PRIVACY AND SECURITY POLICY

This Privacy and Security Policy is provided for the benefit of customers and clients of Spark Hire, Inc. (“Spark Hire”) as well as other consumers and parties who seek information from or about Spark Hire and/or its website(s), particularly sparkhire.com (“Website” or “sparkhire.com”), and/or applications (“Apps”).

1. OPENING STATEMENTS

1.1 Definitions.

Across its various policies, applications, and Website, Spark Hire strives to use the same definitions for particular terms. By doing so, Spark Hire seeks to make its policies and governing documents consistent and user-friendly. For this reason, Spark Hire provides the definitions for these terms in one location and directs you to our Terms of Use for such definitions.

1.2 Our Commitment to Privacy

At Spark Hire, we respect the privacy and the confidentiality of our customers’ information, particularly our customers’ PII (also commonly referred to as personally identiable information) (“PII”). We are committed to keeping confidential the PII you share with us. This Privacy and Security Policy explains how Spark Hire collects, uses, discloses and protects the information we obtain.

1.3 Applicability of Privacy and Security Policy

Our Privacy and Security Policy applies to all individuals and entities from whom or for the benefit of whom we receive PII, whether it be collected through our corporate owned websites; Apps; traditional mailing and/or faxing channels; telephone or electronic communications; from some other medium; or from our clients.

1.4 Website and Apps Not Directed to Minors

The Website is a professional website directed toward individual job seekers, individual consultants, and consultant groups seeking employment as well as employers (either directly as customers of Spark Hire or through Staffing Customers that use Spark Hire Services) seeking to hire individual job seekers, individual consultants, or consultant groups or consultant groups for employment. As such, an individual must be aged sixteen (16) or over to create an account through the Website. As such, the Website is not directed toward children or minors. This also applies to all Spark Hire Apps.

1.5 U.S.-EU Safe Harbor Framework. Spark Hire complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland.  Spark Hire has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement.  To learn more about the Safe Harbor program, and to view Spark Hire’s certification, please visit http://www.export.gov/safeharbor/

2. PERSONAL INFORMATION COLLECTED AND HOW IT IS USED

2.1 Personally Identifiable Information or PII is any information that would, by itself, identify you or tend to identify you as a particular individual or entity. This PII may include, but not be limited to, your name, your address, credit card number, bank account information, and/or personal identification number (such as a social security number or driver’s license number).

2.1.1 PII does not include any public information that is readily attainable through federal, state or local public record distribution channels.

2.1.2 PII does not include any information that, by itself, could not identify you as a particular individual or entity.

2.1.3 PII also does not include raw data that becomes aggregated for statistical purposes and cannot, thereafter, be identified with you as a unique individual or entity.

2.1.4 Spark Hire does consider your Internet Protocol (“IP”) address to be PII and will treat it as such.

2.2 Information Collected

2.2.1 Spark Hire collects information that is considered PII and other information that, by itself, would not be considered personally identifiable information (“Non-PII”).

2.2.2 When you create an account and register for services provided through our Website (“Website Services”) and/or our Apps (“App Services”) (collectively, “Spark Hire Services”), we collect information submitted by you including, but not limited to, your username, your full name, company name (if applicable), email address, zip code, and primary industry. We use this information to identify our customers and send notifications related to the use of our Website, Website Services, Apps, App Services, and/or Spark Hire Services. We reserve the right to request additional information from you.

2.3 Collecting and Using Personally Identifiable Information

2.3.1 Spark Hire will explain how it intends to use PII either before it collects the information (such as in this Privacy and Security Policy) or contemporaneously with the solicitation of such information. Exceptions may exist where the intended use is obvious to a reasonable person.

2.3.2 Generally, Spark Hire collects personal identifiable information when an individual registers with the Website; uses the Website’s products or services; posts content on the Website; and/or registers through any of our Apps. This information typically includes, at a minimum, a full name, username, company name (if applicable), physical address, email address, phone number, cell phone number, zip code, primary industry and any additional information provided by the account holder that could identify that account holder. For persons seeking employment, it should be recognized that a collection of information that would otherwise be considered non-PII could transform into PII (eg employment history, employment position at a company). Consequently, an individual account holder must be aware of making public through any of the Spark Hire Services information that could identify them where they seek to keep private their search for employment. The same can be said of consultants and employers in certain circumstances.

2.3.3 We will use the PII collected only for the purposes explained to you. Further, we limit the collection of PII to only that information which is necessary for the purposes explained to you.

2.3.4 Generally, we use the PII collected and/or received about you in connection with our Apps, Website, Spark Hire Services, and their various features. We also use information collected and/or received about you in connection with other users and advertisers that purchase ads through the Apps or on the Website.

For example, we may use the information we receive about you (a) as part of our efforts to keep Spark Hire safe and secure; (b) to provide you with location features and services, like telling you how far a job opening is from you or notifying you of jobs that pertain to your qualifications or keywords in your profile or if a job fair is nearby; (c) to measure or understand the effectiveness of ads you and others see; (d) to provide Spark Hire Services; (e) to make suggestions to you and other users on Spark Hire; and (e) provide support.

Granting us this permission not only allows us to provide Spark Hire as it exists today, but it also allows us to provide you with innovative features and services we develop in the future that use the PII we receive about you in new ways.

We may use your PII to communicate with you for the foregoing and other reasons by email, text message, phone call, or other electronic, written or oral communication method, unless you expressly indicate to Spark Hire not to use a particular method of communication.

While you are allowing us to use the PII we receive about you, you always own all of your information. Your trust is important to us, which is why we don't share PII we receive about you with others unless we have: (a) received your permission; (b) given you notice, such as by telling you about it in this policy; or (c) removed your name or any other PII from it.

Additionally, we may use aggregated information derived from PII to improve the Website, Apps and Spark Hire Services as well as related services.

2.3.5 Unless we are required to do so by law, we shall not obtain your consent before collecting PII about you from parties other than Spark Hire. Rather, Spark Hire shall presume that you have previously provided such consent to any such third party from whom Spark Hire obtains such information.

2.3.6 In the normal course of its business operations, Spark Hire restricts the use of your PII to Spark Hire’s personnel and its Strategic Partners. However, by using Spark Hire Services, you may necessarily disclose PII to potential employers and Staffing Customers when they access your information, profiles, interviews, and other Content.

2.3.7 We shall not sell your PII in the normal course of business operations. Should all or any part of Spark Hire’s business operations be sold, this paragraph shall not restrict the transfer of your PII as part of the Website sold to a third party.

2.3.8 We may also use the PII you provide in registering with and using Spark Hire to inform you by electronic mail, phone, text or other communication method of additional products and services about which you might be interested, which may include our periodic e-newsletters and other promotional communications from Spark Hire.

2.4 Disclosing Personal Information

2.4.1 We do not share PII we obtain from your use of our Apps, Website, and/or Spark Hire Services with others except as described in this Privacy Policy and the Terms of Use.

2.4.2 General.

2.4.2.1 Spark Hire may use PII in the normal course of providing the Spark Hire Services; to operate or improve the Apps, Website and/or Spark Hire Services; to outsource certain services to Strategic Partners; to complete a transaction that has been requested; to develop aggregate information; and/or as otherwise disclosed to you.

2.4.2.2 Spark Hire may provide PII to other persons where (a) we have your consent; (b) the disclosure is necessary to complete a transaction requested; (c) we have obtained information from a third party (presuming that you have previously provided such consent to any such third party from whom Spark Hire obtains such information); (d) we are required or permitted to do so by law; (e) the Apps, Website and/or Spark Hire Services are used in a manner that violates the Terms of Use or uses for purposes other than those for which they were specifically intended; and/or (f) the terms of this Privacy and Security Policy and/or the Terms of Use otherwise permit and/or provide for such disclosure.

2.4.2.3 In particular, by the very nature of the Spark Hire Services, information submitted by our customers seeking employment or employees will be shared with other customers as applicable to the customers’ particular searches and use of Spark Hire Services.

2.4.2.4 Additionally, Staffing Customers that use Spark Hire Services may provide their employer customers, Third-Party Customers, information about Spark Hire customers in an effort to match individuals using Spark Hire Services to the needs of their employer Third-Party Customers. In some cases, Third-Party Customers may not be Spark Hire Customers. Although Spark Hire requires its Staffing Customers to ensure that their Third-Party Customers agree to terms similar to those of Spark Hire, Spark Hire has no control over the use of customer PII and non-PII by such Third-Party Customers where a Third-Party Customer is not a Spark Hire Customer.

2.4.2.5 In some cases, Spark Hire Customers may be able to download your Profile Videos and other public information, and store them on, their computers and servers. Other Spark Hire Customers may also be able to use shared links by which they provide related parties who might not also be Spark Hire Customers access to your content.

2.4.3 Strategic Partners. Spark Hire may employ, engage or retain certain trusted third parties (“Strategic Partners”) to perform functions and/or provide services on its behalf. Spark Hire will share PII with these Strategic Partners only to the extent necessary to perform the functions and/or provide the services for which they have been employed, engaged or retained. Spark Hire shall also secure contractual obligations from our Strategic Partners to maintain the privacy and security of the PII shared with them.

2.4.4 Business Transfers. Spark Hire reserves the right to sell, transfer or otherwise share some or all of its assets, including PII, in connection with a sale of assets; a merger, acquisition, or reorganization; or, filing for bankruptcy. You will have the opportunity to opt out of any such transfer if the planned processing of your information by the purchaser differs materially from that set forth in this Privacy and Security Policy.

2.4.5 Legal Compliance. Spark Hire may disclose any information about you and/or Content created by you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to: (1) comply with an order from a court of competent jurisdiction, regulatory agency, and/or other governmental authority; (2) respond to claims, court orders, or other legal process (including subpoenas); (3) to enforce the terms of this and other Spark Hire agreements as well as to protect the property and rights of Spark Hire, its Strategic Partners or other third parties; (4) to protect, in Spark Hire’s sole discretion, the public or any person from harm; (5) to investigate, prevent, stop, or take other action regarding any action perceived to be fraudulent, illegal, unethical, or legally actionable in Spark Hire’s sole discretion; and/or, generally, (6) to comply with the law.

2.4.6 Notice. Unless restricted from doing so, Spark Hire will attempt to notify you before it releases any of your PII or Content pursuant to (1) and (2) in paragraph 2.4.5 only. In such cases, Spark Hire will also provide you with general information on how you may seek to block such a release of information and/or direct you to resources that can provide such general information. The provision of such general information to you is not and should not be construed as providing you with legal advice. Additionally, Spark Hire is under no other obligation to assist you in challenging or opposing a release of your information

2.5 Non-Personally Identifiable Information

2.5.1 In addition to collecting PII as previously described, Spark Hire also collects other non-PII.

2.5.2 Non-PII collected by Spark Hire may be utilized without restriction.

2.5.3 Although non-PII can be used in a number of ways, you can be assured that the use of the non-PII cannot identify you as a particular individual.

2.5.4 Because non-PII cannot be used to identify you, Spark Hire may in its discretion provide non-PII to other persons or entities.

Information Obtained From Use of Spark Hire’ Websites

2.6. Cookies

2.6.1. Cookies can be defined as bits of data stored on your computer that allow website(s) to identify your browser and session.

2.6.1.2. If you reject all cookies, you may not be able to use the Spark Hire Services or products that require you to “sign in” and you may not be able to take full advantage of all offerings.

2.6.1.3. Most web browsers automatically accept and collect Cookies. However, most browsers also allow you to configure them to accept all cookies, reject all cookies, or notify you when a cookie is set. Depending upon your web browser’s security settings, you may have the ability to reject all cookies.

2.6.1.4 The Spark Hire Website uses its own cookies for a number of purposes including, but not limited to:

A. Requiring you to re-enter your password after a certain period of time has elapsed to protect you against others accidentally accessing your account contents;

B. Keep track of preferences specified by our users while using the Spark Hire Website;

C. Estimate and report our total audience size and traffic; and,

D. Conduct research to improve the content and services provided on the Spark Hire Website.

2.6.1.5. Many of our strategic partners may use Cookies. Spark Hire maintains no control over the use of Cookies by our strategic partners and third-party advertisers. For information on how these third parties utilize Cookies collected, you should examine their respective privacy policies.

2.6.2. Google AdWords Marketing

2.6.2.1. Spark Hire may use, from time to time, Google Adwords marketing campaigns to promote its products and services. In particular, Spark Hire intends to use Google AdWords “Remarketing” campaigns.

2.6.2.2. In using Google Adwords marketing campaigns, Google will place a cookie on your computer when you visit Spark Hire’s website(s). As you leave Spark Hire’s website(s), this cookie will later enable banners and other materials to appear through which you can return to Spark Hire’s website(s).

2.6.2.3. The foregoing being said, through the use of any Google AdWords marketing campaign, Spark Hire:

A. SHALL NOT run an interest-based advertising campaign that collects PII;

B. SHALL NOT use or associate PII with remarketing lists, cookies, data feeds, or other anonymous identifiers;

C. SHALL NOT use or associate targeting information, such as demographics or location, with any PII collected from any Google AdWords ad or landing page associated with it;

D. SHALL NOT target children under the age of 13 through any Google AdWords campaign;

E. SHALL NOT share any PII with Google through Spark Hire’s remarketing tag or any product data feeds which might be associated with Spark Hire’s ads;

F. SHALL NOT, when creating a remarketing list, use any sensitive information (as defined by Google), or products associated with such sensitive information, about visitors to Spark Hire’s Website(s), any of its Webpages, or Apps, whether Spark Hire collected it directly or associated it with a visitor, based on the visitor's profile or behavior on Spark Hire’s website(s), webpages, and/or through its Apps;

G. SHALL NOT create a remarketing list or ad that seeks to reach people through prohibited methods; and,

H. SHALL NOT create or produce ad content that implies knowledge of PII or sensitive information.

2.6.2.4. Spark Hire has no objection to Google providing notice or labels to disclose interest-based advertising to its users.

2.6.2.5. Spark Hire has no objection to Google displaying to its users the remarketing lists, including those of Spark Hire, upon which they appear.

2.6.2.6. For your protection, Google will not disclose Spark Hire remarketing lists or other similar audience lists to another advertiser without Spark Hire’s consent. At this time, Spark Hire shall not permit such disclosures.

2.6.3. Browser and Session Information

Spark Hire may collect information about your browser and session at the Website and/or using the Website Services.

2.6.4. IP Addresses

2.6.4.1. Spark Hire maintains a log of Internet Protocol (IP) addresses when any corporate owned computers, servers, and/or websites (including, the Website) have been accessed. An IP address by itself does not allow us to collect additional PII about you.

2.6.4.2. IP addresses may be used for various purposes, including to:

A. Diagnose and prevent service or technology problems reported by our users or engineers that are associated with the IP addresses controlled by a specific web company or ISP;

B. Estimate the total number of users visiting a Spark Hire computer, server and/or website from specific geographical regions.

C. Help determine which users have access privileges to certain content, services or resources offered; and,

D. Monitor and prevent fraud and abuse.

2.6.4.3. OTHER THAN YOUR IP ADDRESS, SPARK HIRE DOES NOT DIRECTLY COLLECT ANY PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOU UNLESS YOU VOLUNTARILY PROVIDE US WITH THIS INFORMATION.

2.7 Data Retention

2.7.1. Spark Hire shall use commercially reasonable efforts to maintain storage information subject to the terms of this Privacy and Security Policy and the Terms of Use.

2.7.2. The length of time for which Spark Hire retains PII and other information will vary depending on the nature of the services for which the information has been collected and the nature of the information.

2.7.3. Although this period may extend beyond the end of your relationship with Spark Hire, it will be retained for only so long as necessary for Spark Hire to respond to any issues arising from your relationship with Spark Hire.

2.7.4. When Spark Hire no longer needs or requires your personal information, Spark Hire will destroy, delete, erase or convert information to an anonymous form without notice to you.

2.7.5. Depending on the package of services purchased, Spark Hire may delete information including, but not limited to, stored messages, interviews, videos, audio, other content, and records of your account without notice to you. Spark Hire recommends that you back up on your own computer any critical and important information prior to allowing your Spark Hire Services to terminate or expire.

2.7.6. Should your account be terminated, Spark Hire may immediately and permanently delete all stored messages, interviews, videos, audio, other content, and records of your account without notice to you.

3. CONSENT

3.1. Spark Hire may obtain personal information about you through a variety of sources. For each source or method, the manner of consent may differ.

3.2.In general, Spark Hire operates on an “Opt-out” basis. That is, Spark Hire presumes that by using its Apps, Spark Hire Services, and/or accessing its Website you have read this Privacy and Security Policy and Spark Hire’s Terms of Use. Moreover, by providing the personal information requested (both personally identifiable and non-personally identifiable), you have consented to its use by Spark Hire for the stated purposes.

3.3. For these reasons, unless and until you expressly inform Spark Hire you do not wish your information to be used, Spark Hire shall presume it has your consent.

3.4. Where Spark Hire obtains information about a consumer from its customers or other third parties, Spark Hire presumes that the consumer has previously provided appropriate consent to the party from whom Spark Hire obtains the information. In any case, the consumer can be assured that this Privacy and Security Policy applies to any information obtained from a third party.

4. ACCESS

4.1 Subject to certain limitations imposed by applicable privacy laws, you may request that Spark Hire provide you with a copy of your personal information and/or information regarding how we have used that personal information.

4.2 Any requests for access to information should be directed to our Privacy Officer at the contact information provided below.

4.3 We will make every effort to respond to your request in a reasonable timeframe.

5. SECURITY

5.1. Spark Hire takes the issue of protecting your anonymity and personal information very seriously. Spark Hire protects the information it obtains about you with appropriate, commercially reasonable safeguards and security measures consistent with standard information practices. These measures include commercially reasonable technical and procedural steps to protect your data from misuse, unauthorized access or disclosure, loss, alteration, or destruction.

5.2 For security purposes, Spark Hire does not disclose all of its security measures. Be assured that Spark Hire does employ commercially reasonable industry standard measures to protect your information.

6. DISPUTE RESOLUTION

6.1 Should you have any complaints with respect to our compliance with our Privacy and Security Policy and our Safe Harbor commitments, we encourage you to contact us directly to resolve any such complaints. We value our customers and their privacy. Consequently, we want to hear from you should you have any issues regarding our privacy practices. You may send an email to privacyofficer@sparkhire.com.

6.2 Should you have any unresolved complaints with respect to our compliance with our Privacy and Security Policy and our Safe Harbor commitments, you may contact JAMS as an independent resource mechanism to hear any such disputes. For such purpose, you may contact JAMS at its Chicago office (http://www.jamsadr.com/jams-chicago/):

71 S. Wacker Drive
Suite 3090
Chicago, IL 60606
P 312-655-0555
F 312-655-0644
jmoss@jamsadr.com

or submit a case online ( http://www.jamsadr.com/contactus/fbGeneral.aspx?xpST=submitaCase ) through its website.

Please note that using a private mediation service such as JAMS will likely require fees to be paid.

6.3. Should you have any unresolved complaints with respect to our compliance with our Privacy and Security Policy and our Safe Harbor commitments, you may also contact the Federal Trade Commission (“FTC”) (https://www.ftccomplaintassistant.gov/) as the appropriate statutory body that has jurisdiction over any claims related to our privacy practices. However, the FTC does not resolve individual consumer complaints.

7. DISCLAIMER AS TO THIRD-PARTY WEBSITES

Although our corporate owned websites may contain links to other third-party websites and/or may be advertised on such third-party websites, Spark Hire is not responsible for the privacy practices or the content of such websites and specifically disclaims any such responsibility. Spark Hire does not monitor the privacy practices or content of these websites. If you have any questions about the privacy practices of a website other than a Spark Hire owned website, you need to contact the Privacy Officer of the website about which you have a question.

8. INCORPORATION OF OTHER APPLICABLE TERMS

Your use of our Apps, Website and Spark Hire Services is subject to this Privacy and Security Policy as well as the Terms of Use, the terms of which are incorporated into this Privacy and Security Policy by reference. You should carefully review the Terms of Use.

9. PRIVACY OF CHILDREN

We make it a practice not to knowingly obtain and/or retain information about individuals under the age of sixteen (16). Indeed, no part of our Apps, Spark Hire Services, or Website is directed to anyone under the age of sixteen (16).

10. ADDITIONAL INFORMATION

10.1 When you post content on the Website and/or through the Spark Hire Services, you have the ability to post content which may include personally identifiable information or PII about yourself. You are responsible for the information you (a) post online; (b) post through use of the Spark Hire Services; or, (c) share with another website that you link to from our website. You do so at your own risk. Spark Hire warns you to be careful in posting information accessible to the public.

10.2 If you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties or other unwanted and possibly harmful contact. Spark Hire warns you to be careful in posting information accessible to the public.

11. CUSTOMER OBLIGATIONS

11.1. By using the Spark Hire Services, you agree to use any information about any other Spark Hire Customer, particularly PII, obtained through Spark Hire Services in a manner consistent with the Terms of Use, this Privacy and Security Policy, and the privacy protections provided for in such policies.

12. REVISIONS TO PRIVACY AND SECURITY POLICY

12.1. Spark Hire reserves the right to revise, amend, or modify this Privacy and Security Policy, our Terms of Use, and other online policies and agreements at any time and in any manner.

12.2. Spark Hire shall provide notice of such changes by posting the revised policies to the applicable Spark Hire owned websites and by either (a) providing you a message the next time you login into your account or (b) sending you electronic mail to the email address you provided when creating your account.

12.3. With respect to this Privacy and Security Policy, you should visit our website at sparkhire.com from time to time to review the then-current terms. At any time, the current-posted policies govern and shall be binding.

For Additional Information or Questions, Contact Our Privacy Officer

Spark Hire has a designated Privacy Officer. If you have additional questions or concerns regarding how Spark Hire is managing or using your personal information, please send your concerns in writing to our Privacy Officer by e-mail at privacyofficer@sparkhire.com.

Rev. 4/10/2014