Legal & Privacy

Sparklo is very serious about protecting your privacy.

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This Policy describes Sparklo’s policies and procedures on collecting, processing, transferring, and storing information when you use the Service. It also informs you of your privacy rights under South African law, including the Protection of Personal Information Act (POPIA) and the Promotion of Access to Information Act (PAIA).

The Service and the Website use the Personal Data you provide to deliver and improve Sparklo’s Services. By using our Services, you agree to the collection and use of your information in accordance with this Policy.

By using our Application, you automatically agree to this Policy and all its terms and conditions, and you consent to share your Personal Data with us for the purposes outlined herein.

1. Interpretation and Definitions

Interpretation
Words with an initial capital letter have meanings defined under this section. These definitions apply whether the terms appear in singular or plural form.

Definitions

  • “Application” means the application provided by Sparklo, available for download via the App Store and Google Play Market. It is used to access and use bonuses from Sparkomat.
  • “Device” means any device on which the Application can be downloaded.
  • “Sparklo”, “we”, “our”, and “us” refer to Sparklo DISTRIBUTION LLC COMPANY LIMITED, which, for the purposes of this Policy, is operating in South Africa.
  • “POPIA” means the Protection of Personal Information Act, 2013, and its related regulations in South Africa.
  • “Personal Data” means any information relating to an identified or identifiable natural person (“data subject”), such as a name, location data, online identifier, etc.
  • “Processing” means any operation or set of operations performed on Personal Data, whether or not by automated means, including collection, recording, storage, retrieval, alteration, disclosure, or destruction.
  • “Usage Data” refers to data collected automatically regarding your interaction with the Application, such as visit duration, pages viewed, and device information.
  • “User”, “you”, and “your” refer to any individual or legal entity using the Sparklo Application.

2. Collecting and Using Your Personal Data

Personal Data Collection
While using the Application, you may provide certain personally identifiable information that can be used to contact or identify you. This includes, but is not limited to:

  • Full name and surname
  • Email address
  • Contact phone number
  • Country of residence
  • Mailing and legal addresses

Refusal of Data Provision:
If you choose not to provide the requested Personal Data (for example, during registration or bonus sign-up), please note that this may result in limitations or restrictions in accessing certain features of our Application. We encourage you to review the implications before declining to provide your data.

Sparklo reserves the right, at its sole discretion, to request that you confirm your Personal Data or any other information related to your use of the Application.

Sources of Data:
In addition to the data you provide directly via the Application, Personal Data may also be collected from other sources, such as Sparklomats or other channels available in South Africa. In such cases, we will inform you about these additional data collection methods.

3. Usage Data

Usage Data is collected automatically when you use the Application and fill out forms on Sparklo’s Application. Usage Data may include information such as:

  • Device type and operating system
  • Browser type and version
  • Unique device identifiers and diagnostic data
  • Date, time, and duration of your visit

This data helps us monitor Application performance, ensure security, and improve functionality.

4. Tracking Technologies and Cookies

We use cookies and other tracking technologies to enhance your experience. We may share Personal Data with:

  • Social Media Services: Third-party social networking services that might collect information about your activity on our Services.
  • Business Transactions: In the event of a merger, sale, or change of control, your Personal Data may be transferred to the acquiring entity.
  • Other Disclosures: Where necessary to comply with legal obligations, respond to lawful requests, protect the rights and safety of our users, or prevent fraud and security issues.

5. Use of Your Personal Data

Sparklo may use Personal Data for the following purposes:

  • Service Provision and Improvement: To deliver and maintain the Application, monitor usage, and enhance functionality.
  • Communication: To provide you with news, special offers, and general information about Sparklo’s services, unless you opt out.
  • Managing Requests: To attend to and manage your inquiries and requests.
  • Business Transfers: In connection with mergers, acquisitions, or restructuring of Sparklo’s assets.
  • Data Analysis and Marketing: To analyze usage trends, evaluate the effectiveness of our promotional campaigns, and improve our products and services.

Disclosure to Third Parties:
Sparklo may share your Personal Data in the following circumstances:

  • With Service Providers: Companies that assist with technical support, analysis, or customer communications.
  • For Business Transfers: In connection with a merger, acquisition, or sale of assets, where your Personal Data may be transferred.
  • With Affiliates: Sparklo may share your Personal Data with its affiliates, who are required to comply with this Privacy Policy.
  • With Business Partners: To offer you certain products, services, or promotions.
  • With Your Consent: For any other purpose, provided you have given your explicit consent.

For greater transparency, a detailed list of third-party recipients and the categories of data shared is available on our official website.

6. Retention of Your Personal Data

Sparklo retains your Personal Data only as long as necessary for the purposes described in this Policy, to comply with legal obligations, resolve disputes, and enforce our policies. Usage Data is retained for a shorter period unless used for security or functionality purposes. We use PostgreSQL to store your data, ensuring robust and stable protection.

7. Transfer of Your Personal Data

Your Personal Data may be processed and stored on servers located outside South Africa. By providing your Personal Data, you consent to its transfer to jurisdictions with different data protection laws. Sparklo will take all reasonable steps to ensure that your data is treated securely in accordance with this Policy, and no transfer will occur unless adequate controls are in place.

8. Disclosure of Your Personal Data

Business Transactions:
If Sparklo is involved in a merger, acquisition, or asset sale, your Personal Data may be transferred to the new entity. We will notify you before such a transfer, where practicable.

Law Enforcement and Other Legal Requirements:
Sparklo may disclose your Personal Data if required by law or in response to valid requests from public authorities (e.g., a court or government agency).

Other Legal Requirements:
Sparklo may disclose your Personal Data in the good faith belief that such action is necessary to:

  • Comply with legal obligations
  • Protect and defend the rights or property of Sparklo
  • Prevent or investigate possible wrongdoing in connection with our Services
  • Protect the personal safety of you, our users, or the public
  • Protect against legal liability

9. User Rights under POPIA and Related Regulations

In compliance with POPIA and other relevant South African regulations, you have the following rights:

  • Access and Correction: You have the right to access and correct your Personal Data held by Sparklo.
  • Objection to Processing: You may object to the processing of your Personal Data.
  • Withdrawal of Consent: You may withdraw your consent for processing at any time by contacting us at support@sparklo.com.
  • Direct Marketing: You have the right to object to the use of your Personal Data for direct marketing. You may opt out at the time of data collection and in each marketing communication.
  • Complaints: If you believe your rights have been violated, you have the right to lodge a complaint with the Information Regulator in South Africa:
    • JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
    • Phone: 010 023 5200
    • Email: enquiries@inforegulator.org.za
      You also have the right to initiate a civil claim in a state court.

10. PAIA Manual

In accordance with the Promotion of Access to Information Act (PAIA), a separate PAIA Manual is published on our official website www.sparklo.com/legal-privacy-south-africa-paia. This manual provides detailed information on:

  • The contact details of our head of the body
  • The categories of records available to the public
  • The procedures for accessing company records
  • Information on the processing of Personal Data and the security measures in place

We encourage you to review the PAIA Manual for further details on accessing records and your additional rights.

11. Security of Your Personal Data

Sparklo takes all reasonable measures to protect your Personal Data from accidental or unlawful destruction, loss, alteration, or unauthorized access. Our safeguards include physical, technical, and administrative measures as well as encryption technology. However, Sparklo is not liable for any losses or damages resulting from unauthorized access or technical issues.

12. Links to Other Websites

Our Application may contain links to third-party websites or applications. Sparklo is not responsible for the content, privacy policies, or practices of these external sites. We encourage you to review their privacy policies before providing any Personal Data.

13. Changes to This Privacy Policy

Sparklo reserves the right to update this Policy from time to time by posting a new version on our website. The updated Policy will be effective immediately upon posting. We recommend that you review this Policy periodically to stay informed about how we protect your Personal Data.

By using our Application, you agree to the terms of this updated Privacy Policy and acknowledge your rights under South African law (POPIA and PAIA). If you have any questions or require further clarification regarding this Policy or your rights, please contact us at support@sparklo.com.

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