Legal Terms

Welcome to Sparker!

Sparker is a APP that uses different technologies that allow users to send geolocated messages and locate them on the map, thus facilitating personal communication, information capacity and the possibility of publicizing businesses and companies.

Sparker is the provider of this APP and these Terms set forth the guidelines for its use, as well as for the other features, services and software we have.

Access to and use of Sparker is completely free of charge. It is the companies and other advertisers who, where appropriate, pay us to show Sparker users, advertisements and recommendations about their products and services. By using Sparker, you agree that we will show those ads in the least intrusive way possible to ensure a proper user experience. To ensure that the ads we display are useful to you, we will use your personal information.

Your personal data will not be sold or shared with third parties or companies unless you explicitly authorize us to do so. Advertisers simply inform Sparker about the type of audience they want their ads to be shown to and we are the ones who determine which users it can be most useful to. We then provide advertisers with information about the impact and effectiveness of their ads on users, so that they can track interactions and how users have accessed their ads.

Consult our Data Policy to know in detail how we at Sparker collect, use and store your data.

What Sparker does

Sparker is an app that allows you to publish geolocated messages that other people can see through the map. You will be able to publish Sparks with text, images and links that will allow you to communicate with people around you and connect with people from the rest of the world, helping you to discover and get to know other places, other cultures, interesting events, news of interest... Sparker is at your disposal offering you different services:

• We help you get in touch with people and organizations that may interest you so that if you want, you can connect with them through Sparker and share useful information for your personal life that can help you be informed or entertained. At Sparker we use the information we have about you to show you events, companies or organizations that may be of interest to you.
• From Sparker we help you to be able to communicate and give your opinion about what is happening around you, the current issues that concern you, share your experiences by visiting a place or attending an event. To do this you can send Sparks with text, images and / or links, showing them on the map.
• We help you learn about products and services that can be useful for your day-to-day life, showing you ads from people, companies or organizations that use Sparker's services to display sponsored content.
• We want Sparker to be a safe place so we suggest you check our Community norms to find out what you can and cannot do at Sparker. From Sparker, we will pursue and report any conduct that may constitute a crime, as soon as we become aware of it.
• We use the data provided by users as well as the analysis of their behaviour and habits to continuously improve Sparker and offer an increasingly satisfying experience, as well as to provide the most useful advertising for users. Check out our data Policy to know in detail how we at Sparker collect, use and store your data.
• Sparker is designed to make your experience using our services as satisfying as possible.
• We offer access to Sparker from anywhere in the world with Internet access so to provide this international service we must collect, store and distribute content and data in different centers around the world, even outside your country of residence. All this data is managed by Sparker.

How Sparker is financed

Access to and use of Sparker is free of charge. It is the companies and other advertisers who pay us to show Sparker users, advertisements and recommendations about their products and services. By using Sparker, you agree that we will display those ads in the least intrusive manner possible to ensure a proper user experience. To ensure that the ads we display are useful to you, we will use your personal information.

Our privacy policies are intended to protect Sparker users. This means that we will not reveal your identity or personal data to third parties without explicit consent. We also do not sell any personal data of our users. Sparker enables companies, organizations or other advertisers to tell us which target groups they want to target, and Sparker will then display those tips to the users it is most useful to. For example, young people from 25 to 35 years old who have recently attended a concert.

We provide advertisers with information about the impact and effectiveness of their ads on users, so that they can track interactions and how users have accessed their ads.

In order to offer you all the services indicated, Sparker collects, tabulates and uses your personal data.

Consult our Data Policy to know in detail how we at Sparker collect, use and store your data.

What do you commit to by using Sparker

We put at your disposal all the services of Sparker so that you can use them as you see fit. For your part, you must commit to us:

1. Provide a safe environment

Together we have to make sure that Sparker is a safe place and that it is not used to incite, promote or protect any activity that puts other users at risk. For this reason, you must:

• Register under your real name.
• Indicate the most accurate personal information about you.
• Create a single personal account.
• Do not give your password to a third party.
• Do not create an account in someone else's name.

You can't use Sparker if:

• You're under 16. Without the consent of your parents or guardians.
• You've been convicted of sex crimes.
• We have previously blocked your account for not respecting the Legal Terms and/or the Community Norms.
• Current legislation disqualifies and/or prohibits you from accessing our products, services or software.

2. What you can and can't do at Sparker

At Sparker we have the utmost respect for freedom and want you to express yourself as openly as possible. However, we also want Sparker to be a safe and friendly place, so users are committed to respecting some simple rules to ensure accountability, security, privacy, dignity and legality of both members of Sparker and anyone outside Sparker.

• You will not be able to use our services:
  • If you violate, our Community Norms or other Terms and Policies governing the use of Sparker.
  • If the content posted is illegal, misleading, discriminatory, fraudulent, or if it promotes or glorifies violence and/or hate
  • If other people's rights are infringed, such as those relating to privacy, intellectual property, dignity, diversity...
  
  
• You must not upload viruses or malicious code, or perform activities that may disable the operation, overload the servers or alter the proper functioning of Sparker. Nor should you modify its appearance without express authorization.
• You must not access data stored in Sparker obtained by human or automated means without our express authorization.
• You must not falsify your location by using programs or devices that simulate a different location from the real one.

Sparker may remove or block any content or account that does not comply with the terms of this document as well as the Community Norms without prior notice to the user. Once the content has been removed or blocked, Sparker will send the affected user information on the measure taken as well as the procedure for submitting allegations to request a review of the measure, except in cases of seriousness, repeated non-compliance with the rules or if doing so exposes Sparker or third parties in legal responsibilities, puts at risk the functioning of our services or is not possible for technical reasons.

Any content published on Sparker, whether or not it has been deleted by the user, will be stored on our servers for a period of 18 months in case it is required by the courts in the prosecution of criminal conduct.

To ensure compliance with these Legal Terms, as well as the Community Norms, we ask that you as a user report any behavior that you believe may be against these rules and affect anyone regardless of whether they are a user of Sparker or not.

3. Permits you grant to Sparker

In order to provide our services, we need you to grant us certain permissions:

Permission on licenses or intellectual or industrial property:

Certain content that you share on Sparker, such as images and text, may be protected by intellectual or industrial property laws.

The ownership of the content created and published by you as well as all its rights is yours without limitation, and you may dispose of it as you wish. However, solely in order to offer our services, you must grant us some licenses so that we can use such content when other users share your Sparks or to facilitate and improve our services.

In particular, when you share, post or upload content that is under intelectual or industrial property on Sparker, you grant us a worldwide, non-exclusive, transferable, sub-licensable, royalty-free license to host, use, distribute, modify, maintain, reproduce, publicly display or publicly communicate and translate your content, and to create derivative content. In other words, if you share a photo on Sparker, you give us permission to store, copy, and share the photo with others, such as service providers who help us provide our services. This license will cease to have effect when your content is removed from our servers.

Your content can be individually removed at any time, although your Sparks will be automatically removed within 24 hours of publication unless you "lock" them in your profile. You can also delete all your content at once by deleting your account.

When you delete your content, other Sparker users will no longer see it but it will still be stored on our servers in the following cases:

• It cannot be removed immediately due to technical limitations (in which case, your content will be removed no later than 18 months after you decide to remove it).
• Other people have used your content in accordance with this license, but have not removed it (in which case, this license will remain in effect until the content is removed).
• Immediate removal of the content would limit our ability to:
  • Investigate or detect illegal practices or violations of our Rules and Terms.
  • Comply with any legal obligations, such as evidence protection.
  • Comply with the requirements of judicial, administrative or police authorities, as well as government agencies.
  
  
• In the cases mentioned above, this license will remain in force until the content is completely removed.

Permission to use your name, profile picture and information about your actions in advertisements and sponsored content

You grant us permission to use your name, profile picture and information about your actions on Sparker in conjunction with or in connection with advertisements, offers and other sponsored content we display, without receiving compensation of any kind.

Permission to store the geolocation of your Sparks:

In order to offer you a personalized service about events, advertisements and sponsored content that may be of your interest, you give us permission to store the geolocation of the Sparks you publish. This data will be stored until the Spark is deleted or will be deleted within a maximum of 18 months.

Permission to update the software you use or download:

If you download or use Sparker, you give us permission to download and install the appropriate updates where applicable.

4. Limitations on the use of our intellectual property:

If you use content protected by our intellectual and/or industrial property rights that we make available at Sparker (images, logos, designs...), we retain all rights to that content (but not to yours). You may only use our copyrighted content, or our trademarks or similar, as set out in our style guidelines, or with our written consent. You must obtain our written permission to modify, decompile or otherwise attempt to extract our source code, or create derivative works from it.

Additional provisions

1. Update of Terms:

In Sparker we work improving and offering new services and functionalities in order to satisfy the needs of our users. That is why we are forced to update these Legal Terms from time to time to adapt them to the circumstances. We will only implement changes in this document if the Terms collected are no longer complete or are inaccurate and always applying common sense and thinking about your interests.

Unless we are required by law to make these changes, we will notify you of these changes at least 30 days in advance of changing these Terms, so that you may review the changes before they become effective. If you continue to use Sparker, you will be deemed to have accepted the new Terms.

We want you to feel comfortable using Sparker, however if at any time you want to stop using our services, you can delete your account whenever you want.

2. Suspension or cancellation of the account:

Sparker may cancel any account that does not comply with the provisions of this document as well as with the Community Norms without prior notice to the user. Once the account is cancelled, Sparker will send the affected user information on the measure taken as well as the procedure for submitting allegations to request a review of the measure, except in cases of seriousness, repeated breaches of the rules or if doing so exposes Sparker or third parties in legal responsibilities, puts at risk the functioning of our services or is not possible for technical reasons.

3. Limitation of liability:

Nothing in these Terms is intended to exclude or limit our responsibility for death, personal injury or fraudulent misrepresentation resulting from our negligence or to affect your legal rights.

We will act with professional diligence in providing you with our Products and services and in maintaining a safe and error-free environment. As long as we have acted with professional diligence, we will not be liable for losses not caused by failure to comply with these Terms or by our actions; losses which neither we nor you can foresee at the time these Terms take effect; or events which we cannot control.

4. Disputes:

We try to establish clear rules to reduce and, if possible, avoid disputes between Sparker and its users. However, if a complaint arises, it is useful to know in advance where it can be resolved and what laws apply.

Any claim must be resolved in any competent Spanish court under the laws governing at all times in the Kingdom of Spain.

5. Others:

• These Legal Terms constitute the entire agreement between you and Sparker with respect to your use of our services and supersede any prior agreements.
• If any part of these Terms is not applicable, the remaining part shall remain in full force and effect. The non-application of any of these Terms by us shall not be deemed a waiver. Any modification of these Terms or waiver of them must be in writing and signed by us.
• You will not transfer any of your rights or obligations under these Terms to any third party without our consent.
• These Terms do not confer beneficiary rights on any third party. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition or sale of assets, whether by operation of law or otherwise.
• Please note that we may need to change the username on your account in certain circumstances (for example, if someone else claims it and it doesn't seem to be related to the name you use in your daily life). If we are forced to do so, we will notify you in advance and explain the reasons for our decision.
• We always value your comments and any other suggestions about Sparker. However, we inform you that we can use them without any restriction or obligation to offer you compensation, and we are not obliged to consider them confidential.

Other conditions and policies that may apply in your case

• Community Norms: At Sparker we have the utmost respect for freedom and want you to express yourself as openly as possible. However, we also want Sparker to be a safe and friendly place, so users will be committed to respect some simple rules to ensure responsibility, security, privacy, dignity and legality of both members of Sparker and anyone outside Sparker.
• Data Policy: Document where we explain what data of yours we collect, for what purpose and how to exercise your rights.
• Privacy Policy: Applicable to our website https://sparker.io/ and app. Document where we explain what personal data we collect from our users and how we use it.
• Cookie Policy: Applicable to our website https://sparker.io/. Document where we explain the cookies that we use and their permanence for a navigation as satisfactory as possible.