Privacy Policy

Sparky Fish Privacy Policy

PLEASE NOTE THAT THIS PRIVACY POLICY APPLIES ONLY TO THOSE USERS OF THE SERVICES WHO ARE AGE 13 AND OLDER. SPECIAL PROCEDURES ARE USED WHEN COLLECTING INFORMATION FROM USERS UNDER THE AGE OF 13, WHICH ARE DISCUSSED IN THE “A SPECIAL NOTE ABOUT CHILDREN UNDER THE AGE OF 13”SECTION BELOW.

Introduction

SparksLabs designs, develops and publishes many social games for smartphones and mobile devices. Sparks International Production, its subsidiaries, parent companies, affiliates, joint ventures and other corporate entities under common ownership (collectively, “we”, “our”, or “us”) respect our users’ (“users” or “you”) privacy rights.

We have created this Privacy Policy to explain to you how we collect, use, store, disclose and manage the personal information (“Personal Information”) you provide to us when using, or about to using, any of our applications, games or software (collectively, the “Services”). Whenever you access or use our website and domain name, and any of the Services, you agree to allow us to collect, use, store, disclose and manage your Personal Information as explained in this Privacy Policy, and accept this Privacy Policy in registration or game installation.

This Privacy Policy may change from time to time. You understand that you accept the amendments to our Privacy Policy by continuously using our sites or the Services. Use of your information we collect now is subject to the Privacy Policy in effect at the time such information is used. Whenever you use our sites or the Services, please check this Privacy Policy to make sure that you are aware of any amendments in our privacy practices. The date our Privacy Policy was last updated will be displayed therein. We will post a revised policy on our sites and/or mobile products to inform you and other users if we make any material revisions to this Privacy Policy.

This Privacy Policy does not apply to information collected and stored by (1) web-based applications that are built from our mobile applications but published by other third parties, (2) or through websites and services provided by other third party companies or entities to which our Services may link, or (3) mobile applications that we distribute on behalf of other third parties which mobile applications are hosted by such third parties, except otherwise as mentioned herein,

IF YOU DO NOT WISH TO ACCEPT THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT USE ANY OF OUR SITES, MOBILE PRODUCTS OR SERVICES.

Personal Information and Non-Personal Information

Personal Information” is information about you that can be used to uniquely identify or contact you on-line or off-line, such as your name, birth date, home address, email address, credit card information and phone number. “Personal information” may include your unique device or user identifier when the identifier is combined with your personal information. “Non-Personal Information” is information that, by itself, cannot be used to identify or contact you personally and may include gender, age or interests and cannot be used to connect with you. This Privacy Policy does not restrict or limit our collection of aggregate information or Non-Personal Information.

Personal information does not include “aggregate information”. Aggregate information is data we collect about the characteristics and activities of the users and visitors of the Services and enhance our Services and our sites, from which any Personal Information has been removed. Such information may include demographic information, such as your unique user or user identifier (when not matched with or tie to your Personal Information), city of residence, information about your computer, software, platform and Internet IP address. We collect aggregate information about the use of the Services to provide the best possible service and allow us to make certain recommendations and internal reports and share such information with our partners about how our customers use the Services so that our partners also understand how people use the Services and they can provide you with an optimal user experience.

We collect both Personal Information and Non-Personal Information and we may combine Personal Information and Non-Personal Information for improving your experience with or to aggregate it with information collected from other users to improve or analyze the Services.

How We Collect Personal Information

To assist us in personalizing and improving the Services, and allow our users to set up a user account and profile that can be used to personalize their experience in using the Services, Personal Information are collected from you.

We may collect your Personal Information in a number of ways such as, during your (1) purchase of a licence to use in-game virtual money or virtual items directly from us, any relevant billing and financial information necessary to process your charges will be collected by us, which may include your email address, (2) creation of a personal profile, (3) registration or log-in for games, games subscriptions or our websites, (4) customer support or technical service requests, (5) download and use of our mobile applications and web-based applications, (6) request for services from third party service providers on our websites or the Services (such as, your response to advertisements therein), (7) participations in promotional or marketing activities, surveys, and other alerts, and (8) communications with other registered users on our websites or through the Services. Depending on the activity in which you are involved, information that we collect from you will vary.

Cookies – We collect certain technical information when you use the Services in order to (i) manage advertising; (ii) analyze the usage of our sites and services; and (iii) provide a more personalized experience. We and our service providers use tracking technologies to collect and analyze certain types of technical information, including cookies (cookies are small files applied to your browser to track movements within websites), the amount of time spent on particular pages, pages viewed and the order of those pages, platform type, IP addresses, device and identifiers, landing pages, domain names, the number of clicks, URLs, browser types and language, referring and exit pages, game state and the date and time of activity on our sites or games, and other similar information. For our internal use, we may also associate this information with your user ID number. However, please note that we do not combine the general information collected through cookies with your other Personal Information to inform us your identity or what your email address or screen name is.

Third-party advertising companies may be used by us to serve advertisements on our sites. This Privacy Policy governs only the use of our cookies and the respective privacy policies of other third party advertising companies govern the use of cookies by such advertisers. Our advertising partners, who may set cookies, may deliver advertisements appearing in the Services to users, and may also use other third-party advertising technology to target advertising in the Services. When advertisements are served to you, an unique third-party cookie or cookies may be placed on your computer. These cookies are used by the advertisements server to identify your computer or other device each time an advertisement is served to you in order to gather information about you or others users who use your computer or device. Based on such information, advertisement networks will deliver targeted advertisements that will be of interest to you.

Other technologies may also be used by us, such as: (i) flash cookies (which help us in preventing fraud, remembering your in-game preferences and speeding up load times); (ii) tracking pixels (which permit us to advertise more efficiently by (a) not serving certain promotional messages to our current users, (b) identifying the source of a new installation or (c) delivering advertisements to you on other websites); and (iii) web beacons (which assist us in determining if a certain page was visited or whether an e-mail was opened).

Most web browsers give you a choice to alert you on attempts to place cookies on your computer or other devices or disable the cookie feature, which will not permit your browser to accept new cookies, or allow you to decide to accept each new cookie in a variety of ways. If you opt-out of the use of cookies, some of the features and functionality of playing our games or using the Services may be lost, as you may need our cookies to track and enhance your game activities. We strongly advise you not to disable the cookies feature so that you can enjoy some of the Services’ most attractive features.

When you download and use any of our games on your mobile device or on a personal computer, information regarding your in-game actions, your user identifier or unique device and country in which the mobile phone or device is registered or located will be collected from you, and we may also collect your mobile phone number, and other information you provide, such as user name, or e-mail address. When our mobile or web-based applications are used, information about your mobile device type, operating system, IP address and browser type are also collected. We use such information in relation to providing our mobile and web-based applications, such as to authenticate you and to communicate with you regarding the Services by push notification, SMS, e-mail, text message or other electronic means to your mobile device. By using the Services, you agree to letting us retain all the above information in any form as we see fit. We only collect information to the extent that is reasonably necessary to comply with your requests and our legitimate business objectives.

How and Where Personal Information Are Stored, International Transfer and Security of Personal Information

We are a global organisation and the Personal Information, Non-Personal Information or aggregate information we collect or receive are stored in different locations’ data storage facilities. For instance, if you are located outside Hong Kong and choose to provide information to us, we may transfer your Personal Information to Hong Kong and processes it there and your submission of such information represents your agreement to that transfer. We may use, transfer to, process or hold such information by computers located in other countries, including countries outside your country of residence or governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction, and used for the purposes set out in this Privacy Policy.

We may use third parties service providers for the collection, processing and storage of your Personal Information, Non-Personal Information or aggregate information in the data storage servers and/or equipment owned and operated by such third parties, and such third parties will comply with our Privacy Policy and to use your Personal Information only for the purposes for which they have been engaged by us. We are not responsible for these third parties’ acts and omissions, except as provided by the applicable laws. Please note that the data protection laws of other countries may not be the same as those of your country of residence or governmental jurisdiction. You hereby consent to the transfer, storage and processing of your Personal Information as mentioned in this section.

We also understand that it is important to safeguard your information. Commercially reasonable security measures to safeguard and secure your information and to prevent the destruction, loss, misuse and alteration of information under our control have been implemented by us. We do not believe that there is any transmission method over website or Internet that is completely flawless, even though our commercially reasonable technical and organizational measures designed to secure Personal Information have been put in place against possible breaches of our sites’ security and our user records and databases. We are not liable for data loss, hacking, unauthorized access or other breaches in relation to our servers and systems or guarantee the security of user account information. You transmit your information to our sites at your own risk. After we receive your information, we have procedures and security measures in place to attempt to prevent any unauthorised access. You also have the obligation to limit access to your computer (or other device) and browser by logging out after you have finished accessing your account to ensure that there is no unauthorized access to your account and Personal Information.

How Personal Information Are Used

We may use the information collected from you, including your Personal Information, Non-Personal Information or aggregate information, the following ways to: (1) provide advertising and promotional information in connection with the Services; (2) prevent fraud or potentially illegal, unethical or legally actionable activities, and enforce the relevant terms of service; (3) notify you of new game releases or updates; (4) communicate with you about the Services; (5) provide to government or law enforcement officials to protect our rights and property as well as those of third party and protect the safety of the public or any person; (6) solicit feedback and input to improve the Services, including our websites, products and services and personalize your user experience, diagnose problems with our server and develop new product and services; (7) operate, maintain and manage the Services; (8) provide technical support and respond to user requests; or (9) if you consent or do not object to our use of your Personal Information in direct marketing (please see further details in the “Use of Personal Information in Direct Marketing” section below), conduct direct marketing activities, such as sending you offers, promotions, rewards, discounts, events and benefits in relation to the Services and products and services offered by our business partners or third party merchants.

Use of Personal Information in Direct Marketing

From time to time, we may conduct direct marketing of the Services through email, direct mails, telemarketing, fax and/or other form of communication to you. We intend to use your Personal Information for direct marketing carried out by us or one of our business partners or third party merchants. For the purpose of direct marketing, we shall use your name (including surname and given name), address, telephone number, email address and other information, if any, that you provide to us for offers, promotions, rewards, discounts, events and benefits in relation to the Services and products and services offered by our business partners or third party merchants.

Please note that we may not use or provide your Personal Information to others for direct marketing purposes unless exempted by the relevant regulations or we have received your consent (which includes an indication of no objection).

You may indicate your consent to the above by ticking the box(es) indicating your consent contained in the relevant communications. If you do not wish (i) any of your Personal Information to be used in any of the described direct marketing activitiesor (ii) to receive from us (a) any promotional and direct marketing materials, (b) any particular types of promotional and direct marketing materials, and/or (c) such materials through any particular means of communication, you can at any time opt-out, free-of-charge, by contacting us at gamesupport@orientedgames.com, following the “opt-out” instructions contained in the relevant communications, or following the instructions in the “Options You May Have” section below.

Sharing Personal Information

In general, we do not sell or rent your Personal Information to other third parties. Your Personal Information may only be shared in the following circumstances:

Responses to User Submissions

We may send email and other communication to you relating to your User Submissions as part of the Services. You agree that by posting such User Submissions, you may be receiving email and other communication from us that we determine in our sole discretion relate to your User Submissions.

Offer wall

Our games may display a third party hosted “offer wall”. Such offer wall allows third party advertisers to provide virtual money to users and in return such user will respond to an advertisement or complete an advertisement offer. Such offer wall may appear in the games and be displayed to you based on certain information, such as your geographic area or demographic information. When you click on one of these offer walls, you will leave our or our partners’ site at the time. A unique identifier, such as your user ID number, will be shared with the offer wall provider in order to prevent fraud and properly credit user accounts.

Users’ profiles

We may display your user profile information including your username and other information entered by you (“User Submissions”) to other users to facilitate user interaction within the Services.

With Your Consent

Except as mentioned in this Privacy Policy, we will notify you when your Personal Information may be shared with other third parties, and you may elect not to share such information.

Advertisers

You agree that any of the information we have collected from you (including information you may have decided not to show to other users) may be used by us to choose or allow the advertisers to choose the appropriate audience for their advertisements.

Service Providers

We also use other companies and third parties to perform tasks for us and we will share your information with them to provide you with the relevant products or services. When such third parties collect or possess any information other than non-personal, anonymous and/or aggregated data, they do not have any right to use such Personal Information we share with them beyond what is necessary to assist us, unless you are told otherwise. Such service providers are required to use your Personal information consistently with our Privacy Policy and protect and maintain the collected information’s confidentiality during their engagement by us and refrain from using such information for any purpose other than to provide the Services for us without your express consent. You consent to our sharing of Personal Information for such purposes.

Transfers of business

If we decide to dispose our assets, we may include user information as part of the business assets that are transferred to the buyer. At the same time, if we, or substantially all of our assets, were acquired, or in the unlikely event that we go out of business or enter bankruptcy, information of our users would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and your Personal Information may continue to be used by any of our purchasers or the purchasers of our assets as set forth in this Privacy Policy.

Legal reasons

If we believe in good faith that the release of your Personal Information is necessary to (i) comply with the relevant law, regulation, legal process or enforceable governmental request, (ii) detect, prevent or otherwise address fraud, security or technical issues, (iii) enforce or apply our conditions of use and other agreements, or (iv) protect our rights, property, or safety, or those of our employees, users or others, we may do the same. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

Affiliated businesses that we do not control

A variety of businesses may become affiliated and work closely with us. Through the Services, items may be sold to you by such affiliated businesses, and services or products may also be provided or sold to you by us jointly with such affiliated businesses. You can recognize when an affiliated business is associated with your transaction, and we may share your Personal Information that is related to such transactions with that affiliated business.

To improve the Services to serve you better, we may also use your Personal Information for our own marketing and demographic research. This Privacy Policy does not restrict our collection of aggregate information, and we may disclose this information to any third parties.

Linked Third Party Sites’ Privacy Policies

Our sites and the Services may contain links to websites of other third parties that we do not own or have any control. It does not mean that we authorise, sponsor or endorse those third parties, nor is it a representation of our association with them, when we provide such links to other websites. If you click on such links, including clicking on a banner ad or other type of advertisement, you will leave our site and will be directed to those third parties’ sites. As we do not have any control over such third parties’ activities, we are not responsible for their websites’ content or privacy practices, the collection or use of your information or any of their products or services. We cannot provide assurance that such third parties employ the same or similar privacy and security practices as us. We strongly advise you to review such other websites’ privacy policies, as their privacy policy governs any information you provide to these third parties. Only information collected on or through the Services is subject to this Privacy Policy. The Services may also contain other third party service providers’ tracking tools. We may also use such third parties’ APIs/SDKs in providing the Services to you, which may allow these third parties to analyze user information. Although these third parties may have access to your Personal Information when services are performed for us, they may not use such information for any purposes other than to provide their services.

A Special Note About Children Under The Age of 13

Please note that this “A Special Note About Children Under the Age of 13” section only applies to procedures when collecting information from children under the age of 13.

We recognise a special obligation to protect Personal Information obtained from young children. The Services are not geared toward children under the age of 13 and we do not knowingly collect any Personal Information from such children. If we collect any personal information (as defined in the Children’s Online Privacy Protection Act (“COPPA”), which was established by U.S. Congress to protect children’s online privacy) from children under the age of 13, we will either (1) comply with the requirements of COPPA and gain prior verifiable parental consent or direct parental notification of the nature and intended use of such information, which shall include an opportunity for the parent to prevent use of the information and participation in the activity; or (2) promptly erase from our files and records such information. For more information about COPPA and children’s rights to online privacy, please visit the Children’s Privacy section of the Federal Trade Commission’s website at http://www.business.ftc.gov/privacy-and-security/childrens-privacy.

In addition, we recommend that children over the age of 13 shall ask their parents for permission before transmitting any of their information to anyone over the Internet, and we suggest parents to tell their children not to provide their personal information, without permission, when using the Internet.

A. What types of information do we collect from children?

We mainly collect persistent identifier (such as an IP address, mobile device id, or a unique device identifier) from the child. We may also collect the email address of the child.

Please note that all sites that are directed to children under the age of 13 are prohibited by COPPA from conditioning a child’s participation in an online activity on the child’s disclosure of more personal information than is reasonably necessary to participate in the activity.

B. How do we use and share the personal information collected from children?

We use the collected persistent identifier for the sole purpose of providing support for internal operations of the Service, including activities necessary for us to maintain or analyze the functioning of the Services, authenticate users or personalize content, serve contextual advertising or cap the frequency of advertising, protect the security or integrity of the user or the Service, or ensure legal or regulatory compliance.

The collected persistent identifier is not shared with other third parties. However, we may, from time to time contract with certain third party service providers to provide support for the internal operations of the Service. Your personal information is not used or disclosed by these contracted third party service providers except for the limited service for which they have been contracted.

We collect a child’s email address in connection with a question emailed to us by the child for the sole purpose of communicating with the child on a one-time-only basis (e.g. responding to a question from the child). We will not use or disclose such information to re-contact the child or for any other purpose, and such information will be deleted from our records promptly after responding to the child’s request. If we choose not to respond to the child’s request, we will immediately delete the child’s information.

C. How can parents review or delete personal information about their child?

At any time, parents of children under the age of 13 may review or delete personal information about their children from our records, or refuse to permit our further collection or use of such personal information. Please contact us at games@sparksph.com if you would like to review or delete your child’s personal information, or to inform us about your refusal to permit our further collection of such personal information.

Whenever a parent requests a deletion of his or her child’s personal information, we will use reasonable efforts to delete the child’s information from our records as much as possible and will not collect any other personal information from such child. Please note that there may be residual information that will remain in our records that may or may not contain the personal information that was requested to be deleted. Such residual information will not be disclosed or shared with any other third party or used for any commercial purpose.

D. Changes in our Privacy Policy Regarding Children Under the Age of 13?

We may amend our Privacy Policy Regarding Children Under the Age of 13 at any time. We will provide parents notice by e-mail of any material changes in the way we intend to collect, use, and/or share a child’s personal information. Please note that, at all times, parents should update their personal information to provide us current e-mail addresses. We will apply material changes in our Privacy Policy Regarding Children Under the Age of 13 only in conformance with applicable law, including any applicable provisions of COPPA that require parental consent.

E. Contact us

If you have any other questions about our Privacy Policy for Children Under the Age of 13, including our practices in relation to children’s personal information, in particular collecting or maintaining such personal information, please contact us at:

Sparks International Production

17N Burgundy Corporate Tower, Sen. Gil Puyat Ave. Makati City, 1200 Philippines

or send us an email at: games@sparksph.com

Or call us at: (852) 9234 3807

Options You May Have

You may not wish to disclose any of your information, even though such information may be necessary to take advantage of or register for certain features of the Services. Please let us know at games@sparksph.com if you decide to opt out from receiving direct marketing materials from us or not to receive email or other mail from us in the future. If you do not wish to receive any legal notices from us, including this Privacy Policy, such legal notices will continue to govern your use of the Services, and you are responsible for reviewing such legal notices for any changes.

How To Access or Update Personal Information

Any Personal Information collected and held by us may be accessed or updated by you by changing the relevant information through our sites. You may contact us at gamesupport@orientedgames.com if for any reason you are concerned that your Personal Information maintained by us is incorrect or if you decide to close your account(s). We will review, update, correct or delete the relevant information as appropriate and your information may still be retained in our systems for enforcing our user agreement, maintaining the security, integrity and operation of our sites and the Services and resolving any disputes.

How To Contact Us

We welcome your questions, comments or concerns regarding this Privacy Policy on the Services. Please send us your feedback at games@sparksph.com.