SPARK CHART PTY LTD ACN 167 180 127 (Spark Chart, we, us or our) owns and operates the website www.sparkchart.com which is a web based survey tool to gather and share opinions, feedback, information and ideas (“Services“) for business users of the Services (“you”, “your” or “yourself”).
1.2. We are committed to protecting the privacy of everyone who uses our Services, for them to understand what Personal Information we collect and store, and why we do so, how we receive and/or obtain that information, the rights an individual has with respect to their Personal Information in our possession, and complying with the Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act)in Australia, the General Data Protection Regulation in the European Union and United Kingdom, and under the EU-U.S. Privacy Shield).
2. The information we collect
2.1. As Spark Chart is a business to business Service, to provide the Services we may collect Personal Information that allows us to deliver the Services. The type of information we may collect includes:
- Personal Information. We may collect personal details such as an individual’s name, email address and business address allowing us to identify who the individual is;
- Contact Information. We collect information such as an individual’s email address, telephone number, third-party user names, business and postal address and other information that allows us to contact the individual;
- Financial Information. We collect financial information such as any bank or credit card details used to transact with us and other information that allows us to transact with the individual and/or provide them with our services;
- Survey responses and Statistical Information. We collect information from an individual when they respond to a survey when using the Services.
3. How information is collected and where it is stored or shared
3.1 Information is collected in association with an individual’s use of the Services, an enquiry about Spark Chart or generally dealing with us.
3.2 We only keep your data for as long as we need to in order to provide the Services to you and for as long as we have your permission to keep it.
3.3 Some or all of your data may be stored or transferred outside of the European Economic Area (“the EEA”). The EEA consists of all EU member states, plus Norway, Iceland and Liechtenstein. You are deemed to accept and agree to this by using our site and services and submitting information to us. If we do store or transfer data outside the EEA, we will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the EEA and under the GDPR.
3.4 Data security is of great importance to us, and to protect your data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through our site.
3.5 Notwithstanding the security measures that we take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to us data via the internet.
3.6 We may contract with third parties to supply products and services to you on our behalf. These may include payment processing, delivery of goods, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under the law.
3.7 We may compile statistics about the use of our site including data on traffic, usage patterns, user numbers, sales and other information. All such data will be anonymised and will not include any personally identifying information. We may from time to time share such data with third parties such as prospective investors, affiliates, partners and advertisers. Data will only be shared and used within the bounds of the law.
3.8 In certain circumstances we may be legally required to share certain data held by us, which may include your personal information, for example, where we are involved in legal proceedings, where we are complying with the requirements of legislation, a court order, or a governmental authority. We do not require any further consent from you in order to share your data in such circumstances and will comply as required with any legally binding request that is made of us.
4. If you develop and distribute surveys
4.1. The survey data created in your surveys is owned by you, the survey creator. Spark Chart treats surveys as if they were private. We do not sell your survey data to anyone. We do not use your survey data for any purpose unrelated to you or our Services, unless you give us permission to do so or we are compelled by law.
4.2. We safeguard respondents’ email addresses. To make it easier for you to invite people to take your surveys via email, you may upload lists of email addresses, in which case Spark Chart acts as a custodian of that data. We do not sell these email addresses. We use them only as directed by you and in accordance with this policy.
4.3 With your permission and/or where permitted by law, we may also use your data for marketing purposes which may include contacting you by email with information, news and offers on our services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that we fully protect your privacy rights and comply with our privacy obligations.
4.4 We will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies:
a) you have given consent to the processing of your personal data for one or more specific purposes;
b) processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract;
c) processing is necessary for compliance with a legal obligation to which we are subject;
d) processing is necessary to protect the vital interests of you or of another natural person;
e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and/or
f) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
5. If you respond to surveys
5.1. Spark Chart acts as a custodian on behalf of the survey creator who controls your data. Surveys are administered by survey creators (Spark Chart account holders) using our Services. We host the surveys on our website and collect the responses that you submit to the survey creator.
5.3. The anonymity of your responses depends on how the survey creator has configured the survey. Please contact the survey creator to find out their anonymity policies.
5.4. We do not sell your responses to third parties (although the survey creator might, so check with them).
5.5. If you are not able to contact the survey creator, please let us know. Spark Chart is not the data controller of responses, however we will help you contact the Spark Chart account holder.
6. When personal information is used and disclosed
6.1. In general, the primary principle is that we will not use any Personal Information other than for the purpose for which it was collected other than with the individual’s permission. For example, We use the any Personal Information provided when an order is placed only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order.
6.3. We will not disclose or sell an individual’s Personal Information to unrelated third parties under any circumstances.
6.4. Information is also used to enable us to operate our business, especially as it relates to an individual. This may include:
- Verifying an individual’s identity;
- Communicating with an individual about:
(i) Their relationship with us;
(ii) Our Services;
(iii) Our own marketing and promotions to customers and prospects;
(iv) Competitions, surveys and questionnaires;
(v) Investigating any complaints about or made by an individual, or if we have reason to suspect that an individual is in breach of any of our terms and conditions or that an individual is or has been otherwise engaged in any unlawful activity.
(vi) Our staff may need to access your data to provide technical support if you open a support ticket or use our consulting services. Our staff may need to log into your account to enable us to respond and deliver our services.
6.5. There are some circumstances in which we must disclose an individual’s information:
- Where we reasonably believe that an individual may be engaged in fraudulent, deceptive or unlawful activity that a governmental authority should be made aware of;
- As required by any law (including the Privacy Act); and/or
- In order to sell our business (in that we may need to transfer Personal Information to a new owner).
7. Sensitive information
Sensitive information is information about you that reveals your racial or ethnic origin, political opinions, religious or philosophical beliefs or affiliations, membership of a professional or trade association, membership of a trade union, details of health, disability, sexual orientation or criminal record.
It is our policy to only collect your sensitive information where it is reasonably necessary for our functions or activities and either you have consented or we are required or authorised under law to do so.
8. Opting “IN”or “OUT”
8.1. An individual may opt to not have us collect their Personal Information. This may prevent us from offering them some or all of our services and may terminate their access to some or all of the services they access with or through us. They will be aware of this when the Privacy Principals apply to us:
- Opt In. Where the individual will have the right to choose to have information collected and/or receive information from us; or
- Opt Out. Where relevant, the individual will have the right to choose to exclude himself or herself from some or all collection of information and/or receiving information from us.
8.2. If an individual believes that they have received information from us that they did not opt in or out to receive, they should contact us on the details below.
9. The safety & security of personal information
9.1. We will take all reasonable precautions to protect an individual’s Personal Information from unauthorised access. This includes appropriately securing our physical facilities and electronic networks.
9.3. Spark Chart uses https encryption to store and transfer Personal Information. Despite this, the security of online transactions and the security of communications sent by electronic means or by post cannot be guaranteed. Each individual that provides information to us via the Internet or by post does so at their own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, Personal Information where the security of information is not within our control.
9.4. We are not responsible for the privacy or security practices of any third party (including third parties that we are permitted to disclose an individual’s Personal Information to in accordance with this policy or any applicable laws). The collection and use of an individual’s information by such third parties may be subject to separate privacy and security policies.
9.5. If an individual suspects any misuse or loss of, or unauthorised access to, their Personal Information, they should let us know immediately.
9.6. We are not liable for any loss, damage or claim arising out of another person’s use of the Personal Information where we were authorised to provide that person with the Personal Information
10. How to access and/or update information
10.1. Users of the Service can update their Personal Information from within their Spark Chart account.
10.2. Subject to the Australian Privacy Principles, an individual has the right to request from us the Personal Information that we have about them, and we have an obligation to provide them with such information within 28 days of receiving their written request.
10.3. If an individual cannot update its own information, we will correct any errors in the Personal Information we hold about an individual within 7 days of receiving written notice from them about those errors.
10.4. It is an individual’s responsibility to provide us with accurate and truthful Personal Information. We cannot be liable for any information that is provided to us that is incorrect.
11. Your rights (including European users under the GDPR, other users under the EU-U.S. Privacy Shield and Australian users under the Privacy Act 1988)
11.1 You have certain legal rights to obtain information about whether we hold personal information about you, to access the information we hold, and to update, amend or delete information in proper circumstances. In some instances, these rights may be subject to exceptions or limitations. We will respond to any request to exercise these rights immediately.
11.2 Creators who hold a Spark Chart account are entitled to a copy of all their personal data which we hold. You can request that we restrict the use your data or object to our treatment of your data. Your data is accessible in your Spark Chart account when logged in. Contact us to obtain a complete copy of all your data. You can export your own survey response data from Spark Chart allowing you to back up the data or use it with other applications.
11.3 Respondents who have responded to a survey sent by a survey Creator using Spark Chart can contact that survey Creator and make requests to manage, delete or withdraw consent to use the information you provided. Spark Chart does not control your response data. In need, we will assist you to contact the survey Creator.
11.4 Where Spark Chart acts as a survey Creator, acting as a data controller, and you wish to exercise your rights with respect to your respondent data, please contact us.
12. Complaints and disputes
12.1. If an individual needs to contact us or has a complaint about our handling of their Personal Information, they should address their communication in writing to the details below:
Level 10, The Quadrant
1 William Street
Perth Western Australia 6000
12.2. If we have a dispute regarding an individual’s Personal Information, we both must first attempt to resolve the issue directly between us.
12.3. If we become aware of any unauthorised access to an individual’s Personal Information we will inform them at the earliest practical opportunity once we have established what was accessed and how it was accessed.
13. Additions to this policy