Privacy Policy

Last updated: 28 March 2024

General Terms

Introduction

This Privacy Policy describes the information that Spark9 (“we”, “our,” or “us”) (see Contact Information below) collects from visitors to and users of www.spark9asia.com (the “Website”) and any mobile application concerning the Website (the “App” or “Spark9”) (the Website and the App are collectively referred to as “Spark9 Services”) and how we use it, how we protect it, and your rights.

Spark9 does not intend to create accounts for users under the age of 16 or other age of majority as required by the laws of the country of your domicile or 18 if you use our live streaming services. So please do not use Spark9 and Spark9 Services if you are under such age requirements.

BY ACCESSING OR USING SPARK9 SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PRIVACY POLICY AND THAT YOU UNDERSTAND YOUR RIGHTS TO YOUR INFORMATION AND HOW WE WILL COLLECT, USE AND PROCESS IT. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY IN GENERAL OR ANY PART OF IT, YOU SHOULD NOT USE SPARK9 SERVICES.

If not defined herein, capitalised terms shall have the meaning assigned to them in the Terms of Use.

How We Collect Your Information

To provide Spark9 Services and improve the user experience and security of Spark9 Services, we will collect, record, store, adapt, use, share or otherwise process your personal information when registering a Spark9 account and using Spark9 Services.

We collect your personal information on the following grounds:

We need to process such information, based on your permission or authorisation, to provide Spark9 Services to you.
We collect when we believe it is in our legitimate interests to provide you with better experiences with Spark9 Services.

Information You Consent to Provide

You consent to provide some or all of the following personal information for Spark9 Services when you create an account on the Spark9 App and use Spark9 Services:

Registration information, such as your username, age, profile images, self-introduction, phone number, email, password, and social media information (for details, please refer to the scenario “third-party social media when you create a Spark9 account by connecting” under this Section), etc.;
User-generated content (“UGC”), including photographs, live streams, videos, audio recordings, hashtags, virtual item content, comments, messages, code or other data or materials that you upload, distribute or stream on the Spark9 App when you use Spark9 Services (e.g. uploading logs, creator information, etc.);
Voice and facial data, while you use some features we provide to create special effects or emojis for your streaming section or pictures you uploaded on Spark9 Services. We need to identify such biometric information to support your use of these features. However, such data will only be processed offline (such as on your device) to fulfil the special effects or emojis. We will not transfer, store or use it for other purposes unless we have obtained your explicit consent. Further, we will not use such data for marketing or advertising, nor will we share such data with any third party. However, please note that certain features cannot be activated if you do not give your consent, but your access to other features of Spark9 will not be affected;
When you activate the “Discover Friends” function, we will ask for your permission to access your social network contacts; after processing with a high-strength encryption algorithm, we may recommend friends to you. Please note that we may recommend you to other Spark9 users under this function with the permission of such Spark9 users to access their social network contacts;
Messages include information you provide when you compose, send, or receive messages through Spark9’s messaging functionalities. They include comments you post on other users’ profiles or UGC pages and messages you send through our chat functionality. Such information consists of the content of the message (private chats excluded) and the messaging log, such as when it was sent, received, or read, as well as message participants. Please be aware that messages you choose to send to other Spark9 users will be accessible by those users and that we are not responsible for how those users use or share the messages;
The location data that you opt to share. Your refusal of such consent will not affect your ability to manually search or locate specific locations. You may change the access to your location data via the settings on your mobile device;
Your opt-in choices and correspondence with us, such as information used to verify your account or to resolve your feedback or complaints;
Purchase information, such as orders, payment information, billing and shipping address, etc.;
Your consent of the usage of a microphone or camera when you use specific web-based programs or games, which you may withdraw at any time;
Information you provide when participating in in-app surveys and activities and;
Information you provide from such third-party social media when you create a Spark9 account by connecting with a third-party social media, such as YouTube, Facebook, Instagram, or Google, or if you link a Spark9 account with a third-party social media account. The third party’s collection, use and disclosure of your information will be subject to that third-party service’s privacy policy. In particular, Spark9’s YouTube integration uses the YouTube API Services, and such use is subject to Google’s Privacy Policy (http://www.google.com/policies/privacy ). You can manage and revoke Spark9 YouTube integration’s access to your data via the Google security settings page at https://security.google.com/settings/security/permissions.

Information We Collect for Legitimate Interests

We may collect some or all of the following personal information about you when you use Spark9 Services for legitimate interests:

Network activity information, such as your browsing history (your visiting logs, etc.), search history, the date and time of visits to your profile, your subscriptions, and information regarding your interaction with other users (for details, please refer to the scenario “message” under the previous Section);
Information about you from third-party service providers, such as advertising partners and data analytics providers;
Historical records of your purchases on Spark9;
Device information and device identifiers, such as your operating system, browser type, brand, model and serial number of your mobile device, Internet Protocol (IP) address, mobile carrier, screen resolution, language setting, AppApp and file names and types, and media access control addresses;
Metadata, associating with the UGC you provided us, which describes other data and provides information about how, when, and by whom the piece of UGC was collected and how that UGC was formatted, such as hashtags used to label the keywords to the video and captions; and
Cookies, are small pieces of data that enable us to provide certain features, which we or our business partners collect to measure and understand the web pages you click on and how you use Spark9 Services, enhance your experience using Spark9 Services, and provide you with targeted advertising on Spark9 Services and elsewhere across your different devices. For more information about what cookies we use and how cookies help improve your experience on the Spark9 App, see our Cookie Policy.

We may preserve and share with our advertising, marketing, and analytics business partners de-identified device information or statistics, such as de-identified mobile advertising identifiers, which cannot be used to identify you. Based on the collected data, we may also produce and share aggregated insights that do not identify you. Aggregated data may be derived from your personal information but is not considered personal information as this data does not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific website feature, to generate statistics about our users, or to calculate ad impressions served or clicked on. Such information would help us better analyse, measure, and improve the effectiveness of advertisements, promotions, and related services.

We do not collect special categories of personal information about you (including your race or ethnicity, religious or philosophical beliefs, political opinions, trade union membership, information about your health and genetic and biometric data).

How We Use Your Information

We use the information we collect about you for the following purposes:

to administer Spark9 Services (i.e. to provide Spark9 Services to you) and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes (i.e. to guarantee Spark9 Services’ stability and security) and to solicit your feedback;
to allow you to participate in interactive features of Spark9 Services when you choose to do so;
to personalise the content that you receive and provide you with tailored content that will be of interest to you;
to provide you with user support and to improve, develop Spark9 Services and facilitate product development;
to use information that you provided us, such as pictures and video content that you choose to upload or broadcast on Spark9 Services, as part of our advertising and marketing campaigns to promote Spark9 Services;
to measure and understand the effectiveness of the advertising we serve to you and others;
to provide you with services based on the country settings you have chosen, such as content pushing and other content that is related to the country settings;
to enable us and our advertising partners to provide ads that may be more relevant to your interests;
to make suggestions and recommendations to you and other users of Spark9 Services about goods or services that will interest you or them;
to provide you with web-based program or game services, provided that you have given consent of authorisation for the web-based program or game developer or operator to use your personal information;
to allow other users to identify you via the “Discover Friends” function as a user of Spark9 Services, to enable you to find other users and to connect with them on Spark9 Services, and to support the socialising function of Spark9 Services;
to enable our messenger service to function and communicate with you;
to help us detect abuse, fraud, and illegal activity on Spark9 Services;
to review pictures, images and contents posted or generated on Spark9 Services to ensure that we comply with any applicable content regulations in any relevant jurisdiction;
to enforce our terms, conditions, and policies; and
to comply with other applicable laws and regulations.

How We Share Your Information

We may share your information with certain authorised third parties, while it’s necessary, to assist in the improvement and optimisation of Spark9 Services such as:

our business partners so that we can improve Spark9 Services, including inter-platform linking, uploading and managing UGC, online purchases of Paid Services, processing payment, user experience activities, user services, etc.;
our technology partners help in preventing illegal uses, increasing user numbers, operating system development, engineering and analysis of information or for our internal business purposes;
our qualified IT and IDC service providers to transfer or preserve data;
our advertising, marketing, and analytics business partners de-identified device information or statistics, such as de-identified mobile advertising identifiers, which cannot be used to identify you.

Except for the above, we will not disclose or share with any third party your personal information, unless under the following circumstances:

if we obtained your consent, either implied or express;
if we are required to do so to comply with the applicable laws and regulations and government requests;
if we believe in our good faith that this is necessary to protect the public interest;
if it is required to do so to protect the safety and fundamental rights of another person;
if it is required to address fraud, security, or technical issues; and
if it is required to enforce our terms and conditions and the daily operation of Spark9 Services.

Third-Party Applications

Spark9 Services may allow you to access content, products or services offered by third parties through hyperlinks (in the form of word links, banners, channels or otherwise), API or otherwise to third parties’ websites (such as YouTube, Twitter, Instagram, etc.). Before using the Sites, you are cautioned to read such websites’ terms and conditions and privacy policies. Spark9’s YouTube integration uses the YouTube API Services. Using Spark9 YouTube integration, you agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms) and acknowledge that such use is subject to Google’s Privacy Policy (http://www.google.com/policies/privacy). You can manage and revoke Spark9 YouTube integration’s access to your data via the Google security settings page at https://security.google.com/settings/security/permissions.

You acknowledge that Spark9 has no control over such third-party websites, does not monitor such websites, and shall not be responsible or liable to anyone for such websites or any content, products or services made available on or through such websites.

Your Rights

Under the applicable laws and regulations of the jurisdiction where you reside, you may have some or all of the following rights:

access and update certain personal information that you have provided with us by logging into your Spark9 account and using the features and functionalities available there;
review, by request, the data of the Spark9 Services you’re using and of your account, and you may request for preservation of such data;
rectify and delete your data retained on Spark9 Services, or
reset the mobile advertising identifiers in the App or through your mobile device’s privacy settings to limit advertising tracking.

How We Transfer Your Information

We maintain servers worldwide, and the information we collect is first stored and processed in servers nearest to your region; however, in specific cases, your information may be stored and processed in another country or area where we maintain data collection facilities. We have complied with applicable data localisation rules concerning our data transfer practices. We take appropriate steps to ensure that the information we collect is processed in accordance with the privacy policy and the relevant applicable laws and regulations.

Should we provide any information about you to any legal agency, we will take appropriate measures to ensure such receiving institutes protect your information adequately by this privacy policy and the applicable laws.

With your request to transfer your data, we would provide appropriate ways by applicable laws and regulations.

How Long We Keep Your Information

We use the following criteria to determine the period for which we will keep your information:

our contractual obligations and rights concerning the information involved;
obligation(s) under the applicable laws and regulations to retain data for a certain period;
statute of limitations under the applicable laws;
our reasonable business purposes and;
disputes or potential disputes.

We retain your information for as long as it is necessary to provide you with Spark9 Services so that we can fulfil our contractual obligations and rights concerning the information involved or for another legitimate purpose, such as complying with our legal obligations, resolving disputes, and enforcing our agreements. Because these needs vary for different types of information, the context of our interactions with you or your use of Spark9 Services results in different retention periods for various kinds of information. Where we do not need your information to provide Spark9 Services to you, we retain it only for as long as we have a reasonable business purpose in keeping such data.

How To Manage Your Account And Information

The privacy settings allow you to control whether or not to share certain information and whether you wish to entertain certain functions.

You may download and save the short videos or soundtracks you have shared through Spark9 Services. If you need to download the short videos or soundtracks you uploaded on a massive basis (more than 100 files), you may email us for help.

You may delete your account. To delete your account, you may use “Settings”> “Account”> “Delete Account” on the App or click “Delete Account” on the Website. Feel free to contact us at feedback@spark9asia.com if you encounter any issues during this process. Please note that once your account is deleted, you will not be able to restore your account and all your historical data on Spark Services (due to the differences in applicable laws, the erasure of data might be after a certain period (usually within 24 months). You acknowledge and understand that some behavioural data will be anonymised for statistical research. Also, please note that third parties may retain backups of your information, as we cannot control or monitor the policies or actions of third-party products, services, data collection, and storage.

Security Of Your Information

We take appropriate administrative, technical and physical security measures to safeguard your personal information from unauthorised access and disclosure. For example, only authorised employees can access personal information and may do so only for permitted business functions. In addition, we use encryption to transmit certain of your personal information between your system and ours. We also use firewalls to help prevent unauthorised persons from accessing your personal information. Please be advised, however, that we cannot eliminate security risks associated with storing and transmitting your personal information. You should use caution when submitting information through Spark9 Services and carefully decide which information you provide us.

You are responsible for maintaining the secrecy of your password and account information.

Children Protection

Spark9 Services is not directed to children, and if you are under the age of 16 years old or other age of majority as required by the laws of the country of your domicile or 18 if you use our live streaming services, you may not create a Spark9 account or use Spark9 Services except under the guardianship of your parents or other guardians, and you have read this Privacy Policy carefully.

We will only collect, use, share or disclose children’s personal information as permitted by law, with the express consent of a parent or other guardian, or as necessary to protect the children. We provide a separate experience for children, collecting and processing only limited information. For information about how we collect, use, share, and otherwise process the personal information of underage users, please refer to our Privacy Policy for Young Users.

We have zero tolerance for any form of child abuse or exploitation. Your data (including messages) may be shared with legal agencies if we, in our good faith, believe that you have engaged in child abuse or if we are requested to do so by relevant legal agencies.

Modifications

We may amend any of the privacy policy terms by posting them. We will also update the “Last Updated” date at the top of this policy, which reflects the effective date of such policy. Your continued access to or use of Spark9 Services after the date of the updated policy constitutes your acceptance of the revised policy. If you disagree with the updated policy, stop accessing or using Spark9 Services.

Contact Information

If you have any questions about this privacy policy or our information-handling practices, please get in touch with us at legal@spark9asia.com.

U.S Terms

Introduction

This Privacy Policy describes the information Spark9 (see Contact Information below) collects from visitors to and users of the Website and any mobile application concerning the Website and how we use it, how we protect it, your choices regarding it and your rights. For information regarding our privacy practices in the U.S. concerning users under the age of 13, please visit our Privacy Policy for Young Users.

PLEASE READ THIS PRIVACY POLICY AND THE TERMS OF USE CAREFULLY. DO NOT USE OR VISIT THE WEBSITE OR APP IF YOU DO NOT AGREE WITH THE PRIVACY POLICY OR OUR TERMS OF USE. BY USING OR VISITING THE WEBSITE OR APP, YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY AND OUR TERMS OF USE.

If not defined herein, capitalised terms shall have the meaning assigned to them in the Terms of Use.

Contact Information

If you have any questions about this privacy policy or our information-handling practices, please get in touch with us at legal@spark9asia.com.

Information We Collect About You

Personal information means any information about an individual from which that person can be identified. We collect your personal information primarily from the following sources:

We need to process such information, based on your permission or authorisation, to provide Spark9 Services to you and;
We automatically collect when you use Spark9 Service.

Information You Opt to Provide

You consent to provide some or all of the following personal information for Spark9 Services when you create an account on the Spark9 App and use Spark9 Services:

Registration information, such as your username, age, profile images, self-introduction, phone number, email, password, and social media information (for details, please refer to the scenario “third-party social media when you create a Spark9 account by connecting” under this Section), etc.;
User-generated content (“UGC”), including photographs, live streams, videos, audio recordings, hashtags, virtual item content, comments, messages, code or other data or materials that you upload, distribute or stream on the Spark9 App when you use Spark9 Services (e.g. uploading logs, creator information, etc.);
Voice and facial data, while you use some features we provide to create special effects or emojis for your streaming section or pictures you uploaded on Spark9 Services. We need to identify such biometric information to support your use of these features. However, such data will only be processed offline (such as on your device) to fulfil the special effects or emojis. We will not transfer, store or use it for other purposes unless we have obtained your explicit consent. Further, we will not use such data for marketing or advertising, nor will we share such data with any third party. However, please note that certain features cannot be activated if you do not give your consent, but your access to other features of Spark9 will not be affected;
When you activate the “Discover Friends” function, we will ask for your permission to access your social network contacts; after processing with a high-strength encryption algorithm, we may recommend friends to you. Please note that we may recommend you to other Spark9 users under this function with the permission of such Spark9 users to access their social network contacts;
Messages include information you provide when you compose, send, or receive messages through Spark9’s messaging functionalities. They include comments you post on other users’ profiles or UGC pages and messages you send through our chat functionality. Such information consists of the content of the message (private chats excluded) and the messaging log, such as when it was sent, received, or read, as well as message participants. Please be aware that messages you choose to send to other Spark9 users will be accessible by those users and that we are not responsible for how those users use or share the messages;
The location data that you opt to share. Your refusal of such consent will not affect your ability to manually search or locate specific locations. You may change the access to your location data via the settings on your mobile device;
Your opt-in choices and correspondence with us, such as information used to verify your account or to resolve your feedback or complaints;
Purchase information, such as orders, payment information, billing and shipping address, etc.;
Your consent of the usage of a microphone or camera when you use specific web-based programs or games, which you may withdraw at any time;
Information you provide when participating in in-app surveys and activities and;
Information you provide when participating in in-app surveys and activities.
Information you provide from such third-party social media when you create a Spark9 account by connecting with a third-party social media, such as YouTube, Facebook, Instagram, or Google, or if you link a Spark9 account with a third-party social media account. The third party’s collection, use and disclosure of your information will be subject to that third-party service’s privacy policy. In particular, Spark9’s YouTube integration uses the YouTube API Services, and such use is subject to Google’s Privacy Policy (http://www.google.com/policies/privacy ). You can manage and revoke Spark9 YouTube integration’s access to your data via the Google security settings page at https://security.google.com/settings/security/permissions.

Information We Obtain from Third-Party Sources

We may obtain your personal information from several third-party sources under the following circumstances:

When you create a Spark9 account by connecting with a third-party social media, such as YouTube, Facebook, Instagram, or Google, or if you link a Spark9 account with a third-party social media account, we will use information from such third-party social media, you provided us. In particular, Spark9’s YouTube integration uses the YouTube API Services, which you acknowledge is subject to Google’s Privacy Policy (http://www.google.com/policies/privacy ). You can manage and revoke Spark9 YouTube integration’s access to your data via the Google security settings page at https://security.google.com/settings/security/permissions.
We may collect information about you from third-party service providers, such as advertising partners and data analytics providers. The third party’s collection, use and disclosure of your information will be subject to that third-party service’s privacy policy.

Information We Collect Automatically

We may collect some or all of the following personal information about you automatically when you use Spark9 Services:

Network activity information, such as your browsing history (your visiting logs, etc.), search history, the date and time of visits to your profile, your subscriptions, and information regarding your interaction with other users (for details, please refer to the scenario “message” under the previous Section);
Information about you from third-party service providers, such as advertising partners and data analytics providers;
Historical records of your purchases on Spark9;
Device information and device identifiers, such as your operating system, browser type, brand, model and serial number of your mobile device, Internet Protocol (IP) address, mobile carrier, screen resolution, language setting, App and file names and types, and media access control addresses;
Metadata, associating with the UGC you provided us, which describes other data and provides information about how, when, and by whom the piece of UGC was collected and how that UGC was formatted, such as hashtags used to label the keywords to the video and captions; and
Cookies, are small pieces of data that enable us to provide certain features, which we or our business partners collect to measure and understand the web pages you click on and how you use Spark9 Services, enhance your experience using Spark9 Services, and provide you with targeted advertising on Spark9 Services and elsewhere across your different devices. For more information about what cookies we use and how cookies help improve your experience on the Spark9 App, see our Cookie Policy.

How We Use Your Information

We will only use your personal information when the applicable laws allow us to do so. In general, we use your personal information for the following purposes:

to administer Spark9 Services (i.e. to provide Spark9 Services to you) and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes (i.e. to guarantee Spark9 Services’ stability and security) and to solicit your feedback;
to allow you to participate in interactive features of Spark9 Services when you choose to do so;
to personalise the content that you receive and provide you with tailored content that will be of interest to you;
to provide you with user support and to improve, develop Spark9 Services and facilitate product development;
to use information that you provided us, such as pictures and video content that you choose to upload or broadcast on Spark9 Services, as part of our advertising and marketing campaigns to promote Spark9 Services;
to measure and understand the effectiveness of the advertising we serve to you and others;
to provide you with services based on the country settings you have chosen, such as content pushing and other content that is related to the country settings;
to enable us and our advertising partners to provide ads that may be more relevant to your interests;
to make suggestions and recommendations to you and other users of Spark9 Services about goods or services that will interest you or them;
to provide you with web-based program or game services, provided that you have given consent of authorisation for the web-based program or game developer or operator to use your personal information;
to allow other users to identify you via the “Discover Friends” function as a user of Spark9 Services, to enable you to find other users and to connect with them on Spark9 Services, and to support the socialising function of Spark9 Services;
to enable our messenger service to function and to communicate with you;
to help us detect abuse, fraud, and illegal activity on Spark9 Services;
to review pictures, images and contents posted or generated on Spark9 Services to ensure that we comply with any applicable content regulations in any relevant jurisdiction;
to enforce our terms, conditions, and policies; and
to comply with other applicable laws and regulations.

Sharing Or Disclosure Of Your Information

Please note that though we will share or disclose your personal information in the limited circumstances described below, we WILL NOT SELL your personal information to any third party.

We may disclose some of your personal information on the public page of your account, which may be accessible by other users, such as your gender, age and self-introduction;
We may share with our business partners so that we can improve Spark9 Services, including inter-platform linking, uploading and managing UGC, online purchases of Paid Services, processing payment, user experience activities, user services, etc.;
We may share with our technology partners help in preventing illegal uses, increasing user numbers, operating system development, engineering and analysis of information or for our internal business purposes;
We may share with our qualified IT and IDC service providers to transfer or preserve data;
We may share with our advertising, marketing, and analytics business partners de-identified device information or statistics, such as de-identified mobile advertising identifiers, which cannot be used to identify you;
We access, preserve and share your personal information with regulators, law enforcement or others where we reasonably believe such disclosure is needed to (a) comply with any applicable law, regulation, legal process, or governmental request, (b) enforce applicable terms of use, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address illegal or suspected illegal activities, security or technical issues, (d) protect against harm to the rights, property or safety of our company, our users, our employees, or other third parties; or (e) to maintain and protect the security and integrity of Spark9 Services or infrastructure.

Third-Party Applications

You acknowledge that Spark9 has no control over, does not review, and cannot be responsible for these third-party websites or mobile applications or their content. Before using the Sites, you are cautioned to read such websites’ terms and conditions and privacy policies.

In particular, Spark9’s YouTube integration uses the YouTube API Services. Using Spark9 YouTube integration, you agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms ) and acknowledge that such use is subject to Google’s Privacy Policy (http://www.google.com/policies/privacy ).

Transfers Of Your Personal Information To Other Countries

By using Spark9 Services, you consent to transfer information we collect about you, including personal information, to other areas of the United States where we have complied with relevant applicable data localisation rules concerning our data transfer practices. We take appropriate steps to ensure that the information we collect is processed following the privacy policy and the relevant applicable laws and regulations.

Suppose we provide any information about you to any legal agency, we will take appropriate measures to ensure such receiving institutes adequately protect your information following this privacy policy and applicable laws.

With your request to transfer your data, we would provide appropriate ways by applicable laws and regulations.

Security Of Your Personal Information

We take appropriate administrative, technical, and physical security measures to safeguard your personal information from unauthorised access and disclosure. For example, only authorised employees can access personal information and may do so only for permitted business functions. In addition, we use encryption to transmit certain of your personal information between your system and ours. We also use firewalls to help prevent unauthorised persons from accessing your personal information. Please be advised, however, that we cannot eliminate security risks associated with storing and transmitting your personal information. You should use caution when submitting information through Spark9 Services and carefully decide which information you provide us.

You are responsible for maintaining the secrecy of your password and account information.

Choices Regarding Your Personal Information

You can set your browser to refuse all or some browser cookies or to alert you when cookies are being sent. Please note that your choice to disable cookies will be specific to the browser or device you use when you turn off cookies, so you may need to turn off cookies for each type of browser or device separately. If you disable or refuse cookies, please note that some parts of the Website may be inaccessible or not function properly.

You can immediately request to opt out from further, allowing us to send you push notifications by adjusting the permissions in your mobile device.

You can switch off a Microphone, Camera or similar functions on your mobile device if you do not wish to share them.

You can choose not to provide us with certain personal information, but that may result in you being unable to use certain features of Spark9 Services because such information may be required for you to register as a user, purchase Paid Services, participate in a promotion, survey, or sweepstakes; or make complaints.

You can change the mobile advertising identifiers in your mobile device or limit advertising tracking through your mobile device’s privacy settings. For more information on changing your device’s advertising identifier privacy settings, please visit http://www.networkadvertising.org/mobile-choice or http://youradchoices.com/appchoices.

You can change your information, including accessing it, correcting or updating it, or deleting it by editing your profile in the App.

Your Rights

You may submit a request to access, modify or delete the personal information we collect about you by (a) using the Help or Feedback function on Spark9 Services or (b) by sending your request to us via email at legal@spark9asia.com. We will respond to your request in a manner consistent with the applicable laws as soon as practicable after proper verification procedures. We WILL NOT DISCRIMINATE due to your exercise of any right to privacy.

If you are a California resident, you may request us to disclose the categories and specific personal information about you that we collect or share with any third party for commercial use. You will need to email legal@spark9asia if you wish to make such a request and format the subject line as Identification of personal information+Californian+Your Spark9 ID. We may ask you to go through a verification process, such as using your phone number and an instant PIN, before we respond to your request. Please note that we cannot handle this request if submitted through postal mail, telephone, or facsimile.

If you are a California resident, you may also request that we delete the personal information we collected about you. You will need to email legal@spark9asia if you wish to make such a request and format the subject line as Deletion of personal information+Californian+Your Spark9 ID. You will need to describe in your email what personal information you wish us to delete and provide any supplementary information that helps us to locate such pieces of personal information, such as the date you provided us with such piece of personal information and the specific content of such piece of personal information. We may ask you to go through a verification process, such as using your phone number and an instant PIN, before we respond to your request. Please note that we cannot handle this request if submitted through postal mail, telephone, or facsimile or if you fail to provide insufficient details to permit us to locate the personal information concerned. Further, we do not guarantee complete deletion of the personal information, given that it may already be shared or reposted by other users or third parties.

Users domiciled in California are encouraged to designate an authorised agent to exercise their privacy rights.

Children

Spark9 Services is not directed to children, and if you are under the age of 13 years old, or under 18 if you use our live streaming services, you may not create a Spark9 account or use Spark9 Services except under the guardianship of your parents or other guardians, and you have read this Privacy Policy carefully.

We will only collect, use, share or disclose children’s personal information as permitted by law, with the express consent of a parent or other guardian, or as necessary to protect the children. We provide a separate experience for children, in which we collect and process only limited information. For information about how we collect, use, share, and otherwise process the personal information of underage users, please refer to our Privacy Policy for Young Users.

If you believe we have inappropriately collected personal information from a Young User, please get in touch with us at legal@spark9asia.

Retention

We will retain your personal information for as long as reasonably necessary for the purposes described in this privacy policy, while we have a legitimate business need to do so in connection with your account or as required by laws (for example, for legal, tax, accounting or other purposes), whichever is the longer.

To determine the appropriate retention period for your personal information, we will consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we use your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

No Error-Free Performance

We do not guarantee error-free performance under this privacy policy. We will use reasonable efforts to comply with this privacy policy and take prompt corrective action when we learn of any failure to comply with our privacy policy. We shall not be liable for any incidental, consequential, or punitive damages relating to this privacy policy.

Changes To Our Privacy Policy

We may modify or revise our privacy policy from time to time. Although we may attempt to notify you when significant changes are made to this privacy policy, you are expected to periodically review the most up-to-date version found at Spark9 Services to be aware of any changes, as they are binding on you.

If we change anything in our privacy policy, the change date will be reflected in the “last updated date”. You agree to note the date of the last revision to our privacy policy. By continuing to use Spark9 Services after we make an amended version of our privacy policy available so that you can notice it, you thereby consent to such amendment.

EEA & Switzerland

Introduction

This Privacy Policy describes the information that Spark9 (“we”, “our,” or “us”) (see Contact Information below) collects from visitors to and users of https://spark9asia.com/ (the “Website”) and any mobile application concerning the Website (the “App”) (the Website and the App are collectively referred to as “Spark9 Services”) and how we use it, how we protect it, your choices regarding it and your rights.

If not defined herein, capitalised terms shall have the meaning assigned to them in the Terms of Use.

Contact Information

If you have any questions about this privacy policy or our information-handling practices, please get in touch with us at legal@spark9asia.com.

Information We Collect About You

Personal information means any information about an individual from which that person can be identified (“Personal Information”). We collect your Personal Information on the following grounds:

We need to process such information, based on your permission or authorisation, to provide Spark9 Services to you.
We collect when we believe it is in our legitimate interests to provide you with better experiences with Spark9 Services.

Information You Consent to Provide

You consent to provide some or all of the following personal information for Spark9 Services when you create an account on the Spark9 App and use Spark9 Services:

Registration information, such as your username, age, profile images, self-introduction, phone number, email, password, and social media information (for details, please refer to the scenario “third-party social media when you create a Spark9 account by connecting” under this Section), etc.;
User-generated content (“UGC”), including photographs, live streams, videos, audio recordings, hashtags, virtual item content, comments, messages, code or other data or materials that you upload, distribute or stream on the Spark9 App when you use Spark9 Services (e.g. uploading logs, creator information, etc.);
Voice and facial data, while you use some features we provide to create special effects or emojis for your streaming section or pictures you uploaded on Spark9 Services. We need to identify such biometric information to support your use of these features. However, such data will only be processed offline (such as on your device) to fulfil the special effects or emojis. We will not transfer, store or use it for other purposes unless we have obtained your explicit consent. Further, we will not use such data for marketing or advertising, nor will we share such data with any third party. However, please note that certain features cannot be activated if you do not give your consent, but your access to other features of Spark9 will not be affected;
When you activate the “Discover Friends” function, we will ask for your permission to access your social network contacts; after processing with a high-strength encryption algorithm, we may recommend friends to you. Please note that we may recommend you to other Spark9 users under this function with the permission of such Spark9 users to access their social network contacts;
Messages include information you provide when you compose, send, or receive messages through Spark9’s messaging functionalities. They include comments you post on other users’ profiles or UGC pages and messages you send through our chat functionality. Such information consists of the content of the message (private chats excluded) and the messaging log, such as when it was sent, received, or read, as well as message participants. Please be aware that messages you choose to send to other Spark9 users will be accessible by those users and that we are not responsible for how those users use or share the messages;
The location data that you opt to share. Your refusal of such consent will not affect your ability to manually search or locate specific locations. You may change the access to your location data via the settings on your mobile device;
Your opt-in choices and correspondence with us, such as information used to verify your account or to resolve your feedback or complaints;
Purchase information, such as orders, payment information, billing and shipping address, etc.;
Your consent of the usage of a microphone or camera when you use specific web-based programs or games, which you may withdraw at any time;
Information you provide when participating in in-app surveys and activities and;
Information you provide from such third-party social media when you create a Spark9 account by connecting with a third-party social media, such as YouTube, Facebook, Instagram, or Google, or if you link a Spark9 account with a third-party social media account. The third party’s collection, use and disclosure of your information will be subject to that third-party service’s privacy policy. In particular, Spark9’s YouTube integration uses the YouTube API Services, and such use is subject to Google’s Privacy Policy (http://www.google.com/policies/privacy ). You can manage and revoke Spark9 YouTube integration’s access to your data via the Google security settings page at https://security.google.com/settings/security/permissions.

Information We Collect for Legitimate Interests

We may collect some or all of the following Personal Information about you when you use Spark9 Services for legitimate interests:

Network activity information, such as your browsing history (your visiting logs, etc.), search history, the date and time of visits to your profile, your subscriptions, and information regarding your interaction with other users (for details, please refer to the scenario “message” under the previous Section);
Information about you from third-party service providers, such as advertising partners and data analytics providers;
Historical records of your purchases on Spark9;
Device information and device identifiers, such as your operating system, browser type, brand, model and serial number of your mobile device, Internet Protocol (IP) address, mobile carrier, screen resolution, language setting, App and file names and types, and media access control addresses;
Metadata, associating with the UGC you provided us, which describes other data and provides information about how, when, and by whom the piece of UGC was collected and how that UGC was formatted, such as hashtags used to label the keywords to the video and captions; and
Cookies, small pieces of data that enable us to provide certain features, which we or our business partners collect to measure and understand the web pages you click on and how you use Spark9 Services, enhance your experience using Spark9 Services, and provide you with targeted advertising on Spark9 Services and elsewhere across your different devices. For more information about what cookies we use and how cookies help improve your experience on the Spark9 App, see our Cookie Policy.

How We Use Your Information

We will only use your Personal Information when the applicable laws allow us to do so. In general, we use your Personal Information for the following purposes:

to administer Spark9 Services (i.e. to provide Spark9 Services to you) and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes (i.e. to guarantee Spark9 Services’ stability and security) and to solicit your feedback;
to allow you to participate in interactive features of Spark9 Services when you choose to do so;
to personalise the content that you receive and provide you with tailored content that will be of interest to you;
to provide you with user support and to improve, develop Spark9 Services and facilitate product development;
to use information that you provided us, such as pictures and video content that you choose to upload or broadcast on Spark9 Services, as part of our advertising and marketing campaigns to promote Spark9 Services;
to measure and understand the effectiveness of the advertising we serve to you and others;
to provide you with services based on the country settings you have chosen, such as content pushing and other content that is related to the country settings;
to enable us and our advertising partners to provide ads that may be more relevant to your interests;
to make suggestions and recommendations to you and other users of Spark9 Services about goods or services that will interest you or them;
to provide you with web-based program or game services, provided that you have given consent of authorisation for the web-based program or game developer or operator to use your personal information;
to allow other users to identify you via the “Discover Friends” function as a user of Spark9 Services, to enable you to find other users and to connect with them on Spark9 Services, and to support the socialising function of Spark9 Services;
to enable our messenger service to function and communicate with you;
to help us detect abuse, fraud, and illegal activity on Spark9 Services;
to review pictures, images and contents posted or generated on Spark9 Services to ensure that we comply with any applicable content regulations in any relevant jurisdiction;
to enforce our terms, conditions, and policies; and
to comply with other applicable laws and regulations.

Sharing Or Disclosure Of Your Information

We may share your information with certain authorised third parties, while it’s necessary, to assist in the improvement and optimisation of Spark9 Services such as:

our business partners so that we can improve Spark9 Services, including inter-platform linking, uploading and managing UGC, online purchases of Paid Services, processing payment, user experience activities, user services, etc.;
our technology partners help in preventing illegal uses, increasing user numbers, operating system development, engineering and analysis of information or for our internal business purposes;
our qualified IT and IDC service providers to transfer or preserve data;
our advertising, marketing, and analytics business partners de-identified device information or statistics, such as de-identified mobile advertising identifiers, which cannot be used to identify you.

Except for the above, we will not disclose or share with any third party your personal information, unless under the following circumstances:

if we obtained your consent, either implied or express;
if we are required to do so to comply with the applicable laws and regulations and government requests;
if we believe in our good faith that this is necessary to protect the public interest;
if it is required to do so to protect the safety and fundamental rights of another person;
if it is required to address fraud, security, or technical issues; and
if it is required to enforce our terms and conditions and the daily operation of Spark9 Services.

Links To Third-Party Websites Or Applications

Transfers Of Your Personal Information To Other Countries

We share your Personal Information with our corporate group affiliates. This will involve transferring your data to a country outside the European Economic Area (“EEA”), such as Singapore. Many of our external third parties are based outside the EEA, so their processing of your personal data will involve a transfer of data outside the EEA. Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring the implementation of standard contractual clauses, that is:

Where we use certain service providers or cause the data to transfer to our corporate group affiliates, we will use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for transferring personal data to third countries.

Security Of Your Personal Information

You are responsible for maintaining the secrecy of your password and account information.

Choices Regarding Your Personal Information

You can immediately request to opt out from further, allowing us to send you push notifications by adjusting the permissions in your mobile device.

You can switch off a Microphone, Camera or similar functions on your mobile device if you do not wish to share them.

You can change your information, including accessing it, correcting or updating it, or deleting it by editing your profile in the App.

Your Rights

You have the following rights concerning our collection of the Personal Information we collect about you. We will respond to your request in a manner consistent with the applicable laws as soon as practicable, generally within one month, after proper verification procedures. Your exercise of these rights is usually free of charge unless we deem it chargeable under the applicable laws. We WILL NOT DISCRIMINATE due to your exercise of any right to privacy.

Right to access – You may submit a request to access the Personal Information we collect about you by (a) using the Help or Feedback function on Spark9 Services or (b) by sending your request to us via email at legal@spark9asia.com.

Right to rectification – You may submit a request to rectify the Personal Information we collect about you by (a) using the Help or Feedback function on Spark9 Services or (b) by sending your request to us via email at legal@spark9asia.com.

Right to erasure – You may submit a request to erase the Personal Information we collect about you by (a) using the Help or Feedback function on Spark9 Services or (b) by sending your request to us via email at legal@spark9asia.com. Though we cannot guarantee a complete erasure of your data stored in our backup servers, we promise we will not use the data within the backup servers for any other purpose.

Right to data portability – You may ask us to transfer some of your Personal Information, if it is collected based on your consent, in structured, commonly used and machine-readable formats to you or other environments designated by you, if technically feasible, by (a) using Help or Feedback function on Spark9 Services or (b) by sending your request to us via email at legal@spark9asia.com.

Right to withdraw consent – You may withdraw your consent and ask us not to continue to collect or process your Personal Information at any time if that information is collected based on your consent by (a) using the Help or Feedback function on Spark9 Services or (b) by sending your request to us via email at legal@spark9asia.com. Your exercise of this right will not affect the processing activities before your withdrawal.

Right to restrict processing – You may request us to stop processing your Personal Information if you believe such information is collected unlawfully or you have other particular reason for wanting the restriction by (a) using the Help or Feedback function on Spark9 Services or (b) by sending your request to us via email at legal@spark9asia.com. We will examine your request and respond accordingly.

Right to object – You may object to the processing of any Personal Information we collect about you if such information is collected based on legitimate interests at any time by (a) using the Help or Feedback function on Spark9 Services or (b) by sending your request to us via email at legal@spark9asia.com. Please note that we may reject your request if we demonstrate compelling legitimate grounds for the processing which override your interests and freedom or if the processing is for the establishment, exercise, or defence of legal claims.

Right in relation to automated decision making and profiling – You may ask us to stop automated decision making or profiling you if you believe such automated decision making and profiling has a legal or similarly significant effect upon you by (a) using the Help or Feedback function on Spark9 Services or (b) by sending your request to us via email at legal@spark9asia.com. We will examine your request and let you know if it applies to the relevant laws and regulations.

In addition to the preceding rights, you can lodge complaints before the competent Data Protection Authority (“DPA”), usually the DPA of your home country.

Children

We are committed to protecting users’ privacy under the age of consent in the relevant countries (“Young User”). Spark9 Services is not directed to Young Users, and if you are under the age of majority as required by the laws of the country of your domicile or 18 if you use our live streaming services, you may not create a Spark9 account, or you will be directed to the model specifically designed for Young Users, in which we will collect only limited information. For information regarding our privacy practices in the EEA and Switzerland concerning Young Users, please visit our Privacy Policy for Young Users.

If you believe we have inappropriately collected personal information from a Young User, please get in touch with us at legal@spark9asia.com.

Retention

We will retain your Personal Information for as long as reasonably necessary for the purposes described in this privacy policy, while we have a legitimate business need to do so in connection with your account or as required by laws (for example, for legal, tax, accounting or other purposes), whichever is the longer.

To determine the appropriate retention period for your Personal Information, we will consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorised use or disclosure of your Personal Information, the purposes for which we use your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements.

General Terms

Introduction

How We Collect Your Information

Information You Consent to Provide

Information We Collect for Legitimate Interests

How We Use Your Information

How We Share Your Information

Third-Party Applications

Your Rights

How We Transfer Your Information

How Long We Keep Your Information

How To Manage Your Account And Information

Security Of Your Information

Children Protection

Modifications

Contact Information

U.S Terms

Introduction

Contact Information

Information We Collect About You

Information You Opt to Provide

Information We Obtain from Third-Party Sources

Information We Collect Automatically

How We Use Your Information

Sharing Or Disclosure Of Your Information

Third-Party Applications

Transfers Of Your Personal Information To Other Countries

Security Of Your Personal Information

Choices Regarding Your Personal Information

Your Rights

Children

Retention

No Error-Free Performance

Changes To Our Privacy Policy

EEA & Switzerland

Introduction

Contact Information

Information We Collect About You

Information You Consent to Provide

Information We Collect for Legitimate Interests

How We Use Your Information

Sharing Or Disclosure Of Your Information

Links To Third-Party Websites Or Applications

Transfers Of Your Personal Information To Other Countries

Security Of Your Personal Information

Choices Regarding Your Personal Information

Your Rights

Children

Retention

No Error-Free Performance

Changes To Our Privacy Policy

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