FileSpark Privacy Policy

Last updated: July 11, 2019

FileSpark (“FileSpark”, “Company”, “we” or “us”) respects your right to privacy and we are committed to protecting it. This privacy policy (“Privacy Policy”) describes our practices of processing data from (i) visitors to our websites that links to this Privacy Policy (“Website”); and (ii) our customers using our Services (“Customer”).

For clarity, the term “Service(s)” means: any Software provided by the Company (downloadable on our website, pre-installed on a device, downloadable through a third party website, obtained on a physical medium such as, but not limited to CD, DVD, Blu-ray, memory stick), resources, including download areas, services offered on one of our websites’ communication forums, product information, updates, enhancements, new features, premium support, extended guarantees, online version of the Software and/or the addition of any new website.

If you have questions, comments or complaints regarding our Privacy Policy or data practices, please contact us at

FileSpark
7075 Robert-Joncas Place, Suite 142
Saint-Laurent, QC H4M 2Z2 Canada
support(at)file-spark(dot)com

FileSpark Software Data Protection Officer

If you have any requests regarding the data collected under this Privacy Policy, including but without limitation to, requests to remove, delete, amend, modify or transfer the data, please contact our Data Protection Officer at: dpo (at) file-spark (dot) com
Please include your name, address and email address in any correspondence so that we can respond to your inquiry or request.

Changes to the Policy

We reserve the right to modify this Privacy Policy at any time, at our sole discretion, so please review it frequently, such changes will be effective immediately upon the display of the revised Privacy Policy. The last revision date will be reflected in the “Last Updated” heading. Your continued use of our Services following the amendments constitutes your acknowledgement and consent of such amendments to the Privacy Policy and your agreement to be bound by the terms of such amendments. If we make material changes to this policy, we will make our best efforts to notify you here, by email, or by means of a notice on our Website.

We have included below information about which data is collected, how we process and use your data, but before, we would like to explain the basis on which we do so:

(i) When a Customer uses our Services or purchases the goods and services we offer, we process the Customer’s Personal Information in order to perform our contract with the Customer;

(ii) When visitors access our Website, we collect certain online identifiers; such online identifiers are processed under the lawful basis of legitimate interests;

(iii) For direct marketing to Customers we have legitimate interest to process such data; or

(iv) We will also process your Personal Information where you have provided us with consent to do so.

Information Collection

Depending on your interaction with us (meaning, if you are just browsing our Website, or if you have registered to our Services and opened an account, use our Services, etc.), we may collect two types of information about you, as follows:

• Non-Personal Information: The first type of information is non-identifiable information which may be made available or gathered through your use of the Services. To clarify, we are not aware of your identity due to such information (“Non-Personal Information”). The Non-Personal Information which is being collected may include your aggregated usage information and technical information transmitted such as (but not limited to): the type of operating system, type of browser, language preference, the time and date you access our Website, your actions within our Services (e.g., registration, pages viewed, etc.), internet service provider, browsing data, search queries, browsing history, and approximate geo-location (country level).

• Personal Information: The second type of information is individually identifiable information, namely information that identifies an individual or may with reasonable effort identify an individual (“Personal Information”). Personal Information includes either: (i) contact information such as your name, phone number, address, email address, etc., which you have submitted voluntarily; and (ii) your Internet Protocol (“IP”) address and MAC address or other online identifiers. Note that, while IP and MAC address are considered personally identifiable information in many jurisdictions (such as the EEA), there are some jurisdictions in which such data is not considered as Personal Information. Therefore, we treat such information as Personal Information, in accordance with applicable laws.

You are not required by law to provide us with any information. You can always avoid providing us certain Personal Information; however, you acknowledge that it may prevent us from providing you certain Services.
In the event we combine Personal Information with Non-Personal Information, the combined information will be treated as Personal Information for as long as it remains combined.

Information we collect from visitors of our Website

How We Collect Information

Depending on the nature of your interaction with the Services, we may collect information as follows:

(i) Automatically – we may use Cookies (as elaborated in the section below) to gather some information automatically.

(ii) Provided by you voluntarily – we will collect information if and when you choose to provide us with the information, such as through a registration process, contact us communications, payment process, etc.

User Rights

Individuals have the right to know what information we hold about them and, in some cases, to have such information communicated to them. Individuals may also ask for our confirmation as to whether or not we process their Personal Information. Subject to the limitations in applicable law, individuals may also be entitled to obtain from us the Personal Information they have provided to us in a structured, commonly-used, and machine-readable format, and may have the right to transmit such Personal Information to another party.

The principal rights under applicable data protection law in relation to Personal Information are as follows: the right to access any information which is provided to us; the right to rectification; the right to erasure; the right to restrict processing; the right to object to processing; the right to data portability; the right to complain to a supervisory authority; and the right to withdraw consent (to the extent applicable).

We provide you with the ability to exercise certain choices and controls in connection with our treatment of your Personal Information, depending on your relationship with us.

Where we are not able to provide you with the information for which you have asked, we will endeavor to explain the reasoning for this and inform you of your rights, including the right to complain to the supervisor authority. We reserve the right to ask for reasonable evidence to verify your identity before we provide you with any such information in accordance with applicable law. In addition, the process of locating and deleting the data may take up to one (1) month (following the receipt of the validation proof we require) in accordance with applicable law.

Data privacy and related laws in your jurisdiction may provide you with different or additional rights related to the data we collect from you, which may also apply.

Data Retention

We will retain your information for as long as your account is active or as needed to provide services to you, all in accordance with applicable laws, or until an individual expresses a preference to opt-out. We may at our sole discretion, delete or amend information from our systems, without notice to you, once we deem it is no longer necessary for such purposes.

Minors

If you are under 16 years of age, you are not permitted to use this Website or our Services. If you are 16 years old but not yet 18, or of the age of majority in the jurisdiction where you reside, you may not use this Website or Services without the express and informed consent of your parent or guardian. If you become aware or have any reason to believe that a child has shared any information with us, please contact us at: dpo(at)file-spark(dot)com

Sharing Personal Data

We do not share any Personal Information collected from you with third parties or any of our partners except in the following events:

(1) Legal Disclosure, Policy Enforcement, Third Party Rights and Company Rights: We reserve the right to disclose your personal information if required by law and/or to comply with a court order or similar legal process or when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. In certain situations, FileSpark may be required to disclose personal data in response to lawful requests by public authorities.

(2) Business Transitions: If FileSpark is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

(3) Third Party service providers: The Company may share your information with third parties that perform services on our behalf (e.g. API providers, payment process, tracking, servers, service functionality and support, marketing, etc.) these third parties may be located in different jurisdictions; and these companies are authorized to use your Personal Information only as necessary to provide these services to us.

We may store Non-Personal and Personal Information on our servers or our cloud servers, use or share Non-Personal Information in any of the above circumstances, as well as for the purpose of providing and improving our Service as detailed above. Furthermore, we reserve the right to use, disclose or transfer (for business purposes or otherwise) aggregated and processed data to third parties, including, inter alia, affiliates, for various purposes including commercial use. This information may be collected, processed and analyzed by us and transferred in a combined, collectively and aggregated manner (i.e., your information is immediately aggregated with other users) to third parties.

Cookies

When you access or use the Website, or interact with our Services, we may use “cookies” (or similar technologies), which store certain information on your device (i.e., locally stored) and which will allow us to customize the Service and content as well as enhance your experience of the Services. The use of cookies is a standard industry-wide practice. A “Cookie” is a small piece of information that a website assigns and stores on your device while you are viewing a website. Cookies are very helpful and can be used for various different purposes such as allowing you to navigate between pages efficiently and making the interaction between you and our Services quicker and easier.

We may permit third parties to use cookies or other technology to collect information about your online and application usage activities across our Services, this data may include Online Identifiers therefore we recommend you review our cookie policy carefully:

For more information about cookies and your controls in this regard, you may review the following links:
•  For Chrome;
•  For Firefox;
•  For Opera;
•  For Internet Explorer;
•  For Safari;
•  For Edge.

Most browsers will allow you to erase cookies from your computer’s hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. However, if you block or erase cookies some features of the Services may not operate properly and your online experience may be limited.

We may permit third parties to use cookies or other technology to collect information about your online and application usage activities across our Services, such as:

Google Analytics: this cookie is placed in order to track and analyze the use of our Services, for internal purposes. To learn more about how Google uses data from our use of Google Analytics Cookies, we recommend you review Google’s policies located at:  www.google.com/policies/privacy/partners. For additional information, please see Google Analytics’ opt-out web tool available at:  https://tools.google.com/dlpage/gaoptout.

As is the case with most websites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.
We may link this automatically-collected data to other information we collect about you. We may also combine this automatically-collected log information with other information we collect about the services we offer you.

We partner with a third party to either display advertising on our website or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this website and other sites in order to provide you with advertising based on your browsing activities and interests. If you do not wish to have this information used for the purpose of offering you interest-based ads, you may opt-out by clicking  here. Please note this does not opt you out of being offered ads. You will continue to receive generic ads.

Security, Intrusion, and Detection

We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once it is received. For website security purposes, and to ensure that our website remains available to all visitors, all network traffic is monitored in order to identify unauthorized attempts to upload or change information, cause damage, or conduct criminal activity. To protect the system from unauthorized use and to ensure that the system is functioning properly, individuals accessing our website are subject to monitoring. Unauthorized attempts to upload or change information, or otherwise cause damage to this service are strictly prohibited and may be punishable under applicable law.

Further, in the event of a data incident, in which we discover your Personal Information may be at risk, then we will take reasonable efforts to notify you and the applicable authority (if required, subject to applicable laws).

Links to third parties Sites

Our website includes links to other websites whose privacy practices may differ from those of FileSpark. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.

Social Media Widgets

Our website includes social media features such as the Facebook and Twitter buttons and widgets, as well as the “Share this” button and all interactive mini-programs that run on our website. These features may collect your IP address, which pages you are visiting on our website, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our website. Your interactions with these features are governed by the privacy policy of the company providing it.

Direct Marketing

We may send our Customers an email or other messages about us or our Services. We may also send our updates or newsletter to individuals who have registered to the newsletter or used our Services. You can remove your Personal Information from our mailing list and stop receiving promotional communications from us by following the unsubscribe link located at the bottom of each communication or by emailing us at dpo(at)file-spark(dot)com.

Please note that in the event you are our Customer, even if you unsubscribe, we reserve the right to send you service-related communications, including service announcements and administrative messages, relating either to your account or to your transactions of the Services, without offering you the opportunity to opt out of receiving them unless you terminate and delete your account. If you wish to delete your Account, please contact us at: dpo(at)file-spark(dot)com. Note that, even if we will delete your account, we will not delete certain information required under applicable law or otherwise, required for the legitimate purposes of our business. For example, we will not delete any invoices sent to you as we need it for the purpose of managing our finances.

Data Transfer Outside of the EEA

We may store or process your Personal Information in the United States or in other countries. If you visit our Websites or use our Services from locations outside of the United States, please note that any information you provide to us through your use of our Websites or Service may be transferred to and processed in countries other than the country from which you accessed our Websites or Service, including the United States where our central database is operated. If you are a resident of the European Economic Area (“EEA”) we will take appropriate measures to ensure that your personal data receives an adequate level of data protection upon its transfer outside of the EEA. If you are a resident of a jurisdiction where transfer of your personal data requires your consent, then your consent to this Privacy Policy includes your expressed consent for such transfer of your data.

Do Not Track Disclosure

The Service does not respond to Do Not Track signals. For more information about Do Not Track signals, please see:  http://www.allaboutdnt.com/.