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Privacy Policy

Effective Date: January 1st, 2006

 

ClickSpark.com (the "ClickSpark Website"), an Internet property of ClickSpark, LLC ("ClickSpark," "we" or "us"), is an online advertising network that allows ClickSpark Customers and Affiliates (each defined in the applicable ClickSpark.com Insertion Order Standard Terms and Conditions for Customers and Affiliates) to enter into mutually beneficial marketing relationships. Potential Customers and Affiliates must complete and accept the terms of the applicable ClickSpark.com Insertion Order Standard Terms and Conditions for ClickSpark Customers and Affiliates (the "Agreements"). In order to complete these Agreements, potential Customers and Affiliates must submit certain personally identifiable information. None of the information that we gather can be used by the public to identify specific individuals.  ClickSpark services are strictly optional. Please be advised that ClickSpark collects credit card, address, bank and/or other personally identifiable Registration Data (as defined herein below) only from those individuals and/or entities that choose to participate in the ClickSpark Customer and/or Affiliate program. Because we offer a variety of services to distinct Users (as defined herein below), this Privacy Policy contains provisions applicable to ClickSpark Users, as well as Affiliates and Customers.

 

I. Users

 

Data Collection and Use

Generally speaking, the ClickSpark network is not intended for use by individuals that are simply visitors to the ClickSpark Website and neither a Customer, nor or an Affiliate of ClickSpark ("Users"). ClickSpark does not request or collect any personally identifiable information directly from such Users.

 

However, ClickSpark collects Users' server, IP address and browser-type related data as part of the general administration of the ClickSpark Website ("Data"). This Data is comprised of the demographic, usage and/or other characteristics of ClickSpark Website Users as a group without any associated personally identifiable information. ClickSpark reserves the right to release current or past Data and Cookie (as defined herein below) information: (i) if the information is subpoenaed; (ii) in the event that ClickSpark believes that the ClickSpark Website is being or has been used in violation of the Agreements or to commit illegal acts; (iii) if ClickSpark is bought, sold or purchased; or (iv) when ClickSpark, in its sole discretion, deems it necessary or appropriate.

 

While ClickSpark encourages Customers, Affiliates and/or partners to implement responsible approaches to online marketing, ClickSpark is not responsible for the information practices of its Customers, Affiliates and/or partners. The collection, recordation, use and disclosure of information by Customers, Affiliates and/or partners is subject to their respective privacy policies, which may vary from the terms and conditions set forth in this Privacy Policy. ClickSpark reserves the right to use all Data and Cookie information associated with Users to investigate fraudulent or other claims made against ClickSpark.

 

ClickSpark may disclose data regarding a User's Compensable Transactions (as defined in the Agreements) to an applicable Customer and/or approved Affiliate as needed in connection with the transactions made through the ClickSpark Website.

If you are a resident of the State of California and would like to opt-out from the disclosure of your personal information to any third party for marketing purposes, please Click here.

Cookies

When a User visits the ClickSpark Website, we send a cookie and/or gif file ("Cookies") to assign an anonymous, unique identifier to the applicable User's Internet browser. A Cookie is a piece of data stored on User hard drives containing non-personally identifiable information about the User. Cookies enhance a User's experience at the ClickSpark Website. To find out more about Cookies, please visit www.cookiecentral.com. Except as provided below, even in the case where a User rejects a Cookie, he or she may still use the ClickSpark Website. When any User responds to or views any of the creative materials served by ClickSpark, we send a Cookie to the applicable User's Internet browser ("Transaction Cookie"). The function of the Transaction Cookie is to provide ClickSpark with information for the purpose of paying third-parties commissions when an Internet User clicks on a link, creates a lead, or makes a purchase on an applicable ClickSpark Customer website; and also to optimize and personalize the Internet User's experience. If the Internet User re-visits the applicable Customer website directly, ClickSpark is able to continue to track the User's activities on the Customer's website and reward the Affiliate that referred the User to the applicable Customer website. These Transaction Cookies are required to operate ClickSpark's reporting systems and there is no method to opt-out of or disable Transaction Cookies. We reserve the right to employ User source information, including applicable category and interest(s), for the marketing of targeted email messages. This source information may be shared with our third-party marketing partners. ClickSpark reserves the right to retain Cookie data indefinitely.

Third-Party Links

The ClickSpark Website contains links to third-party websites. Please be aware that ClickSpark is not responsible for the privacy practices of other third-party websites. We encourage our Users to be conscious of when they leave the ClickSpark Website and to carefully examine the privacy policies of each and every website that collects personally identifiable information. This Privacy Policy applies solely to information collected by the ClickSpark Website.

 

Modifications

 

If ClickSpark modifies its Privacy Policy, we will prominently post a link to those changes on our homepage. Upon such posting, Users are thereby placed on notice as to any changes/modifications in what information ClickSpark collects, how ClickSpark uses it and under what circumstances, if any, ClickSpark discloses it to third-parties. If at any point ClickSpark decides to use the User's personally identifiable information in a manner different from that stated at the time it was collected, ClickSpark will notify the applicable User by email. The User's continued use of the ClickSpark service and/or continued receipt of ClickSpark emails after posting of the Privacy Policy change on the ClickSpark Website, or receipt of a Privacy Policy change notification email, as applicable, constitutes an affirmative acknowledgement and acceptance by the User of the modified Privacy Policy.

 

Security

 

ClickSpark employs industry standard safeguards to protect a User's information. When a User submits sensitive information via the ClickSpark Website, we endeavor to keep such User information protected both online and off-line. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, ClickSpark cannot guarantee the security of any information that a User transmits to ClickSpark, and all Users do so at their own risk. All Data and Cookie information is restricted in our offices. Only employees who need the Data and Cookie information to perform a specific job are granted access to it. All such employees are contractually bound to adhere to our security protocols. If you have any questions about the security related to the ClickSpark Website, please Click here.

 

Opt-out

Users who no longer wish to receive our emails may opt-out of receiving these transmissions by following the instructions contained in all email communications received from ClickSpark.

 

Children's Privacy


We endeavor to protect the privacy of children using the Internet. The ClickSpark Website, products and services are not developed for or directed at children. Visitors under eighteen (18) years of age are not eligible to do business with ClickSpark. ClickSpark does not knowingly solicit or collect personal information from any individual that we actually know is under the age of eighteen (18). ClickSpark encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children. If you believe that your child has provided ClickSpark with any personally identifiable information, please Click here to contact us and have this information removed.

 

Limitation Of Liability


YOU UNDERSTAND AND AGREE THAT ANY DISPUTE OVER PRIVACY IS SUBJECT TO THE TERMS OF THIS PRIVACY POLICY AND THE ClickSpark WEBSITE TERMSAND CONDITIONS. YOU AGREE THAT ClickSpark'S LIABILITY FOR ANY BREACH OF THIS PRIVACY POLICY SHALL BE LIMITED TO THE GREATER OF THE VALUE OF THE TRANSACTIONS OR SERVICES PROVIDED TO YOU BY ClickSpark OR $300, TO THE EXTENT SUCH CLAIM IS NOT OTHERWISE BARRED BY THE ClickSpark WEBSITE TERMS AND CONDITIONS.

 

Contacting the ClickSpark Website


If you have any questions about this Privacy Policy, the practices of the ClickSpark Website, or your dealings with the ClickSpark Website, please Click here.

 

II. Customers and Affiliates

 

Data Collection and Use

Registering with ClickSpark as an Affiliate requires the completion of several online forms. Such forms require that the Affiliate submit information to ClickSpark. Such information may or may not include the following personally identifiable information: a) name; b) phone number; c) address; d) email address e) date of birth; f) credit card number and/or checking account information for payment; and g) an Affiliate-specific password (collectively "Registration Data").

 

With respect to ClickSpark Customers, ClickSpark also collects certain personally identifiable information (the "Profile Statistics"). The Profile Statistics shall include, but not be limited to, the foregoing Registration Data, the geographical location of Customer, the types of websites operated by Customer, the volume of traffic for such websites, the types of products and/or services offered by Customer, the sales data related to such products and/or services and any and all other statistics and data related to Customer marketing campaigns. All personally identifiable information that ClickSpark collects from Customer is only intended for administrative needs (e.g., accounting and pay-out and performance reporting), for which purpose such data is required.

 

ClickSpark does not collect information about Compensable Transactions (as defined in the Agreements), other than what it receives through the installed Transaction Tracking Codes (as defined in the Agreements). ClickSpark reserves the right to utilize such data, which may include information about Customer Profile Statistics (as defined herein below), to analyze the performance of the ClickSpark affiliate program, monitor the use of the Transaction Tracking Codes, and promote the ClickSpark network's performance and functionality and to promote Customer and/or its marketing campaign to Affiliates.

 

When any User responds to or views any of the Creative (as that term is defined in the Agreement) served by ClickSpark, we send a Transaction Cookie and/or gif file to assign an anonymous, unique identifier to the applicable consumer's Internet browser. The function of these Transaction Cookies is to provide ClickSpark with information for the purpose of paying commissions to applicable parties when an Internet User clicks on a link, creates a lead or makes a purchase on a Customer's website. If the Internet User re-visits the Customer's website directly, ClickSpark is able to continue to track the Internet User's activities on the Customer's website and reward the Affiliate that referred the Internet User. In addition, when a Customer and/or Affiliate logs on to the ClickSpark Website, a Cookie is placed within their computer. The purpose of the Cookie is to allow ClickSpark to validate the identity of the Customer and/or Affiliate and maintain the security and privacy of their Registration Data. This Cookie is required to log into the ClickSpark Website and there is no method to opt-out of this Cookie.

ClickSpark may provide email address and basic account information to a Customer or Affiliate to facilitate a potential or continued working relationship between the Customer and Affiliate. Once an affiliation is established, the Customer and Affiliate (or their agents or other third parties as designated by the applicable Customer or Affiliate) will have access to their respective campaign information and Registration Data, including anonymous Internet User transaction data for Internet Users referred by the Affiliate and any other information that a Customer and/or Affiliate may instruct ClickSpark to disclose. While ClickSpark strongly encourages Customers and/or Affiliates to adopt responsible approaches to online marketing, ClickSpark is not responsible for the information practices of Customers and/or Affiliates or their partners.

 

Except as may be agreed to between ClickSpark and an applicable Customer and/or Affiliate, all personally identifiable Registration Data provided by individual Customers and/or Affiliates will be kept in strict confidence by ClickSpark and will be treated with the same level of confidentiality that it treats other proprietary information and trade secrets. ClickSpark will never sell, rent, exchange or barter any personally identifiable Registration Data to or with any third party for financial gain or marketing purposes. ClickSpark may, from time to time, provide such Registration Data to certain third-party administrative vendors for efficiency purposes in providing administrative or program management services such as billing, delivery and payouts. Any third-party vendor so used has agreed to protect the confidentiality of information provided by ClickSpark.

 

ClickSpark may share personally identifiable Registration Data in connection with its affiliated entities or in connection with the sale, merger, consolidation, change in control, transfer of substantial assets or reorganization or liquidation of ClickSpark. ClickSpark may release account and any other personally identifiable Registration Data when we believe release is appropriate to respond to a subpoena or to otherwise comply with the law; enforce or apply the Agreement, the ClickSpark Website Terms and Conditions and other agreements; and/or to protect the rights, property or safety of ClickSpark or others. This includes exchanging information with other companies and organizations for fraud protection.

 

Third-Party Links

The ClickSpark Website contains links to other third-party websites. Please be advised that ClickSpark is not responsible for the privacy practices of other third-party websites. We encourage our Customers and/or Affiliates to be aware when they leave the ClickSpark Website and to read the privacy policies of each and every website that collects personally identifiable information.

 

Modifications

 

With respect to Registration Data, ClickSpark gives Customers and/or Affiliates several options for modifying or removing their Registration Data from our database. Please contact us for an explanation.

 

If we modify this Privacy Policy, we will prominently post a link to those changes on our Homepage so our Customers and/or Affiliates are always aware of what Registration Data we collect, how we use it and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable Registration Data in a manner different from that stated at the time it was collected, we will notify Customers and/or Affiliates by way of an email. The Customer's and/or Affiliate's continued use of the ClickSpark service and/or continued receipt of ClickSpark emails after posting of the Privacy Policy change on the ClickSpark Website, or receipt of a Privacy Policy change notification email, as applicable, constitutes an affirmative acknowledgement and acceptance by the Customer and/or Affiliate of the modified Privacy Policy.

 

Security

ClickSpark employs industry standard safeguards to protect our Customers' and/or Affiliates' information. When Customers and/or Affiliates submit sensitive Registration Data via the ClickSpark Website, we endeavor to keep the applicable Registration Data protected both online and off-line. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your Registration Data, we cannot ensure or warrant the security of any Registration Data that you transmit to us, and you do so at your own risk.


When we ask Customers and/or Affiliates to enter sensitive information (such as a credit card number and/or checking account information), and when such information is stored and/or transmitted, that information is encrypted and is protected with SSL encryption software. While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect Customer and/or Affiliate Registration Data off-line. All of our Customers' and/or Affiliates' Registration Data, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example a billing clerk or a customer service representative) are granted access to personally identifiable Registration Data. All such employees are contractually bound to adhere to our security protocols, which they must verify that they have read and understand. There is a clearly defined process for addressing any security incidents that are detected by ClickSpark. The practices for handling sensitive information are disseminated to all of our employees.


If you have any questions about the security related to our Website, please Click here.

 

Opt-out

Customers and/or Affiliates who no longer wish to receive our notification emails may opt-out of receiving these communications by following the instructions contained in all email communications that they receive from us.

 

Children's Privacy


ClickSpark is very sensitive to the issue of children's privacy and, therefore, we endeavor to protect the privacy of children using the Internet. The ClickSpark Website, products and services are not developed for or directed at children. Visitors under eighteen (18) years of age are not eligible to do business with us and we do not knowingly solicit or collect personal information from any person we actually know is under the age of eighteen (18). ClickSpark encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children. If you believe that your child has provided ClickSpark with any personally identifiable information, please Click here to contact us and have this information removed.

 

Limitation Of Liability


YOU UNDERSTAND AND AGREE THAT ANY DISPUTE OVER PRIVACY IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND THE ClickSpark WEBSITE TERMS AND CONDITIONS AND/OR YOUR AFFILIATE AGREEMENT OR CUSTOMER AGREEMENT, AS APPLICABLE. YOU AGREE THAT ClickSpark'S LIABILITY FOR ANY BREACH OF THIS PRIVACY POLICY SHALL BE LIMITED TO THE GREATER OF THE VALUE OF THE TRANSACTIONS OR SERVICES PROVIDED TO YOU BY ClickSpark OR $300, TO THE EXTENT SUCH CLAIM IS NOT OTHERWISE BARRED BY THE ClickSpark WEBSITE TERMS AND CONDITIONS AND/OR YOUR AFFILIATE AGREEMENT OR CUSTOMER AGREEMENT, AS APPLICABLE. You also agree that you have provided notice to, and obtained consent from, any and all third-party individuals whose personal information you supply to ClickSpark.

 

Contacting the ClickSpark Website


If you have any questions about this Privacy Policy, the practices of the ClickSpark Website, or your dealings with the ClickSpark Website, please Click here.