order, subpoena or search warrant, government/law enforcement investigation or other legal requirements; (ii) to assist in the prevention or detection of crime (subject in each case to applicable law); or (iii) to protect the safety of any person.

 

To enforce legal rights

We may also share information: (i) if disclosure would mitigate our liability in an actual or threatened lawsuit; (ii) as necessary to protect our legal rights and legal rights of our users, business partners or other interested parties; (iii) to enforce our agreements with you; and (iv) to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing.

 

With your consent or at your request

We may ask for your consent to share your personal information with third parties. In any such case, we will make it clear why we want to share the information.

 

Social media

We provide social media plug-ins on our website and mobile app which link directly to the relevant social media websites or applications. When you decide to interact with a social network, information will be transferred to the relevant social media website or app about your activity on our services. If you are logged on in one of the social networks during the visit on one of our websites or our mobile app, the social network might add this information to your social media profile.

In case you do not wish such a data transfer, please log out from the respective social network before you enter our website or mobile app. Please note that if you sign up or log in to the SPAARKD app through a third-party account, you may not be able to switch this off, please see the relevant third-party’s privacy policy for further information.

Please keep in mind that we cannot influence the data collection and data transfer via the social media plug-ins which link directly to the respective social media platform. Please read the relevant third party’s social media privacy policies for detailed information about the collection and transfer of personal data, what rights you have and how you can achieve satisfactory privacy settings.

 

6. HOW DOES SPAARKD SEND INFORMATION OUTSIDE OF MY COUNTRY?

When we send your personal information outside of your country, we have adequate safeguards in place to do so. This includes UK International data transfer agreements, EU standard contract clauses approved by the European Commission or other suitable safeguard to permit personal information transfers from the European Economic Area (“EEA”) to other countries.

 

7. WHAT ARE MY PRIVACY RIGHTS?

In certain circumstances, you may exercise the rights available to you under applicable data protection laws as follows:

  • - If you wish to access, correct, update or request deletion of your personal information.
  • - You can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information.
  • - If we have collected and process your personal information with your consent, then you can withdraw your consent at any time. This may mean your access to certain App is restricted or denied as a result. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
  • - You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.

 

You can exercise your rights at any time by contacting our Customer Service team. We respond to all requests we receive from users in accordance with applicable data protection laws. We may ask you to provide proof of identity before we can answer the above requests. In some cases, we may reject requests for certain reasons (for example, if the request is unlawful or if it may infringe on trade secrets or intellectual property or the privacy of another user).

 

8. HOW DOES SPAARKD PROTECT MY PERSONAL INFORMATION?

Keeping you and your personal information secure is very important to us. We have implemented, and will maintain current, reasonable physical, technical, and organizational security measures to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction.

 

9. HOW LONG DOES SPAARKD RETAIN MY PERSONAL INFORMATION?

Your personal information will be stored in accordance with applicable laws and kept for as long as needed to carry out the purposes described in this Privacy Policy or as otherwise required by applicable law.

 

10. CHANGES TO THIS PRIVACY POLICY AND POINTS OF CONTACT

Further development of our websites and apps and the implementation of new technologies to improve our service for you may require changes to this Privacy Policy. Any changes we may make to this Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by email. Please check back regularly to keep informed of updates or changes to this Privacy Policy.

You can reach out to our Customer Service team for general questions on privacy and to exercise your data protection rights.

 

Last updated: 23 May 2023

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