Policies

BoosterSpark Privacy Policy

effective July 1, 2020

Thank you for being a part of the BoosterSpark community. Please read this policy carefully before using our services. You agree that by visiting our website, or creating a BoosterSpark account, or visiting a BoosterSpark-powered website, you have read, understood, and agree to be bound by this Policy. IF YOU DO NOT AGREE WITH THE TERMS OF THIS POLICY, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE BOOSTERSPARK PLATFORM AND YOU MUST DISCONTINUE USE IMMEDIATELY.

DEFINITIONS

"BoosterSpark" refers to Our Software-as-a-BoosterSpark platform (SaaS) platform which helps booster clubs maximize the impact made on their community.

"We" and "us" and "our" refer to Cedarock Communications which owns and operates BoosterSpark.

"You" refers to the individual accessing or using BoosterSpark. You can be a User or a Club.

"User" refers to any person who creates a user account. This account will allow you to sign in to BoosterSpark and any BoosterSpark-powered website.

"Club" refers to booster club organizations who can or do utilize BoosterSpark.

"Subscription" and "subscribe" refer to the recurring monthly BoosterSpark platform provided by BoosterSpark to Clubs.

"Account" refers to the User's or Club's BoosterSpark account.

"Member" refers to a person who purchases a membership via a BoosterSpark-powered Club website.

"Sponsor" refers to an organization who purchases a sponsorship via a BoosterSpark-powered Club website.

"Plan" varies by use. It can refer to a BoosterSpark Subscription plan, a Club's Membership plan, or a Club's Sponsorship plan.

"Content" refers to writings, video, audio, photographs, graphics, or other material generated by Clubs and Sponsors on BoosterSpark-powered websites.

CLUB POLICIES

This policy explains BoosterSpark's privacy policy. Clubs having a BoosterSpark-powered website may have their own policies; those policies may differ from this policy.

OUR PRIVACY PHILOSPHY

We care about your privacy. For this reason, we collect and use personal information only as needed to deliver our products, services, support, websites and mobile applications, and to communicate with you about the same, or as you have requested (collectively, our “Services”).

INFORMATION WE COLLECT

We collect information when you: create a User Account on boosterspark.com or a Booster-Spark-powered website; express an interest in obtaining information about us or our products and services; participate in activities on boosterspark.com or a Booster-Spark-powered website; make an online purchase on boosterspark.com or a Booster-Spark-powered website; request support from BoosterSpark; opt-in to a newsletter; or otherwise when you contact us.

Information You Disclose To Us
The personal information that we collect depends on the context of your interactions with us. All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information. Personal information may include:

  • Name
  • Address
  • Phone Number
  • Email Address
  • Password
  • Contact Preferences
  • Other Similar Information
  • We may collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by Stripe. You may find their privacy notice at stripe.com/privacy.

Information Automatically Collected
We automatically collect certain information when you visit, use, or navigate any website on the BoosterSpark platform. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about when you use a BoosterSpark-powered website, date/time stamps associated with your usage, pages and files viewed, searches and other actions you take (such as which features you use), device event information (such as system activity, error reports, and hardware settings), Internet service provider and/or mobile carrier, operating system configuration information, and other technical information. This information is primarily needed to maintain the security and operation of our platform, to improve our services, for our internal analytics, and reporting purposes.

Geolocation & Member/Sponsor Cards
Some booster clubs who utilize BoosterSpark may offer member cards or sponsor cards that grant Users access to events. These cards contain a QR code that, when scanned by event staff, allows us to record the date, time, latitude, and longitude of the scan. This information is used to prevent fraudulent use of the card. The only way to prevent this geolocation tracking is to not allow your card to be scanned. However, the event may not allow you to enter.

Cookies and Similar Technologies
We also collect additional information when delivering our services to you to ensure necessary and optimal performance. Cookies, beacons, and similar technologies on our websites and our mobile applications allow us to track your browsing behavior, links clicked, items purchased, your device type, and to collect various data, including analytics, about how you use and interact with our services. These technologies automatically collect data when you use and interact with our services, including metadata, log files, cookie/device IDs, page load time, server response time, and approximate location information to measure website performance and improve our systems.

Our Cookie Policy can be found at boosterspark.com/policies/cookies.php.

HOW WE UTILIZE YOUR INFORMATION

We strongly believe in limiting your data's use and purpose to only that (1) for which we have been given permission, (2) as necessary to deliver the services you purchase or interact with, or (3) as we might be required or permitted for legal compliance or other lawful purposes. We use personal information collected via the BoosterSpark platform for a variety of business purposes:

  • Request feedback. We may use your information to request feedback and to contact you about your use of BoosterSpark.
  • To enable user-to-user communications. For example, a Club may need to contact a User to fulfill an order, answer a question, or ask a question.
  • To manage user accounts. We may use your information for the purposes of managing account data and keeping it in working order.
  • To send administrative information to you. We may use your personal information to send you product, service, and new feature information and/or information about changes to our terms, conditions, and policies.
  • To protect our services. We may use your information as part of our efforts to keep the BoosterSpark platform safe and secure (for example, for fraud monitoring and prevention).
  • To enforce our terms, conditions, and policies for business purposes, to comply with legal and regulatory requirements, or in connection with our contract.
  • To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
  • Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Website.
  • Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in our competitions.
  • To deliver and facilitate delivery of services to the user. We may use your information to provide you with the requested service.
  • To respond to user inquiries and/or offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our services.
  • To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our Website, subscribing to a newsletter, or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing emails at any time.
  • For other business purposes. We may use your information for other business purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Website, products, marketing and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information. We will not use identifiable personal information without your consent.

Delivering, Improving, Updating, and Enhancing Our Services
We collect various information relating to your purchase, use, and/or interactions with our services. Much of the data collected is aggregated or statistical data about how individuals use our services, and is not linked to any personal information. We utilize this information to:

  • Improve and optimize the operation and performance of our services
  • Diagnose problems with and identify any security risks, errors, or needed enhancements to the services
  • Detect and prevent fraud and abuse of our services and systems
  • Collecting aggregate statistics about use of the services
  • Understand and analyze how you use our services

Sharing With Trusted Third Parties
We may share your personal information with affiliated companies within our corporate family, with third parties with which we have partnered to allow you to integrate their services into our own services, and with trusted third party service providers as necessary for them to perform services such as:

  • Processing credit card payments
  • Communicating with you, such as by email or survey
  • Customer relationship management

We only share your personal information as necessary for any third party to provide necessary services as requested or as needed on our behalf. These third parties (and any subcontractors they may be permitted to use) are subject to strict data processing terms and conditions and are prohibited from utilizing, sharing or retaining your personal information for any purpose other than as they have been specifically contracted for (or without your consent).

We may also share your information with third parties for the purpose of facilitating / allowing a merger, acquisition or sale of all or substantially all of our assets, in which case the acquiring company may continue to utilize your data in the manner for which it was provided and intended.

SHARING YOUR INFORMATION

We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations. We may process or share your data that we hold based on the following legal basis:

  • Consent: We may process your data if you have given us specific consent to use your personal information in a specific purpose.
  • Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
  • Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
  • Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
  • Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:

  •  Booster Clubs. We will not share your information with a booster club unless you initiate a transaction with that Club. Examples of a transaction include: purchasing a membership, purchasing a sponsorship, making a donation, signing up to volunteer, etc.
  • Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, customer service, and marketing efforts. We may allow selected third parties to use tracking technology on BoosterSpark-powered websites, which will enable them to collect data on our behalf about how you interact with our websites over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, pages, or features, and better understand online activity. Unless described in this notice, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.

Some of our trusted third party partners are Google Analytics and Stripe.

COMMUNICATING WITH YOU

We may contact you directly or through a third party service provider regarding products or services you have signed up or purchased from us, such as necessary to deliver transactional or service related communications. We may also contact you with offers for additional services we think you’ll find valuable if you give us consent, or where allowed based upon legitimate interests. You don’t need to provide consent as a condition to purchase our goods or services. These contacts may include:

  • Email
  • Text (SMS) messages
  • Telephone calls
  • Messenger applications (e.g. WhatsApp, etc.)
  • Automated phone calls or text messages

You may also update your preferences with respect to receiving communications from us and/or our partners by signing into your BoosterSpark account.

COMPLIANCE WITH LEGAL, REGULATORY, AND LAW ENFORCEMENT REQUESTS

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (such as subpoena requests), to protect our property and rights or the property and rights of a third party, to protect the safety of the public or any person, or to prevent or stop activity we consider to be illegal or unethical.

HOW WE SECURE, STORE AND RETAIN YOUR DATA

We follow generally accepted standards to store and protect the personal information we collect, both during transmission and once received and stored, including utilization of encryption where appropriate. We retain personal information only for as long as necessary to provide the services you have requested and thereafter for a variety of legitimate legal or business purposes. These might include retention periods:

  • mandated by law, contract or similar obligations applicable to our business operations;
  • for preserving, resolving, defending or enforcing our legal/contractual rights; or
  • needed to maintain adequate and accurate business and financial records.
HOW YOU CAN MANAGE YOUR DATA

To access, view, and update your personal information, or to update your preferences, please sign into your BoosterSpark Account. If you make a request to delete your personal information and that data is necessary for the products or services you have purchased, the request will be honored only to the extent it is no longer necessary for any services purchased or required for our legitimate business purposes or legal or contractual record keeping requirements.

"DO NOT TRACK" NOTIFICATIONS

Some browsers allow you to automatically notify websites you visit not to track you using a “Do Not Track” signal. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you may wish to visit www.allaboutdnt.com.

AGE RESTRICTIONS

BoosterSpark services are available for purchase only for those over the age of 18. Our services are not targeted to, intended to be consumed by, or designed to entice individuals under the age of 18. If you know of or have reason to believe anyone under the age of 18 has provided us with any personal information, please contact us.

NON-DISCRIMINATION

We will not discriminate against you for exercising any of your privacy rights. Unless permitted under applicable laws, we will not: Deny you goods or services. Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties. Provide you a different level or quality of goods or services. Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

CALIFORNIA RESIDENTS

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with BoosterSpark, you have the right to request removal of unwanted data that you publicly post on BoosterSpark-powered websites. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on BoosterSpark-powered websites, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).

CCPA Privacy Notice
The California Code of Regulations defines a "resident" as: (1) every individual who is in the State of California for other than a temporary or transitory purpose and (2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose. All other individuals are defined as "non-residents." If this definition of "resident" applies to you, certain rights and obligations apply regarding your personal information.

What categories of personal information do we collect?
We have collected the following categories of personal information in the past twelve (12) months:

Category Examples Collected
A. Identifiers Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address and account name YES
B. Personal information categories listed in the California Customer Records statute Name, contact information, education, employment, employment history and financial information YES
C. Protected classification characteristics under California or federal law Gender and date of birth NO
D. Commercial information Transaction information, purchase history, financial details and payment information NO
E. Biometric information Fingerprints and voiceprints NO
F. Internet or other similar network activity Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems and advertisements NO
G. Geolocation data Device location YES
H. Audio, electronic, visual, thermal, olfactory, or similar information Images and audio, video or call recordings created in connection with our business activities NO
I. Professional or employment-related information Business contact details in order to provide you our services at a business level, job title as well as work history and professional qualifications if you apply for a job with us NO
J. Education Information Student records and directory information NO
K. Inferences drawn from other personal information Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics NO

We may also collect other personal information outside of these categories in instances where you interact with us in-person, online, or by phone or mail in the context of:

  • Receiving help through our customer support channels
  • Participation in customer surveys or contests; and
  • Facilitation in the delivery of our Services and to respond to your inquiries

How do we use and share your personal information?
More information about our data collection and sharing practices can be found in this privacy notice. You may contact us by referring to the contact details at the bottom of this document. If you are using an authorized agent to exercise your right to opt-out, we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

Will your information be shared with anyone else?
We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf. The current list of our service providers can be found below. We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal data.

BoosterSpark has disclosed the following categories or personal information to third parties for a business or commercial purpose in the preceding twelve (12) months:

  • Category B. Personal information, as defined in the California Customer Records law, such as your name, contact information, education, employment, employment history and financial information.
  • Category G. Geolocation data, such as device location.

Our rights with respect to your personal data:

Right to request deletion of the data - Request to delete
You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities.

Right to be informed - Request to know
Depending on the circumstances, you have a right to know:

  • whether we collect and use your personal information;
  • the categories of personal information that we collect;
  • the purposes for which the collected personal information is used;
  • whether we sell your personal information to third parties;
  • the categories of personal information that we sold or disclosed for a business purpose;
  • the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and
  • the business or commercial purpose for collecting or selling personal information.

In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.

Right to Non-Discrimination for the Exercise of a Consumer's Privacy Rights
We will not discriminate against you if you exercise your privacy rights.

Verification process
Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with the information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.

We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If, however, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

Other privacy rights

  • you may object to the processing of your personal data
  • you may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the data
  • you can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.
  • you may request to opt-out from future selling of your personal information to third parties. Upon receiving a request to opt-out, we will act upon the request as soon as feasibly possible, but no later than 15 days from the date of the request submission. To exercise these rights, you can contact us by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.
CHANGES

We reserve the right to modify this Privacy Policy at any time. If we decide to change our Privacy Policy, we will post those changes to this Privacy Policy and any other places we deem appropriate, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If we make material changes to this Privacy Policy, we will notify you here, by email, or by means of a notice on our home page, at least thirty (30) days prior to the implementation of the changes.

CONTACT INFORMATION

If you have any questions or concerns about this policy, you may contact us in writing at:

  • boosterspark.com/support
  • support[at]boosterspark.com
  • BoosterSpark, 394 Abbey Ln, Antioch IL 60002
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