Privacy Policy

Privacy Policy For Sleep Spark

This Privacy Policy describes how Sleep Spark Inc. collects, processes, uses, and discloses information about You when You access or use Our mobile application or website, when You interact with Us on social media, or when You contact Our team for customer support. We also inform You about Your privacy rights and how the law protects You. This Privacy Policy is effective as of February 20, 2024.

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

Account- a unique account created for You to access Our Service or parts of Our Service.
Affiliate- an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Application- the software program provided by the Company downloaded by You on any electronic device, named Sleep Spark.
Business, for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects Consumers' personal information and determines the purposes and means of the processing of Consumers' personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers' personal information, that does business in the State of California.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Sleep Spark, Inc. 300 Delaware Ave. Suite 210, Wilmington, Delaware, 19801, USA.

For the purpose of the GDPR, the Company is the Data Controller.

Consumer, for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your end device used and Your browsing history on that website among its many uses which are, upon reconnection, sent back to the cookie-setting web server with the aim of recognizing a returning user and their settings. Certain features of Our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on Our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read "Where can I change the settings for disabling, or deleting local shared objects?" available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
Country refers to: Delaware, United States
Data Controller, for the purposes of the GDPR (General Data Protection Regulation) (Art. 14 (7) GDPR), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data. You can reach Us at: contactus@sleep-spark.com or at Our postal address marking any correspondence with a reference to “Data Protection”.
Device- any device that can access the Service such as a computer, a cell phone or a digital tablet.
Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
Facebook Fan Page is a public profile named Sleep Spark App specifically created by the Company on the Facebook social network, accessible from https://facebook.com/SleepSparkApp/
Personal Data is any information that relates to an identified or identifiable individual.

For the purposes for GDPR, Personal Data means any information concerning an identified or identifiable natural person (“Data Subject”). An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.

Sale, for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer's personal information to another business or a third party for monetary or other valuable consideration.
Service refers to the Application or the Website or both.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.
Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website refers to Sleep Spark, accessible from https://sleep-spark.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User as You are the individual using the Service.

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to: Name, age, email address, phone number, usage data.

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address, browser type, browser version, the pages of Our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit Our Service or when You access the Service by or through a mobile device.

Information from Third-Party Social Media Services

The Company allows You to create an account and log in to use the Service through the following Third-party Social Media Services: Google, Facebook, and Twitter.

If You decide to register through or otherwise grant Us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service's account, such as Your name, Your email address, Your activities or Your contact list associated with that account.

You may also have the option of sharing additional information with the Company through Your Third-Party Social Media Service's account. If You choose to provide such information and Personal Data, during registration or otherwise, You are giving the Company permission to use, share, and store it in a manner consistent with this Privacy Policy.

Tracking Technologies and Cookies

When You use Our website, open Our emails or use Our Service online, We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information, independent of whether You are registered with Us, have subscribed to Our Service or not. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include Cookies or Browser Cookies, Flash Cookies, Web Beacons, Necessary / Essential Cookies, Cookies Policy / Notice Acceptance Cookies, Functionality Cookies, Tracking and Performance Cookies,Targeting and Advertising Cookies

You will find detailed information on third party targeting and advertising cookies and functionalities We use in the section Advertising below.

Use of Your Personal Data

The Company may use Personal Data for the following purposes: to provide and maintain Our Service, to confirm that You are 18 years or older or the age of majority, to manage Your Account, For the performance of a contract, to contact You, to manage Your requests, for business transfers, for other purposes:

We may share Your personal information in the following situations: with Service Providers, for business transfers, with Affiliates, with business partners, with other users, with Your consent.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with Our legal obligations (for example, if We are required to retain Your data to comply with applicable laws), resolve disputes, and enforce Our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — servers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

The Company will take reasonable steps to ensure that Your data is treated securely and in accordance with this Privacy Policy. No transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Recipients of Personal Data:

In some cases We engage external service providers to process Your data. Contractual agreements for specific-purpose third-party data processing exist with the following service providers.

Amazon Web Services, Inc. 410 Terry Avenue North Seattle WA 98109, USA (web hosting, tracking and monitoring the use of Our Service). You can find the respective privacy policy here: https://aws.amazon.com/privacy/
Google Analytics (Google, Inc.), 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (web analysis). You can find the respective privacy policy here: https://policies.google.com/privacy

For the purposes of the GDPR: These services providers (as recipients according to the definition in Art. 4 No. 8 GDPR) process Personal Data as third-party-Processors in compliance with the provisions of Art. 28 GDPR.

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to comply with a legal obligation, protect and defend the rights or property of the Company, prevent or investigate possible wrongdoing in connection with the Service, protect the personal safety of Users of the Service or the public, protect against legal liability.

GDPR Privacy

If you are located in the European Union, you have rights under the General Data Protection Regulation to be informed that:

You have the right to ask us not to process your personal information. You can exercise that right by contacting us through one of the methods listed at the end of this Privacy Policy.

You have the right to access the data that is held about you.

You have the right to have your data corrected or amended.

You have the right to ask for your personal data to be deleted.

You have the right to restrict the processing of your data.

You have the right to the portability of your data.

You have the right to object to further processing of your data which is inconsistent with the primary purpose for which it was collected.

Security of Your Personal Data

The security of Your Personal Data is important to Us, but no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its security. We rely on the encryption and security features of Our web app hosting service provider, AWS which is accessible from:

https://aws.amazon.com/security/

Your Rights under the CCPA

The CCPA provides California residents with specific rights regarding their personal information. If You are a resident of California, You have the following rights:

The right to notice, the right to request, the right to say no to the sale of Personal Data (opt-out), the right to delete Personal Data

Exercising Your CCPA Data Protection Rights

In order to exercise any of Your rights under the CCPA, and if You are a California resident, You can contact us via email, or by mail at Spark Spark, Inc., 300 Delaware Ave. Suite 210, Wilmington, Delaware, 19801, USA.

Only You, or a person registered with the California Secretary of State that You authorize to act on Your behalf, may make a verifiable request related to Your personal information.

Your request to Us must provide sufficient identification, and describe Your request with sufficient detail that allows Us to properly understand, evaluate, and respond to it. We cannot respond to Your request or provide You with the required information if We cannot verify Your identity or authority to make the request, and confirm that the personal information relates to You. We will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice. Any disclosures We provide will only cover the 12-month period preceding the verifiable request's receipt.

For data portability requests, We will select a format to provide Your personal information that is readily useable and should allow You to transmit the information from one entity to another entity without hindrance.

Under California Civil Code Section 1798, California residents with an established business relationship with Us can request information once a year about sharing their Personal Data with third parties for the third parties' direct marketing purposes

Categories of Personal Information Collected

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following is a list of categories of personal information which We may collect or may have been collected from California residents within the last twelve (12) months:

Identintifiers, Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), commercial information, internet or other similar network activity.

Please note that the categories provided are those defined in the CCPA. This does not mean that all examples of that category of personal information were collected by Us, but reflects Our good faith belief that, to the best of Our knowledge some of that information from the applicable category may be and may have been collected.

Under CCPA, personal information does not include:

Publicly available information from government records
Deidentified or aggregated consumer information

Information excluded from the CCPA's scope, such as: health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data, and Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

Sources of Personal Information

We obtain the categories of personal information listed above from the following categories of sources: Directly from You, Indirectly from You, Automatically from You, From Service Providers.

Use of Personal Information for Business Purposes or Commercial Purposes

We may use or disclose personal information We collect for "business purposes" or "commercial purposes" (as defined under the CCPA), which may include, but are not limited to: To operate Our Service and provide You with Our Service, To provide You with support and to respond to Your inquiries, including to investigate and address Your concerns and monitor and improve Our Service, To fulfill or meet the reason You provided the information, To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations, As described to You when collecting Your personal information or as otherwise set forth in the CCPA, For internal administrative and auditing purposes, To detect security incidents and protect against malicious, deceptive, fraudulent or illegal activity, including, when necessary, to prosecute those responsible for such activities.

For more details on how We use this information, please refer to the "Use of Your Personal Data" section.

If We decide to collect additional categories of personal information or use the personal information We collected for materially different, unrelated, or incompatible purposes We will update this Privacy Policy.

Disclosure of Personal Information for Business Purposes or Commercial Purposes

We may use or disclose, and may have used or disclosed in the last twelve (12) months, the following categories of personal information for business or commercial purposes:

Identifiers, Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), Commercial information, Internet or other similar network activity.

Please note that the categories listed above are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact disclosed, but reflects Our good faith belief to the best of Our knowledge that some of that information from the applicable category may be and may have been disclosed.

When We disclose personal information for a business purpose or a commercial purpose, We enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

Sale of Personal Information ‘

We do not sell Your personal information to any third parties, and comply with all CCPA regulations.

Share of Personal Information

We may share Your personal information identified in the above categories with the following categories of third parties- Service Providers, payment processors, affiliates, business partners, and third party vendors to whom You or Your agents authorize Us to disclose Your personal information in connection with products or services We provide to You,

Share of Personal Information of Minors Under 18 Years of Age

We do not knowingly collect personally identifiable information from children under 18 years of age. Our website is not intended for those under 18 years of age, or local age of majority.

If You have reason to believe that a child under the age of 18 has provided Us with personal information, please contact Us with sufficient detail to enable Us to delete that information.

Do Not Sell My Personal Information

You have the right to opt-out of the sale of Your personal information. Once We receive and confirm a verifiable consumer request from You, We will stop selling Your personal information. To exercise Your right to opt-out, please contact Us.

The Service Providers We partner with may use technology on the Service that sells personal information as defined by the CCPA law. If You wish to opt out of the use of Your personal information, You may do so by following the instructions below.

Please note that any opt out is specific to the browser You use. You may need to opt out on every browser that You use.

Website

You can opt out of receiving ads that are personalized as served by Our Service Providers by following Our instructions presented on the Service:

The NAI's opt-out platform: http://www.networkadvertising.org/choices/
The EDAA's opt-out platform http://www.Youronlinechoices.com/
The DAA's opt-out platform: http://optout.aboutads.info/?c=2&lang=EN

"Do Not Track" Policy as Required by California Online Privacy Protection Act (CalOPPA)

Our Service does not respond to Do Not Track signals.

Children's Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 18. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 18 without verification of parental consent, We take steps to remove that information from Our servers.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Changes to this Privacy Policy

We will notify You of any changes by posting the new Privacy Policy on Our website. We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the bottom of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If You have any questions about this Privacy Policy, You can contact Us:

Sleep Spark, Inc.

300 Delaware Ave. Suite 210,

Wilmington, Delaware, 19801, USA.

contactus@sleep-spark.com

https://sleep-spark.com

This Privacy Policy was last updated on February 20, 2024.