Last updated: June 2024
About this Privacy Notice
This Privacy Notice is meant to give you information about what personal data we collect about you, how we use it, why we use it, and how you control the data processing.
1. The Basics
1.1. Who We Are
1.1.1. D.I. Dama Innovations Ltd. (operating as “Spark”) offers a proprietary platform to allow our customers to communicate and mobilize their communities to action. Additionally, we provide an informational website. Our offices are located at Ashkelon 3, Tel Aviv, Israel, and our registration number is 51699715.
1.1.2. If you have questions about our company or your privacy, or want to exercise your rights, you can contact us at legal@sparkstudio.app.
1.2. Our Role: Controller and Processor. Certain data protection laws, including the laws in the EU, differentiate between a party that determines why and how personal data is processed (called a "controller") and a party that processes personal data solely on the controller's behalf and according to the controller's instructions (called a "processor").
1.1.1. We are the controller in respect of some of the processing described in this Privacy Notice.
1.1.2. That said, in respect of certain personal data, such as certain Customer Data (as defined below) and certain data in connection with Community Members (as defined below), we serve as a processor. Please see the section below on Personal Data We Collect as a Processor for more information.
1.3. Definitions and Recommendations
1.1.3. When we refer to "Services", we mean services that we provide in connection with our platform that we provide in order to allow our Customers to communicate with and mobilize communities to action, and including the associated Spark mobile and desktop applications.
1.1.4. When we refer to “Customers” we refer to entities with which we have entered into a services agreement for the use of our Services. Each Customer controls its instance of the Services (its “Workspace”). Each Workspace consists of a Desktop Application and a Mobile Application.
1.1.5. When we refer to "personal data", we mean information that is defined as personal data under law. This includes information that identifies you directly or indirectly, including unique identifiers like IP addresses or cookie IDs.
1.1.6. When we refer to “Customer Data” we refer to such data that we receive from our Customers or individuals/employees granted access by means of a Desktop Application to a Workspace by a Customer (“Customer Users”).
1.1.7. When we refer to “Community Members” we refer to end users who received a link to the Workspace from one of our Customers and downloaded our application in order to participate in certain Workspaces by means of a Mobile Application.
1.1.8. When we refer to "you", we mean visitors to our website, job applicants, event participants and any user of our Services, including the site or platform (or a Workspace) as applicable, including Customer Users and Community Members.
1.1.9. This Privacy Notice is meant to be read together with our Terms of Service, which you can find at https://www.sparkstudio.app/terms-of-service. With respect to Customers, please also refer to the applicable Customer Agreement. In general, we recommend that you routinely review this privacy notice and your preferences on our site.
Please note that this Privacy Notice does not apply to any third-party applications or software that may be used to integrate with the Services through our Services and/or platform , or any other third-party products, services or businesses who will provide their services under their own terms of service and privacy policy.
1.4. A Note on Legal Bases. Certain jurisdictions only allow the processing of personal data where a legal basis has been established. Under the EU's General Data Protection Regulation ("GDPR"), the possible legal bases include (but are not limited): your consent, the processing is necessary to perform a contract with you, the processing is necessary to fulfill our legal obligations, or a company has a legitimate business interest to process your personal data. Where we are a controller, we only collect and process data where we have established a legal basis. Below you can find more details about specific legal bases.
2. Personal Data We Collect as a Processor. We process certain personal data on behalf of our Customers in the role of processor. This data is data collected about the Customer Users and/or relevant Community Members when we provide Services to our Customers. We process that data on behalf of the relevant Customer and according to its instructions. Customer Users routinely submit data such as messages, files or other content (such as campaigns and tasks sent to the Community Members) submitted through Services accounts to us when using the Services by means of the Desktop Application. Additionally, we process information about a Customer’s Community Members, such as name, email, total actions performed and other types of analysis on behalf of a Customer. In the course of providing our Services to our Customers, we do not directly collect special categories of data, such as data relating to your political opinions or religious or philosophical beliefs, which is subject to special protections under the law. However we do note that we may infer such data from a Customer User’s and/or a Community Member’s affiliation with the particular Customer. We may share any of the above data with the relevant Customer. Additionally, if a Customer User creates a campaign that is public, such campaign will be shared with other Customers on the platform and/or Services. To learn more about our processing activities in this capacity or to exercise your privacy rights regarding them, please contact the applicable Customer directly.
3. Personal Data We Collect as a Controller, How We Use It, and Why. Below is a description of the types of personal data we collect, how we use it, and the reason why we consider each use lawful. You have no legal obligation to provide us with personal data, but if you don't provide us with certain information, we may not be able to provide you with the associated services.
3.1. Website Visitors. When you visit our site, we may collect the following types of data about you.
3.1.1. Contact Form Information – When you send us a message through the contact form on our site, we collect any data you provide, such as your name, company, email, and the content of your message. When you sign up for our newsletters/mailing list we collect your name and email address.
How We Use this Data: To respond to your message and to provide you with informational newsletters about our products and services, and provide you with promotional materials we think may be of interest to you.
Legal Basis: We process this personal data based on the performance of a contract with you. Processing your Personal Data to share our newsletters/promotional materials with you is based on our legitimate interest to promote our products and services. If required under applicable jurisdiction, we will obtain your consent for the same.
3.1.2. Activity and System Data (Cookies) – When you visit our site and/or use our platform or Services (whether as a Community Member or a Customer User), we automatically collect data about your computer or mobile device, including personal data such as services metadata, runtime environments, configuration values, third parties' API key, your IP address, device ID, computer operating system, referring website (e.g. the other sites you've visited before ours), screen resolution, and your activity on our site, platform and/or Services (e.g. what pages you visited, for how long, and what links you clicked on). For more information about the cookies we use and how to adjust your preferences, see the Cookies and Similar Technologies section below.
How We Use this Data: We mainly use this data to generate aggregated analytics data about the use of our site so we can maintain and improve the site and develop new products or services. We also use statistical data to prevent fraud and protect the security of our site. Some cookies may be used to provide you with advertising for our products and services or those of third parties, based on your preferences and interests. One of the tools we use to collect and analyze this data is "Google Analytics". For more information about how Google collects information and how you can control such use, see: www.google.com/policies/privacy/partners/.
Legal Basis: We process this personal data based our legitimate interests to develop and improve our products and services, and to prevent fraud. When we collect your activity data to advertise to you, we do so on the basis of our legitimate interest to market our own products and services. We will only use your personal data for marketing third parties' products and Services if you have given your consent. You may withdraw your consent at any time by contacting us at legal@sparkstudio.app. We will process your request as soon as reasonably possible, however it may take a few days for us to update our records before any opt out is effective. Additional information regarding Our Marketing Activities is provided below.
3.2. Users/Community Members. If you are a user of our Services and/or platform, including as a Community Member in a Workspace, we collect the following information from and about you.
3.2.1. Registration Data – In order to access Services on our platform, including a specific Workspace, you must first create an account. When creating an account, you will be asked to provide your name, age, email address, and phone number. You may provide us with your social user handles, or we may infer such handles in connection with your activities on our platform, Services and/or in a Workspace.
How We Use this Data: We use your registration information to allow you to access to our platform and/or Services, save your preferences, protect the security of our platform and/or Services, prevent fraud, and address any issues that arise. We use your contact details to communicate with you about our platform and/or Services. We also use your contact details to send you informational newsletters about our products and services. In addition, we use your registration information to send you promotional materials relating to our products and services. For more information about our marketing activities and how you can control your preferences, see the section on Our Marketing Activities below. Some of this data may be visible to other participants in the Workspace, including Customer Users and other Community Members.
Legal Basis: When we process your registration data to provide you with our Services, we do so to perform a contract with you, in this case our Terms of Service. When we process your registration data to maintain our platform and/or Services, including to prevent fraud, protect the security of and/or address issues with our platform and/or Services, we do so on the basis of our legitimate interest to maintain our assets. When we use your contact details to send you newsletters or promotional materials, we do so based on our legitimate interest to market our products and services (and if required in your jurisdiction, based on your consent).
3.2.2. Materials/Content You Upload or Provide while using the Platform and/or Services and Information collected while Interacting on a Workspace – We collect certain data, including personal data, that may be included in some of the materials or content that you upload or provide while using the Services, via platform accounts and in the Workspaces in which you participate. If you participate in forums or perform call to actions, we collect the information in connection with the same, such as the reports that you provide.
How We Use this Data: To provide you with our Services, as well as for analytics purposes, so we can maintain and improve the Platform and/or Services and develop new products or services. Please note that some of this data will be visible to other users of the Workspace, including, without limitation, other Community Members and the applicable Customer Users. If you are a member of several Workspaces, we will not share your data in connection with one Workspace with Community Members and Customer Users in connection with another Workspace.
Legal Basis: We process the materials you provide to perform our contract with you, specifically, the Terms of Service (as well as the applicable Customer Agreement with the Customer).
3.2.3. Special Categories of Data – We do not directly collect special categories of data, such as data relating to your political opinions or religious or philosophical beliefs, which is subject to special protections under the law. However, we acknowledge that it may be possible to infer such data from a Community Member’s affiliation with a particular Customer.
3.2.4. Activity and System Data (Cookies) – We collect data about your device and your activity, as described more fully above in section 3.1.2, when you use our platform and/or Services.
3.2.5. Geo-Location –If you consent, we collect your (geo)location when you use our site or platform.
How We Use this Data: We use your location for statistical purposes
Legal Basis: We process your location (beyond basic information connected to IP addresses) based on your consent. You may withdraw your consent at any point by changing your device settings.
3.2.6. We collect Android's App Set ID from your device when you download our app from Google Play.
How We Use this Data: We use the App Set ID for the essential purposes of analytics and fraud prevention. We do not connect the App Set ID to any Android advertising identifiers (for example, AAIDs) or any personal data for advertising purposes. We process the App Set ID in accordance with Google Play's User Data Policy.
Legal Basis: When we process your App Set ID to prevent fraud, we do so based on our legitimate interest to protect ourselves and our customers. When we process it for analytics purposes, we do so based on our legitimate interests to improve our services.
3.3. Job Applicants – If you apply for a job with us, we collect the information you provide as part of your application and during the course of the application process. This may include your name, contact details, resume, recommendations, and any other information we may request or that you choose to share with us.
How We Use this Data: We use this data to process your job application, including using your contact details to contact you for scheduling purposes and to provide you with updates. We also use this data to manage our recruitment campaigns, as well as to analyze their results and improve future campaigns.
Legal Basis: We process your application data based on our legitimate interest to attract and assess candidates for employment.
3.4. Event Participants – From time to time, we hold special events in which we may invite you to participate. If you receive an invitation, we may collect the following Personal Data from you:
3.4.1. Registration Data – When you register for and participate in an event, we collect your name, contact details, and any other information we may request.
How we use this data: We use this data for logistical purposes, such as to help us plan the event, as well as to contact you with reminders and updates about the event and to ask for your feedback regarding the event so that we may improve future events or our services. If you consent, we may also send you marketing information about future events and other updates.
Legal Basis: When we process this personal data in the course of planning for and running the event, we do so in order to perform a contract with you. When we process this personal data to improve our events and services, we do so based on our legitimate interest to grow and improve our business and services. When we process this personal data to send you marketing information, we do so based on your consent. You may withdraw your consent at any time by contacting us at legal@sparkstudio.app.
3.4.2. Event Pictures – We may hire photographers to cover certain events. Event participants may be photographed directly or may appear in the background of event photos.
How we use this data: We may post event pictures, including on social media, to notify or update the public that the event took place. We may tag individuals in specific photos. We may also use the photos in other marketing materials.
Legal Basis: When we collect event pictures, we do so on the basis of our legitimate interest to market future events and our services.
3.5. Visitors to Our Social Media Pages – When you engage with our social media outlets, such as when you post on our Facebook page, like or re-tweet our posts, answer surveys, or similar activities, we collect the personal data you provide, such as the content of your post and the information available to us through your profile or account. The social media companies we use may also provide us with aggregate and analytical information about activity relating to us.
How we use this data: We may use this information to engage with you or respond to your posts and comments and to analyze the effectiveness of our social media efforts and to improve how we manage them, and for marketing purposes.
Legal Basis: When we process your personal data to engage with you or respond to your posts and comments and to, we do so on the basis of our legitimate interest to engage with and serve our audiences in an effective manner. When we process your personal data to improve our social media outlets or for marketing purposes, we do so based on our legitimate interest to effectively market our products and services, improve our services, and develop new ones.
4. Our Marketing Activities. As described above, we may use personal data we collect for advertising and marketing purposes. We try to limit the marketing material we send to a reasonable and proportionate level. Below we describe how you can control the marketing material you receive from us.
4.1. Email Marketing and Services Communications
4.1.1. We use your contact details to send you informational newsletters and other marketing material about our products and services. Based on your location, we may do so based on your consent. You can withdraw your consent at any time by contacting us at support@sparkstudio.app.
4.1.2. You can stop the delivery of all marketing emails by following the "unsubscribe" link in any messages we send you. Alternatively, you can contact us at support@sparkstudio.app to request to unsubscribe.
4.1.3. If you are a registered user, such as a Community Member, you can change your preferences within your account to reflect how you would like us to communicate with you.
4.1.4. Note that if you are a registered user, we may need to contact you about administrative or service-related issues as part of the Services we provide to you. This is not marketing communication and you will continue to receive these messages even if you opt-out of marketing emails.
4.2. Web Ads
4.2.1. We may also use social media plugins, such as the Facebook plugin, which will allow social media platforms to link personal data collected through our site with personal data in your social media profile. This combined data may be used to serve you with advertising or customized content on the applicable social media platform. We recommend that you routinely review the privacy notices and preference settings that are available to you on social media platforms you use.
5. Sharing the Personal Data We Collect. We share your personal data as follows:
5.1. Customers. If you are a Customer User, that Customer may have access to information about your use of our services, including the Customer Data. Some of a Community Member’s data may be shared with the Customer in connection with the Community Member’s activities in the Workspace set up for the applicable Customer.
5.2. Service Providers. Below is a list of the types of service providers we use, the services each provides, and the types of data shared with each. All service providers have agreed to confidentiality restrictions and have undertaken to use your personal data solely as we direct.
Type of Service
Description
Personal Data Shared
Cloud Computing
We use service providers that offer cloud computing services. They offer us space on their servers for us to store our files and programs, including your personal data.
All personal data that we collect from you is stored on third party servers.
Customer Relationship Management (CRM)
We use an external CRM tool to help us keep track of our customers and information related to them, including their personal data.
Customer Users’ name, company, position, email address, and phone number.
Email Marketing
We use an independent vendor to send out marketing emails on our behalf.
your name and email address.
Bookkeeping Services
We use the services of a third-party bookkeeping service to manage our financial transactions and records.
Your name, marital status, position in the company, address, and bank account information.
Analytics Providers
We use a service provider to assist us with analytics services.
Data collected automatically through our site, including IP addresses and cookie information.
5.3. Change of Ownership. If we are looking to sell our company, liquidate assets, or merge with another, we may share your personal data with other interested parties as part of negotiations toward or in connection with that transaction. In such case, or where we do sell our company, your personal data shall continue to be subject to the provisions of this Privacy Notice.
5.4. Law Enforcement Related Disclosure. We may share your personal data with government agencies or other relevant parties, such as a law office or independent auditor: (i) if we believe that such disclosure is appropriate to protect our rights, property or safety (including the enforcement of the Terms and this Privacy Notice) or those of a third party; (ii) if required by law or court order; or (iii) as is necessary to comply with any legal and/or regulatory obligations, such as audit requirements.
6. International Transfers. Some of our service providers are located in countries other than your own. When we transfer your personal data internationally, we will do so safely and securely and in accordance with applicable law.
6.1. If you are located in the EU, when we share your personal data with third parties based outside of the European Economic Area ("EEA"), we will ensure that they sign on agreements that require them to comply with applicable law, keep your data secure at similar levels to the level described in this Privacy Notice, and make sure that your data protection rights are protected. We will also implement the following safeguards:
6.1.1. When we transfer your personal data to Israel, we rely on the decision by the European Commission that says that those countries are considered to provide an adequate level of data protection.
6.1.2. Where we transfer your personal data to other countries, we (i) take additional security measures to protect the data and (ii) use specific contracts approved by the European Commission, known as the Standard Contractual Clauses, to give your personal data the same protection it has in the EEA.
6.1.3. Please contact us at legal@sparkstudio.app if you would like further information on the specific mechanism used by us when transferring your Personal Data out of the EEA.
7. Security. The security of your personal data is our highest priority. We work hard to make sure that your personal data will be held securely and that it will not be shared or lost accidentally. However, it is impossible to guarantee absolute security. The security of your data also depends on the security of the devices you use and the way in which you protect your user IDs and passwords. The measures we take include:
7.1. Technical Measures. The electronic safeguards we employ to protect your personal data include secure servers, firewalls, and antivirus protections. We encrypt data in transit and at res using secure TLS protocols.
7.2. Access Control. We limit access to your personal data only to authorized personnel who have a need to know, including account managers, customer support staff, and software developers. We review these permissions regularly and revoke an employee's access immediately after his/her termination.
7.3. Internal Policies. We maintain and regularly review and update our privacy related and information security policies.
7.4. Personnel. We require employees to sign non-disclosure agreements according to applicable law and industry customary practice.
7.5. Database Backup. Our databases are backed up and verified regularly. Backups are encrypted and stored within the production environment to preserve their confidentiality and integrity.
8. Your Rights - How to Control Our Use of Your Personal Data. Depending on which laws apply, you have certain legal rights over your data. Below is some general information about rights that may apply to you but we recommend checking the law or consulting with a lawyer to understand what applies in your specific case. To exercise your rights, please contact us at legal@sparkstudio.app. If you want to exercise your rights regarding your personal data held by other controllers you can contact the applicable controller directly. We may ask for reasonable evidence to verify your identity before we can comply with any request.
8.1. Right of Access. You may have a right to know what personal data we collect about you. We may charge you with a fee to provide you with this information, if permitted by law. If we are unable to provide you with all the information you request, we will do our best to explain why. See Article 15 of the GDPR for more details, if your personal data is subject to GDPR.
8.2. Right to Correct Personal Data. You may request that we update, complete, correct or delete inaccurate, incomplete, or outdated Personal Data. See Article 16 of the GDPR for more details, if your personal data is subject to GDPR.
8.3. Deletion of Personal Data ("Right to Be Forgotten"). If you are located in the EU, you may have the right to request that we delete your personal data. Note that we cannot restore information once it has been deleted. Even after you ask us to delete your personal data, we may be allowed to keep certain data for specific purposes under applicable law. See Article 17 of the GDPR for more details, if your personal data is subject to GDPR.
8.4. Right to Restrict Processing. If you are located in the EU, you may have the right to ask us to stop processing your personal data. See Article 18 of the GDPR for more details, if your personal data is subject to GDPR.
8.5. Right to Data Portability. If you are located in the EU, you may have the right to request that we provide you with a copy of the personal data you provided to us in a structured, commonly-used, and machine-readable format. See Article 20 of the GDPR for more details, if your personal data is subject to GDPR.
8.6. Right to Object. If you are located in the EU, you may have the right object to certain processing activities. See Article 21 of the GDPR for more details, if your personal data is subject to GDPR.
8.7. Withdrawal of Consent. If we are processing your data based on your consent, you are always free to withdraw your consent, however, this won't affect processing we have done from before you withdrew your consent.
8.8. Right to Lodge a Complaint with Your Local Data Protection Authority. If you are located in the EU, you have the right to submit a complaint to the relevant data protection authority if you have any concerns about how we are processing your personal data, though we ask that as a courtesy you please attempt to resolve any issues with us first.
9. Data Retention.
9.1. We retain your personal data as long as necessary to fulfill each of the purposes we described above.
9.2. When deciding how long to store personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized access, the purposes for which the personal data was collected, as well as applicable legal requirements. Please note that we may delete information from our systems without notifying you first. Retention by any of our service providers or subcontractors may vary in accordance with each business's retention policy.
9.3. In some circumstances, we may store your personal data even after we're finished using it if required to do so by law (e.g. to fulfill tax or audit requirements), or to keep accurate records of our interactions in case there is a prospect of litigation relating to your personal data. In such cases, we will maintain the same security measures as described above.
9.4. Please contact us at legal@sparkstudio.app if you would like details about the retention periods for each type of personal data we process.
10. Cookies and Similar Technologies.
10.1. What are Cookies? A cookie is a small piece of text that is sent to your browser by a website you visit. This piece of text acts as a sort of tag, letting the website know that it's you (really, your device) that's visiting. There are other technologies that act similarly, like web beacons, pixel tags, and Device IDs for apps, but for simplicity's sake we'll refer to them all as "cookies".
10.2. Websites can place their own cookies (called "first-party cookies") but can also place cookies from other sites (called "third-party cookies"). If your browser holds both first and third-party cookies for a given website, both the website and the third party are notified when you visit the site. We may place both first and third-party cookies on our site, platform and/or Services.
10.3. How We Use Cookies. While the specific names and types of cookies we use may change from time to time, they generally fall into one of the categories listed below.
Cookie Type
Function
Necessary
These cookies allow the site, Services and/or platform to work correctly. They enable your access to the site/platform, move around, and access different services, features, and tools. These cookies cannot be disabled.
Functionality
These cookies remember your settings, preferences, and other choices you make (like placing an item in a shopping cart) in order to help personalize and streamline your experience.
Security
These cookies help us identify and prevent security risks. They may be used to store your session information to prevent others from changing your password without your login information.
Performance/Analytics
These cookies collect analytical information to help us understand how you use our site, Services and/or platform, for example whether you have viewed messages, clicked on links, and how long you spent on each page. This helps us improve our site, Services and/or platform to better suit your needs.
Advertising
These cookies help advertisers show you ads. When we place advertising cookies, they help us track the efficiency of our advertising campaigns. Advertising cookies may track your browsing habits and activity when visiting our site, Services and/or platform and those of third parties and help us serve ads that are relevant and meaningful to you and your interests.
Third Party Cookies. In addition to our first-party cookies, we may place certain third party
10.4. How to Adjust Your Preferences. Most web browsers are initially configured to accept cookies, but you can change the settings so your browser refuses all cookies or certain types of cookies. In addition, you are free to delete any existing cookies at any time. Please note that some features of the Services may not function properly when cookies are disabled or removed. For example, if you delete cookies that store your account information or preferences, you will be required to input these each time you visit.
10.5. By changing your device settings, you can prevent your device's ad identifier being used for interest-based advertising, or you can reset your device's ad identifier. This means that you won't be shown ads that relate to your browsing activities. Typically, you can find the ad identifier settings under "privacy" or "ads" in your device's settings, although settings may vary from device to device. Adjusting your preferences does not mean you will no longer receive ads, it only means the ads that you do see can be less relevant to your interests.
11. Third-Party Services. You may have access to third-party services through our Services. Please note that all use of third-party services is at your own risk and subject to such third party's terms and privacy policies. We do not take any responsibility for the performance of other services.
12. Children. We do not knowingly collect personal data from children under the age of sixteen (16). In the event that you become aware that an individual under the age of sixteen (16) has registered without parental permission, please advise us immediately.