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Privacy Policy

OrderSpark.com

Privacy Policy


Last Updated: April 20th, 2021


OrderSpark.com is a website owned and operated by OrderSpark INC. and its affiliates (“OrderSpark”, “we” or “us”).  

Your privacy is very important to us and in order to best protect your information, we have adopted this privacy policy (“Privacy Policy”), which applies to any and all information you submit to us in connection with your access to and/or use of the Website. It is important to note that this Privacy Policy only applies to information that we collect through OrderSpark.com, and related websites that we own and control (the “Store”).  


Therefore, if you click any links on the Service that lead to websites owned or operated by third parties or if you access any other website, including to purchase or view any merchandise or material displayed on the Service, this Privacy Policy no longer applies.


Further, if you use any features of the Service that are provided by third parties (such as Twitter and Instagram feeds), your use of those features is governed by those third parties’ agreements and policies. You should review the privacy policies adopted by those third parties to ensure that you know what information is being collected and for what it is being used. While registration is not required in order to access the Service, certain features and areas of the Service may require you to register, create an account and become a store owner (each, a “Owner” and collectively, “Owners”). Please read this Privacy Policy carefully prior to your registration for, access to, and/or use of the Website and/or Service. If you do not agree to abide by this Privacy Policy, please do not use OrderSpark.  


By submitting information to OrderSpark, you are accepting the practices described in this Privacy Policy and the Terms of Use. This Privacy Policy is governed by the Terms of Use, which includes all disclaimers of warranties and limitation of liabilities. All capitalized terms not defined in this Privacy Policy will have the meanings set forth in the Terms of Use. A copy of the Terms of Use can be found on the OrderSpark.com.  


We may change the terms of this Privacy Policy at any time. Whenever we make a material change, we will post or otherwise make available the revised policy. The effective date of the most recent version of this policy will appear at the top of this page. 


What Information We Collect and How We Collect It


Some of the information we collect is Personally Identifiable Information (“PII”). PII, collected only with your consent, may include your first and last name, email address, mailing address, phone number, website, credit card and other payment information, and any other information that you provide to us that is linked to your identity. We will only collect PII that is relevant to the services that we provide and the maintenance of the Website. This may occur, for example, in connection with registering to become a Member, purchasing a product or service on or through the Website, subscribing to any of our services, signing up to receive newsletters, responses you provide to survey questions, inquiries you may make through our Website, phone, mail or email and any other information you provide to us. Remember that you always have the option not to provide information by choosing not to use the Website or by not using the particular feature of the Website for which the information is being collected.


We also collect information through the use of “cookies” or other similar technologies. “Cookies” are alphanumeric identifiers in the form of text files that are inserted and stored by your web browser on your hard drive or via mobile IDs. OrderSpark (and, potentially, third party advertisers or other partners) may set and access cookies on your computer or mobile device to track and store preferential information about you, for purposes such as (i) recognizing you when you return to the Website and use the services, (ii) remembering any items that you have placed in your shopping cart, and (iii) personalizing the content that you see in order to ensure you enjoy your visit, etc. Such information is used within OrderSpark’s internal organization and is not shared with third party advertisers. 


You can always tell your Internet browser that you don’t want to have any cookies downloaded to your computer. Check with the provider of your particular browser to find out how. Before you do however, note that deleting cookies or directing your browser to refuse them may limit your ability to use certain portions of our Website that require cookies to function.  

The last form of information we may collect is non-personally identifying information that relates to your Store usage or is necessary for the proper functioning of the Store, such as the time and date and the extent of your usage of the Store, the location of where you use the Store, your usage preferences, how you interact with other users, which pages of the Store you visit and for how long, the mobile platform or service provider you use, your browser, your operating system, your IP address, and other unique device identifiers (“Other Information”). We may also compile this data to enable statistical analysis of our services that would be used internally or with external assistance to make improvements to our Website. We may also provide this information to third parties, including advertisers. Remember, though, that this information is not personally identifiable. If we ever associate Other Information with you as a specific and identifiable person, we will treat it as PII. 


Information collected by us may be stored and processed in the United States or any other country in which we or our agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country, where data protection laws may be different. OrderSpark makes no representation or warranty with respect to any duty to permanently store any information you may provide. By using the Service and providing us with information, you waive any claims that may arise under your own or any other local or national laws, rules, regulations or international treaties. We may from time to time transfer or merge your information collected off-line to our online databases or store off-line information in an electronic format. We may also combine information we collect online with information available from other sources, including information received from our partners. This Privacy Policy applies to your information for as long as your information is in our possession, even if you terminate or discontinue your use of the Website.


Our Use of Information


We may use the information we collect for a number of purposes. For instance we may use it to enforce the Terms of Use, respond to your inquiries and otherwise correspond with you, to process transactions that you request, to maintain your online store, to customize the content you see on the Website, to maintain the security and integrity of our Website and services, to conduct market research or surveys, and for the administration, review and/or improvement of the content of our Website and services. We may also use your information to communicate with you about services that we think may interest you and aggregate your information for market research, project planning, troubleshooting problems, and detecting and protecting against error or fraud, or as otherwise described to you at the time of collection.  


You agree that OrderSpark may use information collected about you to analyze Store usage, improve or customize the Store or the services offered through the Store, customize the content, respond to your requests, questions and comments, manage your Store account (if you have one), facilitate communications between users, and as otherwise set forth in this Privacy Policy, or as OrderSpark believes necessary to protect its rights and the rights of others, including by enforcing the Terms of Use. You also agree that OrderSpark may use your information to contact you. Unless you specifically opt out, you agree that OrderSpark may use your information to deliver information to you that is relevant to your use of the Website such as administrative notices, product enhancements or “newsletters.” By accepting the Terms of Use and this Privacy Policy, you expressly agree to receive this information, unless you specifically opt out in applicable circumstances.


OrderSpark maintains a strict “no-spam” policy. If you register for a Store and any services offered on or through the Service, you may receive newsletters, notices and/or special offers via email or text message, unless you have requested otherwise at the time of registration or as set forth below. We are dedicated to complying with the CAN-SPAM Act and will: (i) not use false or misleading subjects or email addresses; (ii) identify the message as an advertisement in a reasonable way; (iii) include the physical address of our business; (iv) monitor our third-party email marketing services for compliance; (v) honor opt-out/unsubscribe requests quickly; and (vi) allow users to unsubscribe by using the link at the bottom of each email.


You may unsubscribe from these electronic newsletters, notices and/or special offers at any time by following the instructions contained at the very end of every such email or text message or elsewhere as directed by OrderSpark. If a third party vendor provides such newsletters, you may unsubscribe in accordance with the instructions provided by such third party. If you are having problems unsubscribing please contact us at support@orderspark.io (forwarding the newsletter, if applicable, and including in the subject line the word “Unsubscribe”), and we will use reasonable efforts to remove you within seven (7) business days. Please note that OrderSpark will not process any unsubscribe requests submitted as direct replies to any newsletter. 


Disclosure of Information


Except as expressly provided herein, absent your prior consent, we do not share your data with any unrelated third parties. We may engage a third party service provider to handle billing for the products and services purchased through the Service, and we will ensure that your payment information is not shared with anyone else; provided, that the terms of use and privacy policies of any such third party payment provider will prevail.  


Further, we may use third parties to outsource one or more aspects of our business (such as email or customer service, data processing, and security execution and clearing services), in which case, we would have to disclose to such third parties (who would be required by us to comply with this Privacy Policy and any other obligation we have with respect to any information provided by you in connection with the Service, to the same extent as our obligations) the data necessary for such third parties to provide such services.  


We also reserve the right, and you hereby authorize us, to share or disclose your PII, including, without limitation, any content, records or electronic communications of any kind, when we determine, in our sole discretion, that the disclosure of such information is necessary to identify, contact, or bring legal action against you if: 

  • you are or may be violating the Terms of Use or this Privacy Policy; 
  • you are interfering with OrderSpark’s or a third party’s rights or property; 
  • you are violating any applicable law, rule or regulation; 
  • necessary or required by any applicable law, rule or regulation; and/or 
  • requested by governmental authorities in the event of any investigation, act of terrorism or instance of local, regional or national emergency. 


In the event that OrderSpark is acquired by or merged with a third party entity, or sells all or substantially all of its assets, we reserve the right, in any of these circumstances, to transfer or assign the information and content we have received and collected from our users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your PII is treated, transferred or used.


How We Protect Your Information


OrderSpark takes a range of security measures designed to protect your information and keep it confidential (unless it is non-confidential by nature, for example, publicly-available information) and free from any unauthorized alteration. The Service is scanned on a regular basis for any security breaches or vulnerabilities. PII is contained behind secured networks and is only accessible by a limited number of persons who are required to keep the information confidential. In addition, all PII you supply is encrypted via Secure Socket Layer (SSL) technology. 


However, the Internet by its nature is not a secure environment and the nature of security risks is constantly evolving, as are the technical and organizational industry standards relating to management of those risks. While we strive to keep current our security technology and will review, refine and upgrade our security technology as we deem appropriate based on new tools that may become available in the future, the complete security of any information collected, stored or used by us cannot therefore be guaranteed. In the unlikely event that an unauthorized third party compromises OrderSpark’s security measures, OrderSpark will not be responsible for any damages directly or indirectly caused by an unauthorized third party’s ability to view, use or disseminate such information. If you ever discover inaccuracies in our data or your PII, we urge you to notify us immediately. 


You hereby acknowledge that OrderSpark shall not be responsible or liable for any dissemination of your information that results from your disclosure of such information to any third party.


Links to Third Parties


The Service may include links to third party websites, apps or services, including payment providers. Such links are not an endorsement by OrderSpark of those websites, apps and/or the products or services they offer. Third parties have different privacy policies, and OrderSpark is not responsible for the privacy practices of such third parties. If you click on a link to a third party website, app or service, OrderSpark encourages you to check the applicable privacy policy, as it may differ substantially from that of this Privacy Policy. OrderSpark makes no representations or warranties nor is OrderSpark responsible for the privacy policies of any third party. If you decide to access any third party links appearing on the Website, you do so at your own risk.


Access to Your Information


We will provide you with access to PII you provide us for as long as we maintain that information in a readily accessible format. We will also work with you to correct any error in your PII. If you wish to access or correct any PII that you have submitted through our Website, or to have us completely remove your PII from our systems, please send an e-mail with your specific request to support@orderspark.io.


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