Privacy Policy

Introduction

This Privacy Policy applies to sparkbox.com, seesparkbox.com, buildright.io, and designsystemsurvey.seesparkbox.com (collectively, the "Website"), interactive online services operated by FORGE LLC d.b.a. Sparkbox ("Sparkbox", "us", "we", or "our"). Please read this Privacy Policy carefully to get a clear understanding of our policy and practices with respect to how we collect, use, protect or otherwise handle your personal information, including personally identifiable information, when you access the Website.

This policy applies to information we collect:

This Privacy Policy does not apply to information collected by us offline or through any other means, including on any other website operated by any third party, or information collected by any third party through any application or content (including advertising) that may link to or be accessible from the Website.

BY ACCESSING OUR WEBSITE, YOU AGREE TO THIS PRIVACY POLICY AND OUR TERMS OF USE, INTO WHICH THIS PRIVACY POLICY IS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE, IMMEDIATELY STOP ACCESSING OUR WEBSITE.

This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

A. Children

Our Website and its features, programs, promotions and other aspects requiring the submission of personally identifiable information are not intended for children. We do not knowingly collect personally identifiable information from children under the age of thirteen (13). If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you are a parent or guardian of a child under the age of thirteen (13) and believe he or she has disclosed personally identifiable information to us, please contact us at legal@heysparkbox.com. A parent or guardian of a child under the age of thirteen (13) may review and request deletion of such child's personally identifiable information as well as prohibit the use thereof.

B. Information We Collect

Our Website typically collects two kinds of information about you: (a) information that you provide that personally identifies you; and (b) information that we automatically collect when you visit our Website or that you provide us that is not personally identifiable.

(1) Personally Identifiable Information

We actively collect personally identifiable information ("PII") from you when you voluntarily register with the Website to use or receive information about our services or enter information on our Website. PII includes information that may be used to specifically identify or contact you such as your name, email address, phone number, etc. We only collect the PII that you voluntarily provide to us in connection with your use of the Website and any of our products and services, and do not automatically collect your PII when you merely visit our Website. Certain information may be non-personally identifiable on its own but when linked with other data may become personally identifiable ("Linked Information"). In discussing our practices with respect to PII, we consider such Linked Information to be PII.

In the event you provide us with PII belonging to others, you represent and warrant that you have obtained the express consent from such persons to the use of their PII in connection with our products and services. You bear full responsibility for any information about others that you have provided to us.

(2) Non-Personally Identifiable Information

Non-personally identifiable information is any information that does not personally identify you. It can include certain personally identifiable information that has been de-identified or anonymized; that is, information that has been rendered anonymous. We obtain non-personally identifiable information about you from information that you voluntarily provide us, either separately or together with your PII. We also automatically collect certain non-personally identifiable information from you when you access our Website. This information can include, among other things, geolocation, IP addresses, the type of browser you are using, the third-party website from which your visit originated, the operating system you are using, the domain name of your Internet service provider, the search terms you use on our Website, the specific web pages on our site that you visit, and the duration of your visits.

C. How We Use and Share the Information Collected

(1) Personally Identifiable Information

We use the PII you submit to us to carry out your requests, respond to your inquiries, enforce or apply our Terms of Use, better serve you, or in other ways naturally associated with the circumstances in which you provided the information. We may communicate with you or later contact you for a variety of reasons, such as to provide customer service; to provide customized promotional information for our products or those of our parent company, subsidiaries, or other affiliated companies; to communicate with you about content or other information you have shared with us via the Website; or to send you updates, newsletters, or marketing materials we think might interest you. We may share your PII with our lawyers or consultants in the event we are subjected to regulatory enforcement action or litigation. We may also share your information with our parent company, subsidiaries or other affiliated companies ("affiliated companies") to inform you about their products and services. We do not sell, trade, or otherwise transfer to outside parties your PII unless we provide you with advance notice.

We may share your PII with third parties as permitted or required by law, such as pursuant to subpoenas, court orders, or other legal or regulatory requirements, or if such disclosure is necessary or appropriate to protect the rights, property, or safety of FORGE LLC, our customers and users, or others. This may include exchanging information with other companies and organization for the purpose of fraud protection and credit risk reduction.

(2) Non-Personally Identifiable Information

We use non-personally identifiable information in a variety of ways, including to help analyze site traffic, understand customer needs and trends, carry out targeted promotional activities, and to improve our services. We may use your non-personally identifiable information by itself or aggregate it with information we have obtained from others. We may share your non-personally identifiable information with our affiliated companies and third parties to achieve these objectives and others, but remember that aggregate information is anonymous information that does not personally identify you.

D. Cookies and Preference Based Advertising

(1) Cookies and Web Beacons

We automatically receive and store certain types of non-personally identifiable information whenever you interact with us. For example, like many websites, we use "cookies" and "web beacons" (also called "clear gifs" or "pixel tags") to obtain certain types of information when your web browser accesses our Website. "Cookies" are small files that we transfer to your computer's hard drive or your Web browser memory to enable our systems to recognize your browser and to provide convenience and other features to you, such as recognizing you as a frequent user of our Website. "Web beacons" are tiny graphics with a unique identifier, similar in function to cookies, and may be used to track the online movements of users, when an email has been opened, and to provide other information.

Examples of the information we collect and analyze in this manner include the Internet protocol (IP) address used to connect your computer to the Internet; computer and connection information such as browser type and version, operating system, and platform; your behavior on our Website, including the URL you come from and go to next (whether this URL is on our site or not); and cookie number. **It is important to note that the cookies and Web beacons that we use do not contain and are not tied to personally identifiable information.**

If you are concerned about the storage and use of cookies, you may be able to direct your internet browser to notify you and seek approval whenever a cookie is being sent to your Web browser or hard drive. You may also delete a cookie manually from your hard drive through your internet browser or other programs. Please note, however, that some parts of our Website will not function properly or be available to you if you refuse to accept a cookie or choose to disable the acceptance of cookies.

We, along with third-party vendors such as Google, use first-party cookies (such as the Google Analytics cookies) and third-party cookies or other third-party identifiers together to compile data regarding user interactions with service functions as they relate to the Website.

Additionally, we may use remarketing or retargeting pixels ("Remarketing") via Google Adwords or other third-party vendors. Remarketing may be used to determine when you visit our Website and then provide relevant advertising to you as you browse other websites across the internet. The third-party vendors who provide Remarketing for us will use cookies or other device identifiers in order to place these advertisements based on your past visits to our Website.

Users can opt out of how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page, by using the Google Analytics Opt Out Browser add on, or by controlling device identifiers on your specific device's settings.

A couple of important notes about this opt-out tool: (a) it includes all the advertising networks that we may work with, but also many that we do not work with; and (b) it relies on cookies to ensure that a given advertising network does not collect information about you ("Opt-out Cookies"). Therefore, if you buy a new computer, change web browsers or delete these Opt-out Cookies from your computer, you will need to perform the opt-out task again.

(2) Promotional Offers

We may use your email address or other contact information to contact you about our upcoming promotional offers or goods and services from third parties. If you do not wish to have your contact information used in this way, you can opt-out by sending us an email stating your request to legal@heysparkbox.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided as a result of a product purchase, warranty registration, product service experience or other transactions, as applicable.

E. Other Uses and Information

(1) IP Addresses

An IP address is a number that is automatically assigned to your computer whenever you are surfing the Internet. Web servers (computers that "serve up" web pages) automatically identify your computer by its IP address. When visitors request pages from our Website, our servers typically log their IP addresses. We collect IP addresses for purposes of system administration, to report non-personal aggregate information to others, and to track the use of our Website. IP addresses are considered non-personally identifiable information and may also be shared as provided above. It is not our practice to link IP addresses to anything personally identifiable; that is, the visitor's session will be logged, but the visitor remains anonymous to us. However, we reserve the right to use IP addresses to identify a visitor when we feel it is necessary to enforce compliance with our Website rules or to: (a) fulfill a government request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, our Website, or other users; or (d) in an emergency to protect the health and safety of our Website's users or the general public.

(2) Email Communications

If you fill out the contact page or send us an email with questions or comments, we may use your personally identifiable information to respond to your questions or comments, and we may save your questions or comments for future reference. For security reasons, we do not recommend that you send non-public personal information, such as passwords, social security numbers, or bank account information, to us by email. However, aside from our reply to such an email, it is not our standard practice to send you email unless you request a particular service or sign up for a feature that involves email communications, we are sending you information about our other products and services, or you consented to being contacted by email for a particular purpose. In certain instances, we may provide you with the option to set your preferences for receiving email communications from us; that is, agree to some communications but not others. You may "opt out" of receiving future commercial email communications from us by clicking the "unsubscribe" link included at the bottom of most emails we send, or as provided below; provided, however, we reserve the right to send you transactional emails such as customer service communications.

(3) Transfer of Assets

As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or all (or substantially all) of our assets, the personally identifiable information and non-personally identifiable information we have about you will be transferred to and used by this acquiring entity, though we will take reasonable steps to ensure that your preferences are followed. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.

(4) Other

Notwithstanding anything herein to the contrary, we reserve the right to disclose any personally identifiable or non-personally identifiable information about you if we are required to do so by law, with respect to copyright and other intellectual property infringement claims, or if we believe that such action is necessary to: (a) fulfill a government request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, our Website, or other users; or (d) in an emergency to protect the health and safety of our Website's users or the general public.

(5) Your California Privacy Rights

Residents of the State of California, under certain provisions of the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed certain personally identifiable information as defined under California law during the preceding year for third-party direct marketing purposes. You are limited to one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. You may request the information in writing at: legal@heysparkbox.com. For more information, visit https://oag.ca.gov/privacy.

Other than as disclosed in this Privacy Policy, the Website does not track users over time and across third-party websites to provide targeted advertising. Therefore, the Website does not operate any differently when it receives Do Not Track ("DNT") signals from your internet web browser.

(6) Correcting Your Information

You may also send us an email at legal@heysparkbox.com to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

F. Keeping Your Information Secure

We have implemented security measures we consider reasonable and appropriate to protect against the loss, misuse and alteration of the information under our control. Please be advised, however, that while we strive to protect your PII and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction, or inadvertent disclosure of your personally identifiable information. In the unfortunate event that your "personally identifiable information" (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, we may notify you by e-mail (at our sole and absolute discretion) to the last e-mail address you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation. From time to time we evaluate new technology for protecting information, and when appropriate, we upgrade our information security systems.

The safety and security of your information also depends on you. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.

Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

G. Other Sites/Links

Our Website may link to or contain links to other third-party websites that we do not control or maintain, such as in connection with purchasing products referenced on our Website and banner advertisements. We are not responsible for the privacy practices employed by any third-party website. We encourage you to note when you leave our Website and to read the privacy statements of all third-party websites before submitting any personally identifiable information.

H. Changes to the Policy

We keep this Privacy Policy posted on our Website and you should review it frequently, as it may change from time to time. At our discretion, we will notify you of any material changes to the Privacy Policy by email to the last email address you have provided to us (if we have your email address) or by posting a notice on the home page of the Website. Any changes will be effective immediately upon the posting of the revised Privacy Policy. WHEN YOU ACCESS OUR WEBSITE, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE, IMMEDIATELY STOP ACCESSING OUR WEBSITE. If, at any point, we decide to use your PII in a manner materially different than what was stated at the time it was collected, we will notify you of this change by e-mail to the last e-mail address provided to us. You will have a choice (by means of an "opt out" opportunity) as to whether or not we use your PII in this different manner. We will use information in accordance with the Privacy Policy under which your information was collected if you opt out of the new policy.

I. Contact Information

You may contact us as at legal@heysparkbox.com if you have questions or comments about our Privacy Policy.

We will respond to your questions, comments or requests and, if applicable and appropriate, make the requested change in our active databases as soon as reasonably practicable. Please note that we may not be able to fulfill certain requests while allowing you access to certain benefits and features of our Website.

J. Sole Statement

This Privacy Policy as posted on this Website is the sole statement of our privacy policy with respect to this Website, and no summary, modification, restatement or other version thereof, or other privacy statement or policy, in any form, is valid unless we post a new or revised policy to the Website.