Last Updated: April 23, 2022
By accessing and using the Services, you (also referred to as “your” or “user”) agree to be bound by the terms of this Policy. If you do not agree with the terms of this Policy, you should immediately cease all use of the Services. After you read this Policy, please read our Terms of Service.
- What is Personal Data?
- Types of Personal Data We Collect
- How We Use Personal Data
- Disclosure of Personal Data
- Protection of Personal Data
- Retention and Deletion
- Individuals in the European Union and the United Kingdom
- Individuals outside of the EU and the United Kingdom
- Children’s Privacy
- Links to Third-Party Websites
- Opting Out of Receiving Electronic Communications
- Updates to this Policy
- Contact Us
1. What is Personal Data?
“Personal Data” means information that uniquely identifies, relates to, describes, or is reasonably capable of being associated with or linked to you.
2. Types of Personal Data We Collect
A. Personal Data that you provide to Spiky
To support your use of the Services, we may request you provide certain Personal Data, including, but not limited to:
- Contact Information (e.g., your name, email address, billing address, and demographic information); and
If you choose not to provide certain Personal Data, we may not be able to provide the requested Services or aspects of the requested Services.
If you subscribe to an engagement plan through the Services, the Services will redirect you to a third-party payment processor to complete the transaction. The payment processor will collect your financial information (e.g. your name and payment information). You acknowledge that we are not responsible for the third party’s conduct related to your payment information.
B. Personal Data we collect from you
- Usage Information (e.g., internet protocol address, browser type, referring URLs, domain name, or statistics related to your use of the Services); and
- Communication Information (e.g., data in files uploaded, emailed, or provided to us; contents of your communications with us)
We process Personal Data collected through such technologies to operate certain features of the Services, enhance your experience through personalization, prevent fraudulent activity, and improve the security of the Services. Most browsers provide you with the ability to block, delete, or disable cookies, and your mobile device may allow you to disable the transmission of unique identifiers. If you choose to reject cookies or block device identifiers, some features of the Services may not be available, or some functionality may be limited or unavailable. Please review the help pages of your browser or mobile device for assistance with changing your settings.
- Google Analytics
To assist us with analyzing the traffic to our Services through cookies and similar technologies, we use analytic services, including Google Analytics. For more information on Google Analytics processing of your Personal Data, please see “How Google uses data when you use our partners' sites or apps.”
3. How We Use Personal Data
We use, or in the future may use, Personal Data for the following purposes:
- Offer the Services to you;
- Administer and improve the Services;
- Enable secure use of the Services;
- Communicate new features of the Services;
- Manage your account;
- Provide customer support;
- Protect our rights to the Services;
- Meet legal or regulatory obligations; and
- Other purposes related to the reasons for which you provided Personal Data to us.
4. Disclosure of Personal Data
We may share your Personal Data in the following circumstances:
- Service Providers. We engage service providers to help operate the Services, market promotions, process payments, or perform administrative tasks. We may grant certain service providers access to Personal Data as necessary to perform the services for which we engaged them.
- Companies Involved in Mergers and Acquisitions Transactions. If we sell or otherwise transfer part or the whole of our business or assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, or liquidation), Personal Data may be transferred along with the business. When legally required we will give you prior notice and if you have a legal right to do so, an opportunity to object to this transfer.
- Law Enforcement, Government Agencies, and Courts. When we have a good faith belief that access, use, preservation, or disclosure of Personal Data is reasonably necessary to (a) satisfy or comply with any requirement of law, regulation, legal process, or enforceable governmental request, (b) enforce or investigate a potential violation of the Terms of Service, (c) detect, prevent, or otherwise respond to fraud, security or technical concerns, (d) support auditing and compliance functions, or (e) protect our users, the public, or our rights, property, or safety against harm.
5. Protection of Personal Data
We use commercially reasonable security measures within the Services to help secure and protect Personal Data from unauthorized access or acquisition, such as industry-standard encryption technology. Despite these efforts to store Personal Data in a secure environment, we cannot guarantee that our security measures will prevent third parties such as hackers from illegally obtaining access to Personal Data. We do not represent or warrant that Personal Data about you will be protected against, loss, misuse, or alteration by third parties.
6. Retention and Deletion
We keep your Personal Data only as long as necessary to fulfill the purposes for which it was collected and processed, including for the purposes of satisfying any legal or regulatory requirements. In some circumstances, we may de-identify, aggregate, or otherwise anonymize your Personal Data consistent with applicable laws and industry standards so that it can no longer be associated with you, in which case it is then treated as non-personal data.
7. Individuals in the European Union and the United Kingdom
In this section, we provide information relating to how we process the Personal Data of individuals in the European Union (“EU”) and/or the United Kingdom, in accordance with the European General Data Protection Regulation and/or the UK General Data Protection Regulation (collectively, the “GDPR”). If you need more information or would like to exercise your rights under the GDPR, please contact us by using the contact information listed in Section 13.
A. Basis for Processing
Our legal basis for collecting and using the Personal Data described in this Policy will depend on the Personal Data concerned and the context in which we collect it. Please see Sections 2 and 3 above to review the types of Personal Data we collect and the legal basis for our collection and use of such Personal Data.
B. Your Privacy Rights
If you are an individual in the EU, you may have the following rights:
To access your Personal Data.
To request correction of your Personal Data.
To request the erasure of your Personal Data. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing
To object to the processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms.
Request restriction of processing
To request the restriction of processing of your Personal Data.
Request a transfer
To request a transfer of Personal Data to you or to a third party.
To withdraw consent at any time where we are relying on consent to process Personal Data about you.
You may also have a right to lodge a complaint with a supervisory authority or other regulatory agency if you believe that we violated any of the above-referenced rights concerning Personal Data. We encourage you to first reach out to us, so we can address your concerns directly.
8. Individuals Outside of the EU or the United Kingdom
If you would like to otherwise access, update, or delete Personal Data about you, you may submit a request to us by using the contact information below in Section 13. However, as discussed in Section 6, under certain circumstances, we may not be able to completely remove your Personal Data from our systems.
9. Children’s Privacy
We do not knowingly collect or solicit any Personal Data from children under the age of 16. In the event that we learn that we have collected Personal Data from a child, we will promptly take steps to delete that information.
10. Links to Third-Party Websites
11. Opting Out of Receiving Electronic Communications
To provide you with information regarding the Services, we may send you promotional materials or other information via email (“Communications”). You may choose to stop receiving Communications by clicking on the conspicuous “Unsubscribe” link located at the bottom of any email we send to you. Please note that certain Communications are necessary for the proper functioning and use of the Services and you may not have the ability to opt out of those Communications.
12. Updates to this Policy
We may modify or update this Policy from time to time, so please review it periodically. If we make a change to this Policy that, in our sole discretion, is material, we will notify you as appropriate under the circumstances. Unless otherwise indicated, any changes to this Policy will apply immediately upon posting to the Services.
13. Contact Us
If you have any questions about our practices or this Policy, please contact us at: