Last Updated on Mar 15, 2021.
“Service”, “customer”, “you” and “your” have the meaning given to it in our Terms of Service.
We recommend that you read this document in full to ensure you are fully informed.
What Information We Collect
Types of Personal Information:
(i) Users: identification, publicly available social media profile information, e-mail, IT information (IP addresses, usage data, cookies data, browser data); financial information (credit card details, account details, payment information).
(ii) Subscribers (also known as audiences): identification and publicly available social media profile information (name, date of birth, gender, geographic location), chat history, navigational data (including chatbot usage information), application integration data, and other electronic data submitted, stored, sent, or received by end users and other personal information, the extent of which is determined and controlled by the Customer in its sole discretion.
Purchasing BeSparkyBot Paid Service. When you sign up for BeSparkyBot Software Paid Service, we collect information to process your payment and create your customer account. This information includes name, email address, physical address, telephone number, and company name where applicable. We retain the last four digits of your credit card to allow you to identify the card used for future purchases. We use a third-party service provider to process your credit card transactions. These third parties are governed by their own agreements.
Using BeSparkyBot Service. When you sign up for BeSparkyBot Software Service, we collect information to create your customer account. This information includes name, email address, physical address, telephone number, and company name where applicable. BeSparkyBot Software Service is provided by a third-party service provider. These third parties are governed by their own agreements.
Data collected for and by our Users. As you use our Services, you may import into our system personal information you have collected from your Subscribers or other individuals. We have no direct relationship with your Subscribers or any person other than you, and for that reason, you are responsible for making sure you have the appropriate permission for us to collect and process information about those individuals. As part of our Services, we may use and incorporate into features information you have provided, we have collected from you, or we have collected about Subscribers.
If you are a Subscriber and no longer want to be contacted by one of our users, please unsubscribe directly from that user’s bot or contact the user directly to update or delete your data.
Information automatically collected. Our servers may automatically record certain information about how you use our Site (we refer to this information as “Log Data“), including both Clients and casual visitors. Log Data may include information such as a user’s Internet Protocol (IP) address, device and browser type, operating system, the pages or features of our Site to which a user browsed and the time spent on those pages or features, the frequency with which the Site is used by a user, search terms, the links on our Site that a user clicked on or used, and other statistics. We use this information to administer the Service and we analyze (and may engage third parties to analyze) this information to improve and enhance the Service by expanding its features and functionality and tailoring it to our users’ needs and preferences.
Sensitive personal information. Subject to the following paragraph, we ask that you not send or disclose to us any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or union membership) on or through the Service or otherwise.
Why We Collect And How We Use Your Data
We may use the Information we collect or receive through the Service (alone or in combination with other data we source) for the purposes and on the legal bases identified below:
For service operations (i) to operate, maintain, administer and improve the Service; (ii) to manage and communicate with you regarding your Service account, if you have one, including by sending you Service announcements, technical notices, updates, security alerts, and support and administrative messages; (iii) to process payments you make through the Service; (iv) to better understand your needs and interests, and personalize your experience with the Service; (v) to send you information about product by email (vi) to respond to your Service-related requests, questions and feedback.
To communicate with you. If you request information from us, register for the Service or participate in our surveys, promotions or events, we may send you BeSparkyBot-related marketing communications if permitted by law but will provide you with the ability to opt out.
To comply with law. We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests and legal process, such as to respond to subpoenas or requests from government authorities.
With your consent. We may use or share your personal information with your consent, such as when you consent to let us post your testimonials or endorsements on our Site, you instruct us to take a specific action with respect to your personal information or you opt into third party marketing communications.
To create anonymous data for analytics. We may create anonymous data from your personal information and other individuals whose personal information we collect. We make personal information into anonymous data by excluding information that makes the data personally identifiable to you, and use that anonymous data for our lawful business purposes.
For compliance, fraud prevention and safety. We use your personal information as we believe necessary or appropriate to (a) enforce the terms and conditions that govern the Service; (b) protect our rights, privacy, safety or property, and/or that of you or others; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.
How We Share Your Personal Information
We do not rent or sell your Personal Information in personally identifiable form to anyone. We disclose personal information to third parties only under the following circumstances:
- Chatbot Developers: The developers/owners of chatbots created through the Services which you communicate with will have access to the Personal Information you provide to them. For example, if you communicate with a chatbot which was created through the Services, the developer/owner of that chatbot may have access to your conversation history with the chatbot, your username, your avatar, and any other information you provide through the chatbot. In addition, the chatbot developer/owner may use a Salesforce or other third party product integration to receive and process the data from your interaction with the chatbot.
- Any competent law enforcement body, regulatory body, government agency, court or other third party where we believe disclosure is necessary (a) as a matter of applicable law or regulation, (b) to exercise, establish, or defend our legal rights, or (c) to protect your vital interests or those of any other person.
Your Data Protection Rights And Choices
We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following (Especially applied for residents of the European Economic Area):
Request for copies of your personal data. We will confirm whether we hold your information and provide you with a copy. We offer this service for free, together with the explanation about how we process it and why, how long we store it for and your rights associated with it. Ask that we update the personal information we hold about you, or correct such personal information that you think is incorrect or incomplete. Request us to erase your personal data, or restrict the way in which we use such personal information. We respond to all requests we receive from individuals in accordance with applicable data protection laws. Object to our processing of your personal data. Similarly, if you are a resident of the EEA, if we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent. You have the right to request that our company transfer the data that we have collected to another organization, or directly to you, where it is technically possible. In addition, you have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the European Economic Area, Switzerland and certain non-European countries (including the US and Canada) are available here. Access to Data Controlled by our Clients. BeSparkyBot has no direct relationship with the individuals whose personal information is contained within the Checkpoint, Audience, Inbox Fields processed by our Service. An individual who seeks access, or who seeks to correct, amend, or delete personal information provided by our users should direct their request to the Bot Owner directly, and at the same time refer to their separate privacy policies. If you no longer want to be contacted by one of our users through our Service, please unsubscribe directly from that User’s chatbot or contact the user directly to update or delete your data.
We may ask you to verify your identity in order to help us respond efficiently to your request If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at our email: firstname.lastname@example.org.
Your Choices And Opt-Outs Users who have opted in to our marketing emails can opt out of receiving marketing emails from us at any time by clicking the “unsubscribe” link at the bottom of our marketing messages.
Also, all opt-out requests can be made by emailing us using the contact details provided in the “How to Contact us” section below. Please note that some communications (such as service messages, account notifications, billing information) are considered transactional and necessary for account management, and you cannot opt out of these messages unless you cancel your BeSparkyBot account.
Data Retention We will retain personal information we process on behalf of our Users for as long as needed to provide our Services or for an indefinite time to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our agreements. If required by law, we will delete personal information by erasing it from our database.
Third Party And Links Our website may contain links to other websites provided by third parties not under our control. When following a link and providing information to a 3rd-party website, please be aware that we are not responsible for the data provided to that third party. Thus, when you visit other websites, even when you click on a link posted on BeSparkyBot side, you should read their own privacy policies.
Children Information Our Service is not intended for use by anyone under the age of 16, nor does BeSparkyBot knowingly collect or solicit personal information from anyone under the age of 16. If you are under 16, please do not attempt to register for the service or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we confirm that we have collected personal information from someone under the age of 16 without verification of parental consent, we will delete that information promptly. If you believe that a child under 16 may have provided us personal information, please contact us at email@example.com.
Our Security Notice of Breach of Security. If a security breach causes an unauthorized intrusion into our system that materially affects you or your Subscribers, then BeSparkyBot will notify you as soon as possible and later report the action we took in response.
Safeguarding Your Information. We take appropriate and reasonable technical and organizational measures designed to protect Personal Information from loss, misuse, unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of the Personal Information. If you have any questions about the security of your Personal Information, you may contact us using the contact details provided under “How to Contact Us” heading below.
Legal Basic For Processing Personal Information (EEA Visitor/Customer Only) If you are a user located in the EEA, our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it. We will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate business interests. In some cases, we may also have a legal obligation to collect personal information from you.
If we ask you to provide personal information to comply with a legal requirement or to enter into a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information). Similarly, if we collect and use your personal information in reliance on our legitimate business interests, we will make clear to you at the relevant time what those legitimate business interests are.
If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided under the “How to Contact Us” heading below.