Privacy Policy

1. ensure that you understand what personal data we collect about you, the reasons why we collect and use it, and who we share it with;

2. explain the way we use the personal data that you share with us in order to give you a great experience when you are using the Sark Service; and

3. explain your rights and choices in relation to the personal data we collect and process about you and how we will protect your privacy.

1. right of access - the right to be informed of, and request access to, the personal data we process about you;

2. right to rectification - the right to request that we amend or update your personal data where it is inaccurate or incomplete;

3. right to erasure - the right to request that we delete your personal data;

4. right to restrict - the right to request that we temporarily or permanently stop processing all or some of your personal data;

5. right to object - the right, at any time, to object to us processing your personal data on grounds relating to your particular situation; the right to object to your personal data being processed for direct marketing purposes;

6. right to data portability - the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party's service; and

7. right not to be subject to automated decision-making - the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.

This is the personal data that is provided by you or collected by us to enable you to sign up for and use the Sark Service. Depending on the type of Sark Service plan you sign up for, this may include your name, email address, phone number gender, and country.

Some of the personal data we will ask you to provide is required in order to create your account. You also have the option to provide us with additional personal data in order to make your account more personalized.

The exact personal data we will collect depends on the type of Sark Service plan you sign up for, how you create an account, and whether you use third party services to sign up and use the Sark Service. If you use a third party service to create an account, we will receive personal data via that third party service but only when you have consented to that third party service sharing your personal data with us. Please note that the available plans and sign-up options may differ by country.

This is the personal data that is collected about you when you’re accessing and/or using the Sark Service, including:

1. URL information;

2. online identifiers including cookie data and IP addresses;

3. information about the types of devices you are using such as unique device IDs, network connection type (e.g. wifi, 3G, LTE, Bluetooth), provider, network and device performance, browser type, language, information enabling digital rights management, operating system, and Sark application version; and

4. your non-precise location, which may be derived or inferred from certain technical data (e.g., your IP address, language setting of your device, or payment currency), to deliver personalized content and advertising to you.

We may collect certain personal data if you sign up for a Trial or purchase any of our Paid Subscriptions (as defined in the Terms and Conditions of Use) or make other purchases through the Sark Service. The exact personal data collected will vary depending on the payment method (e.g. direct via your mobile phone carrier or by invoice) but will include information such as:

1. name;

2. date of birth;

3. credit or debit card type, expiration date, and certain digits of your card number;

4. postal code;

5. mobile phone number; and

6. details of your purchase and payment history.

When you complete any forms, respond to a survey or questionnaire, or participate in a contest, we collect the personal data you provide.

1. Authentication Partners - If you register for or log into our services using third party credentials (e.g. Facebook), we will import your information from such third party to help create your account with us.

2. Technical Service Partners - We work with technical service partners that provide us with certain data, such as mapping IP addresses to non-precise location data (e.g., city, state), to enable us to provide the Sark Service, content, and features.

3. Payment Partners - We may receive data from our payment partners to enable us to send you invoices, process your payment and provide you with what you’ve purchased.

4. Advertisers and Other Advertising Partners - We may obtain certain data about you, such as cookie id, mobile device id, or email address, and inferences about your interests and preferences from certain advertisers and advertising partners that allow us to deliver more relevant ads and measure their effectiveness.

Third party applications and devices you connect to your Sark Account. If you connect your Sark account to a third party application and/or device(s), such as social media, Sark shares technical data with the operator of that third party application and/or device in order to connect your Sark account.

We work with service providers that work on our behalf which may need access to certain personal data in order to provide their services to us. These companies include those we have hired to provide customer service support, operate the technical infrastructure that we need to provide the Sark Service, assist in protecting and securing our systems and services, and help market Sark’s own products and services as well as partner products, services, events, and co-branded promotions in which Sark is involved.

We will share your personal data with our payment processors as necessary to enable them to process your payments, and for anti-fraud purposes.

We work with advertising partners to enable us to customize the advertising content you may receive on the Sark Service. These partners help us deliver more relevant ads and promotional messages to you, which may include interest based advertising (also known as online behavioral advertising), contextual advertising, and generic advertising on the Sark Service. We and our advertising partners may process certain personal data to help Sark understand your interests or preferences so that we can deliver advertisements that are more relevant to you.

Depending on how you sign up for the Sark Service (e.g. through a third party service or a mobile provider), we share your Sark username or other User Data as necessary to enable your account. We may also share personal data with that third party about your use of the Sark Service, such as whether and to what extent you have used the offer, activated a Sark account, or actively used the Sark Service

We will share your personal data with other Sark group companies to carry out our daily business operations and to enable us to maintain and provide the Sark Service to you.

We share your personal data when we in good faith believe it is necessary for us to do so in order to comply with a legal obligation under applicable law, or respond to valid legal process, such as a search warrant, a court order, or a subpoena. We also share your personal data where we in good faith believe that it is necessary for the purpose of our own, or a third party’s legitimate interest relating to national security, law enforcement, litigation, criminal investigation, protecting the safety of any person, or to prevent death or imminent bodily harm, provided that we deem that such interest is not overridden by your interests or fundamental rights and freedoms requiring the protection of your personal data.

We will share your personal data in those cases where we sell or negotiate to sell our business to a buyer or prospective buyer. In this situation, Sark will continue to ensure the confidentiality of your personal data and give you notice before your personal data is transferred to the buyer or becomes subject to a different privacy policy.

1. If there is an unresolved issue relating to your account, such as an outstanding credit on your account or an unresolved claim or dispute we will retain the necessary personal data until the issue is resolved;

2. Where we need to retain the personal data for our legal, tax, audit, and accounting obligations, we will retain the necessary personal data for the period required by applicable law; and/or,

3. Where necessary for our legitimate business interests such as fraud prevention or to maintain the security of our users.

Section 4 of this Policy sets forth the categories of personal information that Sark collects and processes about you, a description of each category, and the sources from which we obtain each category.

RIGHT TO KNOW REQUEST - Under the CCPA, you have a right to request information about our collection, use, and disclosure of your personal information over the prior 12 months, and ask that we provide you with the following information:

1. Categories of and specific pieces of personal information we have collected about you.

2. Categories of sources from which we collect personal information.

3. Purposes for collecting personal information.

4. Categories of third parties with which we share personal information.

5. Categories of personal information disclosed about you for a business purpose

6. If applicable, categories of personal information sold about you and the categories of third parties to which the personal information was sold, by category or categories of personal information for each third party to which the personal information was sold.

To make a verifiable request for information about the personal information we have collected about you, please contact us by visiting the ‘Contact’ page on our website or emailing us at [email protected]

RIGHT TO DELETE REQUEST - You also have a right to request that we delete personal information, subject to certain exceptions. You may exercise your right to delete by visiting the 'Contact’ page on our website and selecting "Account Deletion" as the subject or by emailing us at [email protected].

HOUSEHOLD REQUESTS - We currently do not collect household data. If all the members of a household make a Right to Know or Right to Delete request, we will respond as if the requests are individual requests.

REQUESTS, GENERALLY - Please note, if you do not have a Sark account we will not have enough information about you to verify your Right to Know and Right to Delete requests, as we do not keep sufficient information necessary to reidentify and link you to a prior visit to the Sark Service where data may have been collected. As such, we will be unable to verify and honor your requests. You may make a verifiable consumer request related to your personal information twice per 12-month period. We will not discriminate against you for exercising any of your rights under the CCPA.

REQUESTS MADE THROUGH AGENTS - You may designate, in writing or through a power of attorney, an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized it to act on your behalf, and we may need you to verify your identity directly with us.

In the preceding 12 months, Sark has disclosed certain data from the following categories of personal information to the categories of recipients listed in Section 6 of this Policy for one or more business purposes

1. User Data

2. Usage Data

3. Plan Verification Data

4 .Payment and Purchase Data

5 .Contests, Surveys and Sweepstakes Data

We do not sell personal information. We have taken substantial steps to identify and remediate any data sharing arrangements that could constitute a "sale" under the CCPA.

While we do not sell any personal information, we do provide Usage Data to advertising partners to enable us to provide you with interest-based advertising. If you prefer not to receive interest-based advertising, please opt out by visiting the 'Contact’ page on our website by emailing us at [email protected].

We will continue to update our business practices as regulatory guidance becomes available and provides clarity on what constitutes a sale transaction, particularly in the advertising ecosystem.