fbpx

Terms & Conditions

  • Home
  • Terms & Conditions

Creative Sparks Inc (herein referred to as “Creative Sparks”, “we”, “us” and/or “our”) provides a platform for any business to convert traffic into sales by making the store more engaging and creating urgency among the customers and may also offer a variety of services in connection with the platform. By signing up and using the Creative Sparks service, you, the user of the Creative Sparks service, represent that: you are a representative of an organization (herein referred to as “customer”, “you”, and/or “your”), you are duly authorized to enter into these terms and conditions which constitute a contractual agreement (the “Agreement”), and you and the entity you represent do hereby agree to this agreement, and the Creative Sparks Privacy Policy which are incorporated into and governed by this agreement. For the avoidance of doubt, if you are using the Creative Sparks service on behalf of an entity, you represent that you have the authority to bind such entity to this agreement, and the terms “customer”, “you”, and “your” also include such entity.

THE CREATIVE SPARKS SERVICE

Provision of Services: Creative Sparks will make the Creative Sparks Service available to Customer pursuant to the Agreement. Subject to the terms and conditions of this Agreement, Creative Sparks hereby grants Customer a non-exclusive right to access and use the Creative Sparks Service solely for its internal business purposes. Creative Sparks retains the right to change, modify, disable, or otherwise terminate access to the Creative Sparks Service at any time for any reason or no reason.

Limitations: The Creative Sparks Service will be used or accessed only by an authorized representative of Customer. As a condition of your use of and access to the Creative Sparks Service, you agree to comply with any application-, tool-, or content-specific rules published within the Creative Sparks Service which Creative Sparks may modify or supplement in its discretion from time to time (with notice to you of material changes).

Customer Responsibilities. Customer will (a) be responsible for its compliance with this Agreement and use of the Creative Sparks Service; (b) be solely responsible for the accuracy, quality, integrity and legality of the Customer Materials (as defined below); (c) use commercially reasonable efforts to prevent unauthorized access to or use of the Creative Sparks Service and associated documentation (the “Documentation”) and notify Creative Sparks promptly of any such unauthorized access or use; and (d) use the Creative Sparks Service only in accordance with the Agreement, the Documentation and applicable laws and regulations. Without limitation of the foregoing, Customer represents, warrants and covenants that: it has (and will have) the right to provide any information about an identified or identifiable natural person, household of device to Creative Sparks and will provide such information to Creative Sparks in compliance with applicable laws and that all such information has been (and will have been) obtained in compliance with all applicable laws and that all such information shall be true, accurate, complete and correct and correspond to the natural person to which it purports to relate, including to any natural person intended to be contacted in connection with the Creative Sparks Service (if any); and it has (and will at all times have) provided any notice and obtained any consents necessary to enable Creative Sparks to lawfully provide the Creative Sparks Service to Customer, including without limitation (if applicable) obtaining any consent from natural persons required by applicable law for Creative Sparks to send email and/or text messages on Customer’s behalf to natural persons.

PRICING & CANCELLATION

Pricing: Creative Sparks will maintain a pricing page here. By using the Creative Sparks Service, you agree to pay Creative Sparks the amount set forth on the pricing page for the particular Creative Sparks Service to which you are subscribing.

Payment: If you are a paying subscriber to the Creative Sparks Service, Creative Sparks will use a third-party payment processor to request your credit card information and process payment. All subscription plans will automatically renew on the same day each month as the initial payment, until canceled.

Cancellation: If you’d like to cancel your paid subscription, please email [email protected] or login to your account to cancel your subscription. Once you cancel your subscription, Creative Sparks will no longer charge your credit card for future subscription payments, and your account will be disabled down to a non-paid account level.

Refunds: Creative Sparks does not provide partial refunds for unused monthly or annual plans, unless a system malfunction caused a problem.

Creative Sparks’s Termination Rights: Creative Sparks maintains the full right to terminate your access to the Creative Sparks Service at any time for any reason.OWNERSHIP AND CONFIDENTIALITY

Creative Sparks’s Ownership Rights: Creative Sparks exclusively owns all right, title and interest in and to the Creative Sparks Service and Documentation. Except for the express access right granted hereunder, Creative Sparks reserves all rights, title and interests in and to the Creative Sparks Service, Documentation and Creative Sparks’s confidential information.

Feedback: Customer may from time to time provide blog statements, suggestions, comments for enhancements or functionality or other feedback (collectively, “Customer Feedback”) to Creative Sparks with respect to the Creative Sparks Service. Creative Sparks will have full discretion to determine whether or not to proceed with the development of the requested enhancements, new features or functionality. Customer hereby grants Creative Sparks a royalty-free, fully paid up, worldwide, transferable, sublicenseable, irrevocable, perpetual license to (a) copy, distribute, transmit, display, perform, and create derivative works of the Customer Feedback; and (b) use the Customer Feedback and/or any subject matter thereof, including without limitation, the right to develop, manufacture, have manufactured, market, promote, sell, have sold, offer for sale, have offered for sale, import, have imported, rent, provide and/or lease products or services which practice or embody, or are configured for use in practicing, the Customer Feedback and/or any subject matter of the Customer Feedback.

Public Areas: The Creative Sparks Service may feature community areas and other public forums, including but not limited to a blog (the “Public Areas”). If you use a Public Area you are solely responsible for your own Customer Feedback, the consequences of posting your Customer Feedback, and your reliance on any information in the Public Areas or other areas of the Creative Sparks Service. If you feel threatened or believe that someone else is in danger, you should contact your local law enforcement agency immediately. Any information you share, including without limitation any discussions with others, in any online Public Area is by design open to the public and is not private. Creative Sparks reserves the right, but shall not be obligated, to record any dialogue or exchanges in the Public Areas of the Creative Sparks Service. Creative Sparks shall have no responsibility for any actions taken, or failures to take action, with respect to the Public Areas of the Creative Sparks Service or any submissions by you or other users. As with any public forum on any website, the information you post may show up in third-party search engine results.

Customer Materials: As between Creative Sparks and Customer, the email addresses and other information about Customer’s subscribers collected by the Customer or made available through the Creative Sparks Service and any content created by Customer and/or made available through the Creative Sparks Service including the subscriber marketing products within the Creative Sparks Service (collectively, the “Customer Materials”) will be owned by Customer. Customer hereby grants to Creative Sparks a non-exclusive, royalty-free, fully paid up, and worldwide ongoing license to copy, modify (including the right to create derivative works of), display and use the Customer Materials solely in connection with performing the Creative Sparks Service. In addition, Creative Sparks may collect and utilize data and other information, including without limitation the Customer Materials, in aggregated or another de-identified form, derived from use and performance of the Creative Sparks Service and its related products and services under this Agreement for Creative Sparks’s own business purposes, for the purposes of developing, delivering and enhancing Creative Sparks’s products and services, and for internal evaluation of trends, system usage, security threats, intrusions and other similar internal purposes. Our data collection, use, and disclosure practices, including the use of browser cookies, are outlined more fully in our Privacy Policy (which may change from time to time).

Use of marks and case studies: Creative Sparks may, at its sole discretion, reference the Customer as a user of the Creative Sparks Service in Creative Sparks marketing collateral, including website content, blog content, email messages, and more.

REPRESENTATIONS, WARRANTIES AND EXCLUSIONS

Customer represents, warrants and covenants to Creative Sparks as follows: (a) it has full power and authority to enter into and perform this Agreement; (b) this Agreement has been duly authorized and constitutes a binding obligation enforceable in accordance with its terms, except as such enforceability may be limited by bankruptcy laws or other laws affecting the rights of creditors generally; (c) the person(s) executing this Agreement on Customer’s behalf has actual authority to bind Customer to this Agreement; and (d) Customer’s execution and performance of this Agreement does not and will not violate or conflict with any provision of Customer’s governing corporate instruments or of any commitment, agreement or understanding that such party has or will have to or with any person or entity. Except as expressly set forth herein, Creative Sparks makes no, and disclaims any and all, warranties, express or implied, including, but not limited to implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. Creative Sparks does not guarantee that the Creative Sparks service will meet all of customer’s requirements. Customer represents and acknowledges that Creative Sparks does not warrant that the Creative Sparks service will operate at all times in an uninterrupted or error free fashion, and Creative Sparks disclaims any and all liability resulting from or related to any such interruption or error.

INDEMNIFICATION

Customer will defend Creative Sparks against any claim made or brought against Creative Sparks by a third party (a “Claim”) arising out of Customer’s use of the Creative Sparks Service and will indemnify Creative Sparks for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Creative Sparks in connection with any such Claim; provided that (a) Creative Sparks will promptly notify Customer of such Claim, (b) Customer will have the sole and exclusive authority to defend and/or settle any such Claim (provided that Customer may not settle any Claim without Creative Sparks’s prior written consent, which will not be unreasonably withheld, unless it unconditionally releases Creative Sparks of all liability) and (c) Creative Sparks reasonably cooperates with Customer in connection therewith.

LIMITATION OF LIABILITY

Under no circumstances and under no legal theory, whether in tort, contract or otherwise, will Creative Sparks be liable to customer for any indirect, special, incidental, consequential or punitive damages of any character, including, without limitation, damages for loss of goodwill, lost profits, lost sales or business, work stoppage, computer failure or malfunction, lost data or for any and all other damages or losses, even if a Creative Sparks has been advised, knew or should have known of the possibility of such damages. In no event will Creative Sparks be liable for any direct damages, costs or liabilities in excess of the amounts paid or payable by customer during the twelve months preceding the incident or claim. The provisions of this section allocate the risks under this agreement between the parties, and the parties have relied on the limitations set forth herein in determining whether to enter into this agreement.

TERMINATION; MISCELLANEOUS

Term: The term of this Agreement will commence upon Customer’s sign up and acceptance of this Agreement. Thereafter, the term of this Agreement will automatically continue provided, however, that Creative Sparks may terminate this Agreement and the availability of the Creative Sparks Service to Customer at any time without notice. If Customer desires to discontinue the Creative Sparks Service, Customer must notify Creative Sparks of its intent to terminate the relationship and Customer may uninstall and discontinue the Creative Sparks Service at Customer’s own expense.

Right to Suspend: Creative Sparks may temporarily suspend Customer’s or any of Customer’s end users’ access to any portion of the Creative Sparks Service if Creative Sparks reasonably determines that: (a) there is a threat or attack on the Creative Sparks Service or other event that may create a risk to the Creative Sparks Service, Customer or any other customer of Creative Sparks; (b) Customer’s use of the Creative Sparks Service or any Customer Materials disrupts or poses a security risk to the Creative Sparks Service or any other Creative Sparks customer; or (c) Customer is using the Creative Sparks Service in violation of the Agreement, including but not limited to, using the Creative Sparks Service for fraudulent or illegal activities (collectively, “Service Suspensions”). Creative Sparks will provide written notice of any Service Suspension to Customer and to provide updates regarding resumption of Creative Sparks Service following any Service Suspension. Creative Sparks will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that Customer may incur as a result of any Service Suspension.

Data Processing Addendum: The terms of the Data Processing Addendum shall apply to: (i) the processing (as defined in the GDPR) of personal data (as defined in the GDPR) that is regulated by the General Data Protection Regulation (EU) 2016/679 (the “GDPR”) by Creative Sparks solely on behalf of Customer, if any.

Copyright Policy; Objectionable Content: If you believe your rights have been violated by, or you otherwise object to, any posting, content or information on the Creative Sparks Service, please contact us promptly so we can evaluate the claim and take appropriate action. If your complaint includes a claim of copyright infringement, the following policy will apply:

It is Creative Sparks’s policy to respond promptly to claims of copyright infringement, and to remove, or disable access to, infringing material. If you believe that any of the content or materials appearing on the Creative Sparks Service contain infringements, please send a notice to our designated agent at the address stated below. Your notice should contain the following: a physical or electronic signature of a person (i.e., claimant) authorized to act on behalf of the copyright owner; identification of the copyrighted work claimed to be infringed; identification of the content or material claimed to be infringing; a reference or link to the infringing material or activity, or the subject of the infringing activity, including information to enable us to locate that material or reference; the address, telephone number or email address of the claimant; a statement that the claimant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notice is accurate and, under penalty of perjury, that the claimant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Creative Sparks will also terminate a user’s account if a user is deemed to be a repeat infringer, namely, one who has been notified of bona fide infringing activity more than twice. Our designated agent, to whom you should direct your infringement claim (or other complaints), is:

Attention: Kausambi Manjita

Creative Sparks Technologies Private Limited. Prestige Cube, Koramangala, Bengaluru, Karnataka 560034

Telephone Number: +91-8095679581 E-mail: [email protected]

Relationship: Nothing contained herein will in any way constitute any association, partnership, agency, employment or joint venture between the parties, or be construed to evidence the intention of the parties to establish any such relationship. Neither party will have the authority to obligate or bind the other in any manner, and nothing herein contained will give rise or is intended to give rise to any rights of any kind to any third parties. Neither party will represent to the contrary, either expressly, implicitly or otherwise.

Unenforceability: If a court of competent jurisdiction determines that any provision of this Agreement is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of this Agreement will remain in full force and effect and bind the parties according to its terms. To the extent any provision cannot be enforced in accordance with the stated intentions of the parties, such provision will be deemed not to be a part of this Agreement.

Governing Law: All disputes, claims or controversies arising out of this Agreement, or the negotiation, validity or performance of this Agreement, or the transactions contemplated hereby shall be governed by and construed in accordance with the laws of India without regard to its rules of conflict of laws. Each of the parties hereby irrevocably and unconditionally consents to submit to the sole and exclusive jurisdiction of the courts of India located in India for any litigation among the parties arising out of or relating to this Agreement, or the negotiation, validity or performance of this Agreement, waives any objection to the laying of venue of any such litigation in the Indian Courts and agrees not to plead or claim in any Indian Court that such litigation brought therein has been brought in any inconvenient forum or that there are indispensable parties to such litigation that are not subject to the jurisdiction of the Indian Courts.

Notices: All notices under this Agreement will be in writing and will reference this Agreement. Notices will be deemed given when: (i) delivered personally; (ii) sent by confirmed facsimile or e-mail; (iii) three (3) days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (iv) one (1) day after deposit with a commercial overnight carrier, with written verification of receipt.

Entire Agreement: This Agreement, including these Terms and Conditions and Privacy Policy, constitutes the entire agreement between the parties with respect to the subject matter hereof. It supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter, and prevails over any conflicting terms or conditions contained on printed forms submitted with purchase orders, sales acknowledgments or quotations. Creative Sparks reserves the right to make changes to this Agreement, including these Terms and Conditions, from time to time without prior notice.

Titles: All article and section titles herein are provided for general information and reference only. Thus, the subject matter in each section herein will not be construed by reference to the title nor will the scope of section be limited in any manner based on the title of that section.

Force Majeure: Neither party will be deemed in breach hereunder for any cessation, interruption or delay in the performance of its obligations due to causes beyond its reasonable control, including, without limitation, earthquake, flood, or other natural disaster, act of God, labor controversy, civil disturbance, terrorism, war (whether or not officially declared) or the inability to obtain sufficient supplies, transportatiThis Privacy Policy (this “Policy”) was last updated on and is effective as of March 10th, 2020. This website, www. and any subdomains (the “Site”) is operated by Creative Sparks, Inc. (“Creative Sparks ”, “we”, “us” and/or “our”) and has been created to provide our Site visitors (“you”, “your”) with information about Creative Sparks’s information practices. This Privacy Policy (this “Policy”) sets forth Creative Sparks’s policy with respect to information that identifies you or can be used to identify or contact you (“Personal Information”), that is collected from you through the Site or through our other service offerings (collectively, including the Site, the “Services”). This Policy is incorporated into, is part of, and is governed by the Creative Sparks Terms and Conditions (the “Terms & Conditions”).

The Services and our business may change from time to time. As a result, at times it may be necessary for Creative Sparks to make changes to this Policy. We will not make changes that result in significant additional uses or disclosures of your Personal Information without allowing you to “opt-in” to such changes. We may also make non-significant changes to this Policy that generally will not significantly affect our use of your Personal Information, for which your opt-in is not required. We encourage you to check this page periodically for any changes. If any non-significant changes to this Policy are unacceptable to you, you must immediately contact us and, until the issue is resolved, stop using the Services. Your continued use of the Services following the posting of non-significant changes to this Policy constitutes your acceptance of those changes.

To the extent that the Services are available to individuals located in the European Economic Area and the United Kingdom, this Policy sets out our practices and obligations under the General Data Protection Regulation 2016/679 (the “GDPR”). If an organization with which you are associated (our “End Customer”) signs up to use our Services, we may receive Personal Information about you in connection with our provision of the Services to the End Customer. To the extent we process (as defined in the GDPR) that Personal Information solely in order to provide the Services to the End Customer, under the GDPR, to the extent applicable, we will act as a processor (as defined in the GDPR) on behalf of the End Customer in respect of that Personal Information; this Policy will not apply to the processing of that Personal Information and the End Customer will act as a controller (as defined in the GDPR) in respect of that Personal Information and is responsible for obtaining all necessary consents and providing you with all requisite information as required by applicable law. To the extent we process your Personal Information for any other lawful business purpose of ours, under the GDPR, to the extent applicable, we will act as a controller of such Personal Information and this Policy will apply to the processing of such Personal Information.

For the avoidance of doubt, this Policy does not apply to information collected from you through tools in the Services that are embedded within the websites of Creative Sparks’s End Customers (“Tools”), such as information you may provide to complete forms, or to the use of information submitted via a Tool on an End Customer’s website by the applicable End Customer or its service providers.

1. Information Collected

When you interact with us through the Site or other Services, we may collect Personal Information and other information from you, as further described below:

Personal Information That You Provide:

We collect Personal Information from you when you voluntarily provide such information, such as when you contact us with inquiries, subscribe to our e-mail newsletter, submit comments to our blog, register for access to the Services or use certain Services. For instance, Creative Sparks may collect the following information about you: name, address, zip code, telephone number, e-mail address, and access credentials for the Services. Wherever Creative Sparks collects Personal Information we make an effort to provide a link to this Policy.

By voluntarily providing us with Personal Information, you are consenting to our use of it in accordance with this Policy. If you provide Personal Information to the Site or through the other Services, you acknowledge, agree, and expressly consent that such Personal Information may be transferred from your current location to the offices and servers of Creative Sparks and the authorized third parties referred to herein located in India. For clarification, your Personal Information may be transferred from time to time to our offices or personnel, or to third parties, located throughout the world, and the Services may be viewed and hosted anywhere in the world, including countries that may not have laws of general applicability regulating the use and transfer of such information. By using the Services and submitting such information on it, you voluntarily consent to the trans-border transfer and hosting of such information. Without limitation of the foregoing, you hereby expressly grant consent to Creative Sparks to: (a) process and disclose such information in accordance with this Privacy Policy; (b) transfer such information throughout the world, including to the United States or other countries that do not ensure adequate protection for personally identifiable information (as determined by the European Commission); and (c) disclose such information to comply with lawful requests by public authorities, including to meet national security or law enforcement requirements. If you are a user accessing the Services from a jurisdiction with laws or regulations governing personal data collection, use, and disclosure that differ from those of India, please be advised that all aspects of the Services are governed by the internal laws of India, regardless of your location.

Other Information:

Non-Identifiable Data: When you interact with Creative Sparks through the Services, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you, unless it is combined with Personal Information. Creative Sparks may store such information itself or such information may be included in databases owned and maintained by Creative Sparks affiliates, agents or service providers. We may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, and the domain names of our visitors’ Internet service providers. It is important to note that Creative Sparks uses no Personal Information in this process.

Cookies: In providing the Services, we may use a technology called “cookies.” A cookie is a piece of information that the computer that hosts our Site gives to your browser when you access the Site. Our cookies help provide additional functionality to the Services and help us analyze the Services usage more accurately. You can generally inform the web services with which our Services integrate (such as social buttons, widgets, and other embedded features or content) that you do not want certain information about your webpage visits to be collected. Enabling “Do Not Track” in your web browser settings may be an easy way to accomplish this. Please consult https://donottrack.us on how to enable this privacy setting on your browser. You can also change the way your browser handles cookies. Already existing cookies can be deleted. Please consult www.allaboutcookies.org on how to manage or delete cookies in your browser. This Policy covers the use of cookies and similar files by Creative Sparks only and does not cover the use of cookies, flash cookies, and similar files by any third-party advertisers or websites that may be linked to the Site.

In addition to the above, when users use our Services, third parties (including without limitation third-party analytics service providers) may directly collect information about our users’ online activities over time and across different websites. Please note in particular that we may use Google Analytics and other similar services. Google Analytics uses cookies to help analyze how users use the Site. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google, Inc. (“Google”). Google may use this information for the purpose of evaluating your use of the Site, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. For information on how Google Analytics collects and processes data, please see the site “How Google uses data when you use our partners’ sites or apps”, currently located at www.google.com/policies/privacy/partners/. For information on opting out of Google Analytics, we encourage you to visit Google’s website, including its list of currently available opt-out options.

For the avoidance of doubt, the Site may use third-party service platforms (including to help analyze how users use the Site). These third-party service platforms may place cookies on your computer or mobile device. If you would like to disable “third party” cookies, you may be able to turn them off by going to the third party’s website. Here are links to the main third-party platform we use:

https://www.google.com/policies/privacy/ https://www.hubspot.com/ https://www.mailchimp.com/ https://amplitude.com/

Aggregated Personal Information: In an ongoing effort to better understand and serve the users of the Services, Creative Sparks of WeWork Prestige Cube, Site No. 26 Laskar, Hosur Rd, Bengaluru, Karnataka 560029 ten conducts research on its customer demographics, interests and behavior based on the Personal Information and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and Creative Sparks may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. Creative Sparks may also disclose aggregated user statistics in order to describe our Services to current and prospective business partners, and to other third parties for other lawful purposes.

Public Areas: The Services may feature community areas and other public forums, including but not limited to a blog (the “Public Areas”). These Public Areas are open to the public and should not be considered private. We cannot prevent such information from being used in a manner that may violate this Policy, the law, or your personal privacy. We are not responsible for the results of such postings or for the accuracy of any information contained in those postings.

Any information you share in a Public Area (including Personal Information) is by design open to the public and is not private. You should think carefully before posting any information in any Public Area. What you post can be seen, disclosed to or collected by others and may be used by others in ways we cannot regulate or predict. As with any public forum on any website, the information you post may also show up in third-party search engines like Google, Yahoo, MSN, and Bing. If you mistakenly post personal information in a Public Area you can send us an e-mail to request that we remove it by contacting us at [email protected] You should understand that in some cases, we may not be able to remove your information.

2. Use of Information:

Creative Sparks uses the Personal Information you provide in a manner that is consistent with this Policy and to the extent that the law allows. Pursuant to the GDPR, legal bases for our processing your Personal Information may include (without limitation):

(a) where you have given consent to the processing, which consent may be withdrawn at any time without affecting the lawfulness of processing based on consent prior to withdrawal;

(b) where it is necessary to perform the contract we have entered into or are about to enter into with you (whether in relation to the provision of the Services or otherwise); and/or

(c) where it is necessary for the purposes of our legitimate interests (or those of a third party) in providing the Services and your interests or fundamental rights and freedoms do not override those legitimate interests.

If you provide Personal Information for a certain reason, we may use the Personal Information in connection with the reason for which it was provided. For instance, if you contact us by e-mail, we will use the Personal Information you provide to answer your question or resolve your problem. In addition to the foregoing purposes, we and our affiliates may use your information to: (a) improve the content and functionality of the Services and provide the Services; (b) better understand our users; (c) improve our marketing and promotional efforts and customize the Services content, layout, and Services to better suit your needs; and (d) resolve disputes, troubleshoot problems and enforce the Terms & Conditions or any other agreement we may have with you.

In addition, Creative Sparks and its affiliates may use your information to contact you in the future to tell you about services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to “opt-out” of receiving future communications. In addition, if at any time you wish not to receive any future communications or you wish to have your name deleted from our mailing lists, please contact us at [email protected]

3. Disclosure of Information

There are certain circumstances in which we may share your Personal Information or other information with third parties without further notice to you, as set forth below:

Business Transfers: As we develop our business, we might sell or buy businesses or assets or receive funding. In the event of a corporate sale, merger, reorganization, dissolution, strategic investment by a third party in Creative Sparks, or similar event, Personal Information may be shared in connection with any of the foregoing and/or as part of the transferred assets. Related Companies: We may also share your Personal Information with our affiliates for purposes consistent with this Policy.

Agents, Consultants and Related Third Parties: Creative Sparks, like many businesses, sometimes hires other companies or individuals to perform certain business-related functions. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

Legal Requirements: Creative Sparks may disclose your Personal Information if required to do so by law or in the good faith belief that such action is necessary to (a) comply with a legal obligation, including lawful requests by public authorities, including to meet national security or law enforcement requirements, (b) protect and defend the rights or property of Creative Sparks, (c) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (d) identify, contact or bring legal action against someone who may be violating the Terms & Conditions or other agreement with us, to detect fraud, or for assistance with a delinquent account.

4. Security

Creative Sparks takes reasonable steps to protect the Personal Information provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail sent to or from the Site may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Information to Creative Sparks via the Internet.

5. Third-Party Sites

This Policy applies only to the Services. The Site and other Services may contain links to other websites not operated or controlled by Creative Sparks, including those operated by End Customers (the “Third Party Sites”). The policies and procedures described here do not apply to the Third Party Sites or services. The links from the Site or placement of Tools on certain Third Party Sites does not imply that Creative Sparks endorses or has reviewed the Third Party Sites. We suggest contacting those sites, services, entities or persons directly for information on their privacy policies.

6. Children’s Online Privacy Protection

The Services are not designed for or directed to children under the age of 13. Creative Sparks does not knowingly collect Personal Information from children under the age of 13. In fact, as currently operated persons under the age of 18 may not use the Services. By providing information to Creative Sparks, you represent that you are 18 years of age or older.

7. Exclusions

This Policy does not apply to any Personal Information collected by Creative Sparks other than Personal Information collected through the Services. This Policy shall not apply to any unsolicited information you provide to Creative Sparks through the Services, to the Public Areas, or through any other means. This includes any ideas for new products or modifications to existing products, submissions made to the Public Areas, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and Creative Sparks shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

8. Access to Information; Contacting Creative Sparks

We generally use Personal Information as described in this Policy or the Terms & Conditions or as authorized by you or as otherwise disclosed at the time we request such information from you. You generally must “opt in” and give us permission to use your Personal Information for any other purpose. You may also change your preference and “opt out” of receiving certain marketing communications from us by following the directions provided in association with the communication or such other directions we may provide or by contacting [email protected]

Under certain circumstances and in compliance with the GDPR, you may have the right to:

Request access to your Personal Information (commonly known as ‘subject access request’). This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it;

Request correction of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected;

Request erasure of your Personal Information. This enables you to ask us to delete or remove your Personal Information where there is no good reason for us to continue processing it. You also have the right to ask us to delete or remove all of your Personal Information in certain circumstances;

Object to processing of your Personal Information where we are relying on a legitimate interest (or that of a third party) and there is something about your particular situation which makes you want to object to processing on this ground;

Request the restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of your Personal Information, for example, if you want us to establish its accuracy or the reason for processing it;

Request the transfer of your Personal Information to another party; and

Lodge a complaint with the relevant supervisory authority (as defined in the GDPR). If you have any complaints about the way we process your Personal Information, please do contact us. Alternatively, you may lodge a complaint with the supervisory authority which is established in your country.

If you want to review, verify, correct or request erasure of your Personal Information, object to the processing of your Personal Information, or request that we transfer a copy of your Personal Information to another party, please contact [email protected]

Such updates, corrections, changes, and deletions will have no effect on other information that we maintain, or information that we have provided to third parties in accordance with this Policy prior to such update, correction, change or deletion. To protect your privacy and security, we may take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.

You should be aware that it may not be technologically possible to remove each and every record of the information you have provided to us from our system. The need to back up our systems to protect information from inadvertent loss means that a copy of your Personal Information may exist in a non-erasable form that will be difficult or impossible for us to locate. After receiving your request, we will use commercially reasonable efforts to update, correct, change, or delete, as appropriate, all Personal Information stored in databases we actively use and other readily searchable media as appropriate, as soon as and to the extent reasonably practicable.

To keep your Personal Information accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Information in our possession that you have previously submitted via the Services. Please also feel free to contact us if you have any questions about this Policy or the information practices of this Site. You may contact us as follows:

By email: [email protected]

By postal mail or courier: Attn: Privacy Agent Creative Sparks Technologies Private Limited Prestige Atlanta, 80 Feet Rd, Koramangala 1A Block, Koramangala 3 Block Bengaluru, Karnataka 560034

We will retain your personal information for as long as necessary to fulfill the purposes for which we collected it. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of that information, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements on, or other essential commodity or service required in the conduct of its business, or any change in or the adoption of any law, regulation, judgment or decree (each a “Force Majeure Event”).