Privacy Policy

GeoSpark, Inc. located at 2035 Sunset Lake Road, Suite B-2, Newark, New Castle, Delaware - 19702, henceforth referred to by the terms "GeoSpark," "we," "us," and "our" in this document, provides this privacy policy, referred to in this document by the term "Privacy Policyā€¯. We believe in complete transparency to our consumers on how their information and data is collected and used. This Privacy Policy document includes our treatment of PII ("Personally Identifiable Information"), which comprises data that we obtain through our Services, but not to the practices of companies which are neither owned nor controlled by us, or people who are not managed by us.
On using or accessing the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy and you hereby consent that we will collect, use, and share data and information in the ways mentioned in this Privacy Policy.

Your use of GeoSpark's Services is at all times subject to the GeoSpark Terms of Use referred to by the term "The Terms",available at https://geospark.co/termsofservice, which incorporates this Privacy Policy. All terms used in this Privacy Policy without defining them have the definitions given to them in The Terms.


1. Introduction

GeoSpark offers its Services to application developers. GeoSpark's Services enable developers to collect, analyze, and act on location data obtained from individual devices. All of GeoSpark's developers and partners are referred to collectively as our "Clients."
This Privacy Policy explains how we may collect, use, store, and disclose information about the end users, referred to by the term "End Users", of third-party mobile applications and Clients who use our Services.
This Privacy Policy includes our processing of Personal Data that are gathered by us when you access or use our Services, but not to the practices of companies which are neither owned nor controlled by us, or people who are not managed by us. As used in this Privacy Policy, "Personal Data" means all types of PII (Personally Identifiable Information), and "processing" means all actions that can be executed concerning the personal which includes collection, use, storage and disclosure.

Various forms of Personal Data are collected from our users which is explained briefly below.
This Personal Data is used internally in regard to our Services, so as to personalize, provide, and improve our services, to enable you to set up a user account and profile, to contact you as well as enable other users to contact you, to fulfill your requirements for specific products and services, and to analyze your usage of the Services. We may also share specific Personal Data with third parties, but limited to the description below.
If you are a resident of the European Union, referred to as "EU", United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation, referred to as the "GDPR", pertaining to your Personal Data, as mentioned below. GeoSpark may be the controller of your Personal Data processed with regard to the Services. If you have any queries regarding this section or if any of the following is applicable to you, please contact us at legal@geospark.co. We may also process Personal Data of end users of our customers with regards to our provision of services to customers, in which case we are the processor of Personal Data. In the case of us being the processor of your Personal Data and not the controller, you are to contact the controller party in the first instance to address your rights in regards to such data.

2. End User Information

The information that is collected by us from End Users automatically via our Services on behalf of our Clients is referred to as "SDK Information." SDK Information shall be used only to provide the Services to our Clients, and for no other purpose. Access to your SDK Information will not be provided by us to any other third party without your consent. The SDK Information may include, without limitation, the following types of data, some of which may be Personal Data:
We may share the SDK Information with third parties in the following ways:
This Privacy Policy does not apply to SDK Information or to the products, services and applications of our Clients, referred to as "Client Services". We do not hold responsibility for teh SDK Information being handled by our Clients. Our Clients have their own policies regarding the collection, use and disclosure of your Personal Data. For information on how a particular Client handles your personal information, we encourage you to read the Client's privacy statement. Our use of SDK Information provided by our Clients with regard to our Services is subject to the written agreement between us and the Client.

3. Information We Collect From You

If you are a Client, your Personal Data will be collected by us when you sign up and register for the Services, referred to as "Client Information". The Client Information may include, the following types of data without limitation, some of which may be Personal Data:
Cookies. On visiting our site, we will send you a cookie, which is a small file stored on your computer that allows us to uniquely identify it. Where required by applicable law, we obtain your consent for the use of cookies. You may choose to delete or not accept our cookies as described in this privacy policy. If you delete or choose not to accept our cookies, you may not be able to utilize all the features of our products and services. If you are a resident of the EU or other jurisdiction that requires us to obtain your consent to use cookies on our sites, then you will have an opportunity to manage your cookie preferences on such sites; except that certain cookies are essential to enable core site functionality, and you cannot choose to disable those cookies. Through cookies that we place on your browser or device, we may collect information about your online activity after you leave our Services. Just like any other usage information we collect, this information allows us to improve the Services and customize your online experience, and otherwise as described in this Privacy Policy. Your browser may offer you a "Do Not Track" option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and/or across different websites. Our Services do not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Services and after you leave our Services.
Third Party Analytics. Our Services may use third party analytics tools, such as Segment, Google Analytics, and Amplitude, referred to as the "Analytics Providers", that use cookies, web beacons, or other similar information gathering technologies to collect standard internet log information and usage information. The information generated is used to collect and compile statistical reports on user activity. The Analytics Providers collects information such as how often users visit a website, what pages they visit when they do so, and what other websites they visited prior to coming to a website. We use the information obtained from these applications only to improve our Services, our product and service offerings. The information generated about your use of our Services will be transferred and saved to the vendor's server in the United States.

4. How We Use Your Personal Data

Client information is processed in order to operate, improve, understand and personalize our Services. For example, we use Client Information to:
We will only process your Client Information if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our "legitimate interests" or the legitimate interest of others, as further described below.
Contractual Necessity: We process the categories of Client Information mentioned below as a matter of "contractual necessity", meaning that we need to process the data to perform under our Terms of Service with you, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such Client Information will result in your inability to use some or all portions of the Services that require such data.
Legitimate Interest: We process the following categories of Client Information when we believe it furthers the legitimate interest of us or third parties. Examples of these legitimate interests include:
Consent: In certain cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data, for example marketing and promotional emails. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.
Information that's no longer personally identifiable. We may anonymize your Personal Data so that you are not individually identified, and provide that information to our partners. We may also provide aggregate usage information to our partners, who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience. However, we never disclose aggregate usage information to a partner in a manner that would identify you personally, as an individual. For example, we currently use Analytics Providers to perform and support our marketing and analytics functions as described in this Privacy Policy.

5. With Whom We Share Your Personal Data

We may share Client Information with vendors, third party service providers and agents who work on our behalf and provide us with services related to the purposes described in this Privacy Policy or our Terms. These parties may include:
We also share Client Information when necessary to complete a transaction initiated or authorized by you or provide you with a product or service you have requested. In addition to those set forth above, these parties also include:
We also share information with third parties when you have given us consent to do so (as indicated at the point such information is collected). We also share Personal Data when we believe it is necessary to:
Furthermore, if we choose to buy or sell assets, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party, and we would share Personal Data with the party that is acquiring our assets. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Data as set forth in this policy.

6. Consumer Control and Opt Out Options

End Users can opt out of sharing their location by turning off location services. On iOS, go to Settings > Privacy > Location Services. On Android, go to Settings > Location. When you opt out of location sharing, the Services no longer collect any location based-data from your device. End Users can also opt out of sharing their mobile advertising identifiers. On iOS, go to Settings > Privacy > Advertising and turn on "Limit Ad Tracking." On Android, go to Settings > Google > Ads and turn on "Opt Out of Ads Personalization." If End Users opt out from sharing the aforementioned data with us, please note that the Services provided may be affected and some features may be unavailable. Please note that the instructions above may change.

7. Notice of EU-U.S. and Swiss-U.S. Privacy Shield Participation

GeoSpark has certified to the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks set forth by the U.S. Department of Commerce regarding the collection and use of Personal Data transferred from the EU and Switzerland. For more information about the Privacy Shield Program, and to view GeoSpark's certification, please visit https://www.privacyshield.gov. GeoSpark is committed to the Privacy Shield Principles of (1) notice, (2) consent, (3) accountability for onward transfer, (4) security, (5) data integrity and purpose limitation, (6) access and (7) recourse, enforcement and liability with respect to all Personal Data received from within the EU in reliance on the Privacy Shield. The Privacy Shield Principles require that we remain potentially liable if any third party processing Personal Data on our behalf fails to comply with these Privacy Shield Principles (except to the extent we are not responsible for the event giving rise to any alleged damage). GeoSpark's compliance with the Privacy Shield is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.
The Services are hosted and operated in the United States ("U.S.") through GeoSpark and its service providers, and laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you and End Users, regardless of whether provided by you or obtained from a third-party, is being provided to GeoSpark in the U.S. and will be hosted on U.S. servers, and you authorize GeoSpark to transfer, store and process your information to and in the U.S., and possibly other countries. You hereby consent to the transfer of your data to the U.S. pursuant to the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks.

8. Data Access and Retention

Generally speaking, we retain the SDK Information for as long as necessary to achieve our objectives as detailed in this Privacy Policy, and to comply with our legal obligations, resolve disputes, and enforce our Terms and other agreements.
You can contact us at legal@geospark.co if you have any other questions about access to, or correction or deletion of, your Personal Data or SDK Information.
California Privacy Rights: Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: GeoSpark Labs, Inc., 20 Jay Street, Suite 704, Brooklyn, NY 11201

9. Personal Data of Children

As noted in the Terms, we do not knowingly collect or solicit personal information from anyone under the age of 13. Please do not send any personal information about any children under the age of 13 to us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at legal@geospark.co.

10. Data Security

We have administrative, technical, and physical safeguards in place in our physical facilities and in our computer systems, databases, and communications networks that are intended to protect information contained within our systems (including SDK Information) against unauthorized loss, misuse, or alteration. However, no method of electronic transmission or storage is 100% secure. Therefore, we cannot guarantee absolute security of your personal information and other information and data.

11. Third-Party Websites and Applications

We are not responsible for the privacy practices or disclosures of our Clients or any other websites and applications that use our Services. Likewise, when you access the GeoSpark Website, you may be directed to other websites that are also beyond our control. We encourage you to read the applicable privacy policies and terms and conditions of such third parties and websites, and the industry tools that we have referenced in this Privacy Policy. This Privacy Policy, however, only applies to the GeoSpark Website and Services.

12. EU Residents

If you are a resident of the European Union ( "EU"), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the "GDPR") with respect to your Personal Data, as outlined below. For this section, we use the terms "Personal Data" and "processing" as they are defined in the GDPR, but "Personal Data" generally means information that can be used to individually identify a person, and "processing" generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Company will be the controller of your Personal Data processed in connection with the Services. If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at legal@geospark.co. For purposes of this section only, Personal Data shall be limited to Client Information.
What Personal Data Do We Collect From You? Please see the Section "Information We Collect From You" above for details of the Personal Data we collect.
Information we collect directly from you: We receive Personal Data directly from you when you provide us with such Personal Data.
How Do We Use Your Personal Data? Please refer to the Section "With Whom We Share Your Personal Data" above for details on how we use and process your Personal Data.
How Long Do We Retain Your Personal Data? We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you Services. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally. We also may retain your information during the period of time needed for us to pursue our legitimate business interests, conduct audits, comply with our legal obligations, resolve disputes and enforce our agreements.
What Rights Do You Have Regarding Your Personal Data? You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please contact us at legal@geospark.co. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.
13. Questions, Concerns, or Complaints

If you have any questions or concerns regarding privacy using the Services or about our Privacy Shield Certification, please send us a detailed message to legal@geospark.co, and we will make every attempt to resolve your concerns. If you do not receive timely acknowledgment of your Privacy Shield-related complaint from us, or if we have not resolved your complaint, you may also resolve a Privacy Shield-related complaint through our third-party dispute resolution provider located in the United States. Under certain conditions, you may also be entitled to invoke binding arbitration for complaints not resolved by other means.

14. Contacting Us

If you have any questions regarding this Privacy Policy, or would like to request that we delete any SDK Information about you that is collected or stored through the Services, please contact us at legal@geospark.co.

15. Changes

This Privacy Policy is subject to change in our sole discretion from time to time. When we do, we will revise the "last updated" date given below. It is your responsibility to review this Privacy Policy frequently and to remain informed of any changes. The then-current version of this Privacy Policy will supersede all earlier versions. You agree that your continued use of the Services after such changes have been published to will constitute your acceptance of the revised Privacy Policy.

Last updated: Oct 31, 2018