This online Privacy Policy (the "Policy") describes how SPARC ("SPARC," "we," "us," or "our") collect, use, disclose, and secure the personal information we gather about you through our website https://www.sparc-sports.com/ (the "Site"), our related mobile application, and when you otherwise interact with us (collectively, the "Services").
For purposes of this Policy, "personal information" means data that classifies as personal information, personal data, personally identifiable information, or similar terms under applicable data privacy and security laws and regulations. It does not include data excluded or exempted from those laws and regulations, such as aggregated, anonymized, or deidentified data. Nothing in this Policy will constitute an admission or evidence that any particular data privacy or information security law or regulation applies to SPARC generally or in any specific context.
In providing our Services, SPARC may collect personal information on behalf and as a service provider for third parties. This Policy does not govern any information we collect on behalf of third parties, and you should consult their privacy policies to become familiar with their data practices.
By accessing, browsing, downloading, or otherwise using the Services, you confirm that you have read, understood, and agreed with this Policy. Beyond this Policy, your use of the Services is subject to our Terms of Use. If you do not agree to this Policy or our Terms of Use, you may not use the Services.
This Policy and the Terms of Use apply regardless of how the Services are accessed and will cover any technologies or devices by which we make the Services available to you.
If you have any questions or concerns about our personal information policies or practices, you can contact us in the methods described in the "Contact Us" section of this Policy.
We collect information you voluntarily provide directly to us, information that we collect automatically when you interact with the Services, and information collected from third parties. The categories of personal information that we collect and the purposes for which we collect that information are described below.
The following list describes the categories of personal information we may collect directly from you:
We collect name, phone number, address, email, login credential, and password when you sign up for certain Services that require an account, such as our rewards program. We use this information for the following purposes: providing the Services, administrative purposes, and marketing and advertising our products and services.
We may collect mental health and wellness information in connection with your use of the Services. For example, we may collect information related to mental performance training exercises you complete. We use this information to provide the Services and for administrative purposes. For more information about our collection of health information, please see our separate Washington and Nevada Consumer Health Privacy Policy.
We may collect first name, last name, mailing address, phone number, and email address when you request information from us. We use this information to provide the Services, for administrative purposes, and to market and advertise our products and services.
We, or a payment processor acting on our behalf, collect name, billing address, phone number, debit or credit card information, purchase history, or other payment processing information when you make a purchase through the Services. We use this information to provide the Services and for administrative purposes.
We collect the responses you provide to us when you respond to surveys or any requests for feedback that we send. We use this information for administrative purposes and to market and advertise our products and services.
We collect information that you post or share with us when you interact with our social media pages. Please note that your comments will be visible to the public, so you should never share personal information that you would like to keep private. We use this information for administrative purposes and to market and advertise our products and services.
We collect your phone number and other related information you provide us when you provide consent to receive SMS marketing messages from us. We collect this information when you opt-in to receive text messages from us. We use this information to provide the Services, for administrative purposes, and to market and advertise our products and services.
To the extent not already included by the other categories above, we collect information in any content you upload, comment, or otherwise submit on the Services, including when you use the journaling feature of the Services. We collect this information when you provide it or submit it to us through any forms or pages maintained by us or on our behalf. We use this information to provide the Services and for administrative purposes.
For additional detail regarding how we use your personal information, please see the "How We Use Personal Information" section of this Policy below.
Cookies are small files created by websites, including our Services, that reside on your computer's hard drive and that store information about your use of particular websites. When you access our Services, we use cookies and other tracking technologies to:
• Estimate our audience size and usage patterns;
• Store information about your preferences, allowing us to customize our Services according to your individual needs;
• Contact you to provide you with information or services that you request from us;
• Advertise new content, events, and services that relate to your interests;
• Provide you with more personalized content that is most relevant to your interest areas; and
• Recognize when you return to our Services.
We may send one or more cookies to your computer or other device. We set some cookies ourselves, and others are set by third parties. We may also use other similar technologies such as tracking pixels, tags, or similar tools when you visit our Services. These technologies can collect data regarding your operating system, browser type, device type, screen resolution, IP address, and other technical information, as well as navigation events and session information as you interact with our Services. This information allows us to understand how you use the Services.
Some cookies operate from the time you visit the Services until the end of that particular browsing session. These cookies, which are called "session cookies," expire and are automatically deleted when you close your Internet browser.
Some cookies will stay on your device between browsing sessions and will not expire or automatically delete when you close your Internet browser. These cookies are called "persistent cookies" and the length of time they will remain on your device will vary from cookie to cookie. Persistent cookies are used for a number of purposes, such as storing your preferences so that they are available for your next visit and to keep a more accurate account of how often you visit the Services, how your use of the Services may change over time, and the effectiveness of advertising efforts.
You can manage your cookies preference as described in the "Your Privacy Options and Configurations" section of this Policy.
We use personal information we collect for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services, as described in further detail below.
We use your information to fulfill our contract with you and provide you with our Services, such as:
• Providing performance metrics and personalized coaching through the Services;
• Managing your information and accounts;
• Providing access to certain areas, functionalities, and features of our Services;
• Answering requests for customer or technical support;
• Communicating with you about your account, activities on our Services, and policy changes;
• Processing your financial information and other payment methods for products or Services purchased or used;
• Processing applications if you apply for a job we post on our Services; and
• Allowing you to register for events and promotions.
We use your information for various administrative purposes, such as:
• Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;
• Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
• Measuring interest and engagement in our Services;
• Improving, upgrading, or enhancing our Services;
• Developing new products and services;
• Ensuring internal quality control and safety;
• Authenticating and verifying individual identities, including requests to exercise your rights under this Policy;
• Debugging to identify and repair errors with our Services;
• Auditing relating to interactions, transactions, and other compliance activities;
• Sharing personal information with third parties as needed to provide the Services;
• Enforcing our agreements and policies; and
• Carrying out activities that are required to comply with our legal obligations.
We may use personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law. Some of the ways we market to you include email campaigns, custom audiences advertising, and "interest-based" or "personalized advertising," including through cross-device tracking.
If you have any questions about our marketing practices, you may contact us at any time as set forth in the "Contact Us" section below.
We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.
We may disclose the personal information we collect:
We may disclose personal information to our business partners and affiliates; advisors such as legal advisors and financial advisors; related entities, parent companies, investors, subsidiaries, joint ventures, or other companies under common control; and/or other similar third parties.
We reserve the right to disclose your personal information to third parties as part of any potential business or asset sale, merger, acquisition, investment, round of funding, or similar type of transaction. Additionally, if we are entering into a corporate transaction with a third party, we may receive personal information in connection with the diligence. If we close a transaction, the third party may transfer personal information, which we would use as described in this Policy.
In the event of bankruptcy, insolvency, or dissolution proceedings, we may disclose your personal information with third parties as part of the sale or reorganization process.
We use service providers to perform various functions on our behalf. We may also receive personal information from service providers.
We may use certain cookies or pixels that collect personal information so that it can be used in connection with the marketing efforts of third parties. In those instances, your personal information may be used for third parties to serve unsolicited information, services, or products to you.
Subject to your approval, we may share certain information you provide us with your coach or trainer.
We may access, preserve, and disclose your information if we believe doing so is required or appropriate to: (a) comply with regulatory, administrative, or law enforcement requests and legal process, such as a court order or subpoena, or the requests of governmental or regulatory agencies (whether domestic or foreign); (b) respond to your requests, the requests of others, or to lessen the burden of anticipated or formal legal requests; or (c) protect your, our, or others' rights, property or safety. For the avoidance of doubt, the disclosure of your information may occur if you post any objectionable content on or through the Services.
Depending on the device(s) you use to access the Services, you may be able to select certain privacy choices or configuration, which are further described below:
If you create an account through our mobile application, you may request the deletion of your account. To delete your account, please visit the mobile application's settings page or contact us as set forth in the "Contact Us" section below. Please note that account deletion requests may be subject to certain exceptions, including but not limited to:
• When retaining your account is necessary to provide an ongoing service that you have requested or subscribed to; or
• When we are required to retain certain information to comply with legal, regulatory, or contractual obligations, including but not limited to record-keeping, dispute resolution, or enforcing our Terms of Use.
If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding our Services or updates to our Terms of Use or this Policy).
We may send you push notifications through our mobile application. You may opt out from receiving these push notifications by changing the settings on your mobile device.
If you have previously opted-in to receive text messages from us, you may unsubscribe from these messages at any time by following the instructions in the text message, or by replying to the message with the word "STOP".
Do Not Track ("DNT") is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals.
You may stop or restrict the placement of cookies and tracking technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, our Services may not work properly. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt out of personalized advertisements on some mobile applications by following the instructions provided by Android or iOS. You can find out more about cookies and how to manage them by visiting https://consumer.ftc.gov/articles/how-websites-apps-collect-use-your-information.
We process personal information on our servers in the United States and may do so in other countries. If you use our Services or otherwise provide us with personal information from outside of the United States, you expressly consent to the transfer of your data to the United States, the processing of your data in the United States, and the storage of your data in the United States. If we transfer personal information subject to cross-border transfer obligations, we will use an appropriate safeguard.
We determine how long to retain your personal information by taking into account various criteria, such as the type of Services provided to you, the nature and length of our relationship with you, possible re-enrollment with our Services, the impact on our Services we provide to you if we delete some information from or about you, and our obligations under applicable law.
We will retain your personal information until the personal information is no longer necessary to accomplish the purpose for which it was provided. We may retain your personal information for longer periods for specific purposes to the extent that we are obliged to do so in accordance with applicable laws and regulations, to protect you, other people, and us from fraud, abuse, an unauthorized access, as necessary to protect our legal rights, or for certain business requirements.
We will delete your personal information when it is no longer necessary for the purpose for which it was collected, or upon your request, subject to exceptions as discussed in this Policy or under applicable law, contract, or regulation.
The security of your personal information is important to us. We take various reasonable organizational, administrative, and technical measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. If required by law to do so, we will notify you and/or the relevant supervisory authority in the event of a data breach.
However, we cannot and do not guarantee complete security, as it does not exist on the internet.
Our Services may contain links to third-party websites. When we provide links, we do so only as a convenience, and we are not responsible for any content of any third-party website or any links contained within. It is important to note that this Policy only applies to our Services. We are not responsible and assume no responsibility for any personal information collected, stored, or used by any third party as a result of you visiting third-party websites. We also advise that you carefully read the privacy notice of any third-party websites you choose to visit.
Our Services are not directed at children (as defined under applicable law). We do not knowingly collect personal information from children. If you believe a child has provided us with information, you can alert us by contacting us as set forth in the "Contact Us" section below.
This Policy may change from time to time. If we need to change this Policy at some point in the future, we will post any changes on this page. If we make a significant or material change to this Policy, we will notify you as required by applicable law. You should check these terms when you use the Services. Your continued use of the Services constitutes acceptance of the most current version of this Policy.
If you have any questions about this Policy, please contact us by email at contact@sparctennis.com.