Privacy Policy
Last updated: 10-30-23
Effective date: 10-30-23
Welcome to Sparkly’s Privacy Policy (this “Policy”). Sparkly is provided and controlled by PassionWaves Limited (“Sparkly”, "we”, “us”, or “our”). We are committed to protecting and respecting your privacy.
It is important to note that this Policy applies to websites, apps, events, and other services operated by Sparkly (together, the “Service”). However, it does not apply to services provided to you by other third parties. In case you receive links, contents, products, or services provided by third parties, please choose carefully whether to access them. We encourage you to carefully review privacy policies of any third parties you access before submitting any personal information.
We have chosen to use plain language to make sure that you fully understand this Policy and make your own choices. If you do not agree with this policy, you should not use the Service.
1. Information We Collect
2. Legal Basis and How We Use Information
3. How We Share Information
4. Cross-Border Data Transfers
5. Your Rights
6. How We Protect Your Information
7. How Long We Retain Your Information
8. Children's Privacy
9. Changes To This Policy
10. How To Contact Us
11. Supplemental Terms – Jurisdiction-Specific Addenda
1. Information We Collect
We collect information when you create an account or use the Service. We also collect information you share with us from third-party social network providers, and technical and behavioral information about your use of the Service. We also collect information contained in the messages you send through the Service and, if you grant us access, information from your phone book on your mobile device. More information about the categories and sources of information is provided below.
Information you give us
You choose to give us certain information when using the Service. This includes:
• Account Registration information
When you download Sparkly and create an account, we may collect certain information about you, such as:
￮ Nickname;
￮ Avatar;
￮ Phone number;
￮ Login information for third-party accounts that you connect to Sparkly account (for example, your Google, Facebook, or Apple ID).
Once you register, you will be able to review and change this information at any time just by logging in to Sparkly. It is your responsibility to ensure that your account details are kept up to date.
• Profile information
When you complete the information, you have the option to share more information about you, such as age, gender identity, date of birth, location, sexual orientation, type of preference, height, weight, and profile image. We recommend and encourage you to think carefully about the information you disclose about yourself. Your profile information will be publicly viewable by others unless you delete your account. To add certain content, like pictures, you may allow us to access your camera or photo album.
• Shared content
This may include comments, photos, videos, and other content. (for example, to use as your avatar image) Such shared content may be publicly viewable by others depending on where it is posted. You may remove your photo(s) and other content at any time by going to your account, selecting your content, and deleting content. Please note that you may not upload content about another individual unless you have their express permission to do so.
• Payment and Purchase Information
If you make any purchases from Sparkly, we will need to process your payment and purchase information. The exact personal information collected and used will vary depending on the payment method. It will include information such as: User ID, payment card numbers where required for the purpose of payment, and details of your purchase and payment history.
• Other Information
If you contact our customer care team, we collect the information you give us during the interaction. Sometimes, we monitor or record these interactions for training purposes and to ensure a high quality of service.
Information we receive from others
We may receive information about you from others, including:
• Other Users of our Service. Sometimes other users of the Service may provide us information about you, including through customer service inquiries.
• Third-Party Services. We may collect information about you from third-party services, such as advertising partners, data providers, and analytics providers.
Information we collect automatically
We, or authorized third parties, automatically collect certain information from you when you use the Service, even if you do not have an account. See below for more details:
• Usage Information
We collect information about your activity on the Service, for instance how you use them (e.g., date and time you logged in, features you’ve been using, searches, clicks) and how you interact with other users (e.g., users you connect and interact with, time and date of your exchanges, number of messages you send and receive).
• Device information
We collect certain information about the device you use to access the Service, such as the unique device identifier, your IP address, Mac address, user agent, mobile carrier, time zone settings, model of your device, the device system, system language, network type, device IDs, your screen resolution and operating system, app and file names and types, audio settings and connected audio devices.
We also may collect information about your device to diagnose application performance, including battery life, load time, latency time, frame rate or technical diagnostic information.
• Messages
We collect and process, which includes scanning and analyzing, information you provide when you compose, send, or receive messages through the Service’s messaging functionality. That information includes the content of the message and information about when the message has been sent, received and/or read, as well as the participants of the communication.
We encourage you not to post any sensitive information when composing and sending messages.
• Other information with your consent
We may collect other information with your permission, such as photos and videos (for instance, if you want to publish a photo or video or participate the Service).
Cookies and other similar technologies
Cookies are small text files that are stored on your mobile device by us to ensure that the Service’s normal operation and your convenient access to it. Cookies usually contain identifiers, site names, and some numbers and characters. Our websites, online services, interactive applications, email, and other services may use Cookies and other similar technologies. We generally treat information collected by Cookies and similar technologies as non-personal information as they do not contain any of your personally identifiable information. However, to the extent that Internet Protocol (IP) addresses, or similar identifiers are considered personal information by the laws of the countries concerned, we will also follow the laws of the countries concerned.
We and our partners use Cookies or similar tracking technologies to better understand the use of mobile application on your device, to understand how often you use the Service, events that occur within the app, cumulative usage, performance data, and where the app is downloaded from; we and our partners use Cookies or similar tracking technologies to analyze trends, administer the site, track user behavior on the site, and collect demographic information about our user base as a whole. For example: we may cooperate with third parties to display ads on our websites or to manage our ads on other websites. Our third-party partners may use Cookies or similar tracking technologies to show you ads based on your browsing history and interests.
We will not use cookies for any purpose other than those stated in this Policy. You can manage or delete Cookies according to your preferences. You can also clear all the Cookies saved on your mobile device through the “Setting” option in this application, or you can choose not to be tracked and opt out ads based on interests (if any) by deleting all Cookies or resetting the mobile end device (clearing the content and data).
2. Legal Basis and How We Use Information
We may only use your information when we have justifications (each called a "legal basis") under data protection law. To process your information as described in this Privacy Policy, we rely on the following legal bases involve contractual necessity, legitimate interests, consent, compliance with applicable laws and regulations.
Contractual necessity
• To process your payment and refund;
• Offer you the Service;
• Enable our messenger service to function if you choose to use this function;
• Ensure that you are old enough to use the Service;
• Enforce our Terms of Uses;
Legitimate interests
To pursue our legitimate interests (or those of a third party) as we deem fit and necessary, where your interests and fundamental rights do not override those legitimate interests of ours (or ang third party’s), such as:
• Contact you with information about Sparkly (e.g., updates and new features);
• Conduct research and analytics about how you use and interact with Sparkly;
• Collect debts, prevent fraud, and protect the integrity of the Service;
• Protect our legal rights;
• Protect our users and third parties from harm;
• Store, host, back up (whether for disaster recovery or otherwise) your personal information.
• Resolve disputes, troubleshoot problems;
• To respond to complaints, hearings, arbitrations, lawsuits or other governmental or regulatory proceedings.
Consent
• Personalize the Service and the content we deliver to you;
• Compliance with applicable laws and regulations
• Comply with or as required by any applicable law, governmental or regulatory requirements of any jurisdiction applicable to us or our related corporations;
3. How We Share Information
We uphold the principles of minimization, necessity, and legality to carry share your information. We share your data with the following selected third parties:
• Affiliated Companies
To provide you with timely services, your personal information may be shared with our affiliated companies. We will only share your information within our affiliated companies for legitimate and explicit purposes, and only share the information necessary to provide the services, and are bound by the purposes stated in this Policy. If a purpose concerned is not included in this Policy, we will state it in the corresponding notice of the specific service.
• Service Providers
We may share the necessary personal information with authorized third-party partners (including technical service providers, data storage service providers, marketing promotion service providers, third-party SDK service providers, etc.) for the performance of certain features or to provide you with better service and a better user experience.
• Analytics providers
We use analytics providers to help us in the optimization and improvement of the Platform. Our third-party analytics providers also help us serve targeted adverts
To provide evaluation, analysis or other business services, we may also share your non-personal information with third parties. For example, we may use aggregated data to partners (e.g., advertising service providers) understand the effectiveness, feedback, and usage trends of their services.
• Public Profiles
Please note that if your profile is public, your content will be visible to anyone on Sparkly and may also be accessed or shared by others.
• Other Situations
In the event of a merger, acquisition or bankruptcy liquidation, asset transfer and other related transaction, if a personal information transfer is involved, we will require the new entity or organization holding your personal information to continue to be bound by this Policy through an agreement or other appropriate measures, and we will require such subject to take confidentiality and security measures of a degree no less than the requirements of this Policy to process personal information.
4. Cross-Border Data Transfers
Currently, Sparkly will store your personal information on a server located in the USA.
For the purposes described in this Policy, and to the extent permitted by applicable local laws and regulations and with your authorized consent, we may transfer your personal information to the resources or servers for storage or processing, we may also transfer your personal information to third-party service providers and business partners and your data may therefore also be transmitted to other countries or regions. The privacy protection laws of these countries or regions may be different, and the jurisdiction in which these global resources or servers are located may or may not protect personal information to the same standards as in your jurisdiction. However, we will still strive to comply with this Policy to protect your personal information, and we will follow the legal requirements of the country or region where the personal information is located to carry out the corresponding cross-border transfer and other processing of personal information.
Where we transfer personal information outside of your jurisdiction, whether it transferred to our affiliates or third-party service providers, we will comply with relevant applicable laws. We will take appropriate security measures and safeguards to make sure that all such transfers meet the requirements of applicable local data protection laws. If you want more information relating to the security measures and safeguards, please contact us.
5. Your Rights
The following options and tools available to you：
a. Access and rectification tools in the Service. Tools and account settings can help you access, rectify or remove information that you provided to us and that’s associated with your account directly within the Service.
b. Device permissions. Mobile platforms can have permission systems for specific types of device data and notifications. You can change your settings on your device to either consent or oppose the collection or processing of the corresponding information or the display of the corresponding notifications.
c. Uninstall. You can stop all information collection by uninstalling Sparkly App. Remember that uninstalling an app does NOT close your account.
d. Account closure. You can close your account by using the corresponding functionality directly on the Service.
Privacy laws applicable in your country may give you the following rights:
e. Right to be informed: what personal information an organization is processing and why (we provide this information to you in this Policy).
f. Right of access: you can request a copy of your data.
g. Right of rectification: if the data held is inaccurate, you have the right to have it corrected.
h. Right to erasure: you have the right to have your data deleted in certain circumstances.
i. Right to restrict processing: in limited circumstances, you have the right to request that processing is stopped but the data retained.
j. Right to data portability: you can request a copy of certain data in a machine-readable form that can be transferred to another provider.
k. Right to object: in certain circumstances (including where data is processed based on legitimate interests or for the purposes of marketing) you may object to that processing.
l. Rights related to automated decision-making including profiling: there are several rights in this area where processing carried out on a solely automated basis results in a decision which has legal or significant effects for the individual. In these circumstances your rights include the right to ensure that there is human intervention in the decision-making process.
The particular rights which are applicable to you (which might include other rights not listed above) may vary depending on your country. You should make yourself aware of the rights you have under applicable privacy laws in your country.
You can access and edit most of your profile information by signing into Sparkly, and if you want to exercise any of your rights listed above, you can also contact our Data Protection Officer. For your protection and the protection of all of our users, we may need to request specific information from you to help us confirm your identity before we can answer the above requests.
If you feel we have not resolved your concern, you have the right to lodge a complaint with your local privacy or data protection regulator.
6. How We Protect Your Information
We will take other necessary measures to protect the security of your personal information and prevent data from being misused, unauthorized access, and unauthorized modification, disclosure, or destruction, etc.
We implement security safeguards designed to protect your personal information and regularly monitor our systems for possible vulnerabilities and attacks, and we use administrative, technical, and physical safeguards to protect your personal information. We are constantly working to improve on these safeguards to keep your personal information secure.
Nevertheless, we need to remind you that no matter how perfect the measures are, there is no absolute guarantee of avoiding the occurrence of data storage security incidents. If a data breach event occurs, we will report it to the corresponding regulatory authorities as required by the relevant laws and regulations, and provide the type of personal information involved in the breach, the number of data subjects, the possible consequences of the breach, and the remedial measures we intend to take according to the requirements of the regulatory authorities. We will take the best possible measures to remedy or mitigate the damage and consequences of data breach. When permitted or required by laws and regulations, we will inform you of the possible consequences or significant damage to you in a timely manner, so that you can take appropriate measures promptly to protect your rights as much as possible.
There is no absolutely safe website, Internet transmission, computer system and wireless connections. In addition to the necessary protective measures we have taken, users must strengthen the awareness of privacy security risks. For example, when you access third-party websites, links, products or services from the Service, for the security of any data collected by those websites, links, products or services, please read through the Terms & Conditions of those third parties carefully. We do not take any legal responsibility for data security issues caused by such third parties. If you find that certain contents, advertisements or features in our websites, products or services may be provided by a third party and may possibly endanger your privacy and security, please contact us promptly, as we will handle it with priority in accordance with laws and regulations.
7. How Long We Retain Your Information
We keep your personal information only as long as it is necessary to provide you with the service so that we can fulfill our contractual obligations and exercise our rights in relation to the information involved. Where we do not need your information to provide the service to you, we retain it only for so long as we have a legitimate business purpose in keeping such data.
When your account is canceled by yourself, we take reasonable efforts to make sure it is no longer viewable on the Service, and we will delete your personal information from our systems. We will also delete personal information that relates to the in-app messaging function after you cancelling your user account. Please note that messages sent to other users of our service are stored on their devices and cannot be deleted by us.
In each case, there are also occasions where we may need to keep your data for longer in accordance with our legal obligations or where it is necessary for legal claims. Even though our systems are designed to carry out data deletion processes according to the above guidelines, we cannot promise that all data will be deleted within a specific timeframe due to technical constraints.
After you have terminated your use of Sparkly, we store your information in an aggregated and anonymised format.
8. Children's Privacy
The Service are restricted to users who are under age of 18 or the equivalent age as specified by law in your jurisdiction (In certain cases this age may be higher due to local regulatory requirements, please see your local privacy policy for more information). We do not knowingly collect any information about or market to children, minors, or anyone under the age of 18 or the equivalent age as specified by law in your jurisdiction. If you are less than 18 years old or the equivalent age as specified by law in your jurisdiction, we request that you do not submit information to us. If we become aware that a child, minor or anyone under the age of 18 or the equivalent age as specified by law in your jurisdiction has registered with us and provided us with personal information, we will take steps to terminate that person’s registration.
9. Changes To This Policy
We reserve the right to update or modify this Policy from time to time to reflect the changes in our business, technology and applicable law and practice. In case of any modification of this Policy, we will notify you of the latest Policy here (this webpage), or by posting it on our official website or sending you separate notifications. Please pay attention to this website and the notifications we send to you for the latest updates of this Privacy Policy. Although this Privacy Policy may be modified, your rights under this Policy will not be diminished without your explicit consent.
We will ask for your explicit consent again in accordance with applicable laws before we collect additional personal information from you or when we use or disclose your personal information for new purposes. Your continued use of the Service on website, mobile and/or any other device constitutes your agreement to the updated Privacy Policy.
10. How to Contact Us
If you have any comments, questions, or concerns with respect to our Privacy Policy or practices of personal information protection, please contact us via: support@sparkly-app.com
Mailing address: Unit D3, 11/F, Luk Hop Industrial Building, No.8 Luk Hop Street, San Po Kong, Kowloon,HK
We will review your requests as soon as possible and respond to you in 15-30 days after verifying your user identity. If your request involves any complicated or significant issue, we may ask you for more information.