Sparkler Privacy Policy

Please also read Sparkler's Terms of Use

Revision: May 30, 2018

Link to Prior Policies

Sparkler’s mission is to support families and the systems and organizations around them in promoting the early brain and child development of the family’s children. We feel privileged to participate with families in the raising of their children, and we are honored by the trust you put in us to help in this awesome and wonderful responsibility. Preserving your trust through your privacy and safety is incredibly important to us.

We will treat your data carefully, preserving your privacy according to the rules laid out in this document and to the best of our ability. Our Privacy Policy explains what information we collect, why we collect it, how we use that information, and the options you have, including how to access, update and delete your information.

In summary, we will only collect, use, and share your personal information in accordance with this Privacy Policy. This policy applies whether access Sparkler through our mobile application or any other means, or any of our other products or services that link to this Privacy Policy (collectively, the “Service”). In addition, this Privacy Policy also covers Sparkler’s treatment of any personal information about our users that our partners or other services might share with us.

Please note that this privacy policy operates in conjunction with Sparkler’s terms of use. It also may operate in conjunction with the contractual agreements we make with partnering organizations and customers, who may by contract enhance your privacy but cannot diminish our obligations. This policy applies to all products and services offered by Mindful, Inc (“Sparkler,” “we,” “us,” “our,” and our subsidiaries or affiliates). By using the Service, you acknowledge that you accept and agree to this Privacy Policy and the associated Terms of Use.

If you have questions about our privacy policy, please feel free to email us at privacy@playsparkler.com.

What is Sparkler?

Sparkler is a mobile app and associated services that encourage the early brain and child development of young children through *off-screen* interaction with their parent/caregiver, supported by the network of organizations that support young children including pediatricians, social service agencies, and early childhood education. This includes an extensive library of play activities; interactive mechanisms to support parent engagement, including virtual coaching, account sharing between the adults caring for an individual child, and, soon, chat functions for groups of parents; and developmental screening to help pinpoint a child’s developmental progress and mobilize a system of support from health care, education, and social service institutions around the child and family.

Parents and caregivers access and set up Sparkler accounts by downloading the Sparkler app. Basic use without an access code provided by a sponsoring partner allows for access to the library of content only. Use through a sponsoring partner, such as a school district or social service agency, who have a unique access code and Sparkler environment, can make coaching, messaging, interactive services and developmental screening available depending on the services selected by the Sparkler partner. Parents and caregivers establish child profiles within their accounts, and the Sparkler experience is organized around the activity of the individual child as reported by the parent. Children never interact independently with Sparkler: Sparkler is a service for the adults, and Sparkler accounts, profiles, and information are all provided directly or indirectly by the adult Sparkler account holders. Parents and Sparkler accountholders can only view the profiles of children they have created, and/or that have been shared with them by another Sparkler user.

Please note that your participation and use of the Service is governed by our Terms of Service (“Terms”).

Who are Sparkler “Sponsoring Partners”?

Sparkler is often made available to parents and caregivers through “Sponsoring partner” organizations, or “Partners”, like early childhood centers, schools, health care organizations, employers, and social service agencies. These are organizations who are have independent relationships with the parents and caregivers, and are making Sparkler available to the parents and caregivers as a supportive service.

These partners are subject to FERPA, HIPPA, or similar policies that align with the limitation and responsibilities laid out in this Privacy Policy and associated terms of use. Our relationship with these partners is governed by contract, and include with a contract term or an assertion of commitment to these privacy policies and associated terms of use. Partners, as the sponsoring organization, will have access to the adult accounts and child profiles for the adults and corresponding children who are signed up through their access code, as described below. They also may trigger queries and account deletions from accounts within their partner code, as described below. A partners access and authority is limited only to those accounts which it supports, and parents may opt to create accounts outside of the partner by not using the partner code to register with Sparkler.

What information does Sparkler collect?

We collect two types of information about you: (1) information that you voluntarily provide us by using the Sparkler Service (described below under “Information you provide to us”) and (2) information collected automatically as result of your use of the Service (described below under “Information collected automatically”).

Information you provide to us

Parents and caregivers are the primary end-users of Sparkler. Staff of partner organizations may also interact with our administrative interfaces, as described above. We collect and store the following types of information from each type of user:

Account Sign-up and Profile Information: To create a Sparker account, you will be asked to provide some basic information such as your first and last name, email address, telephone number, password and a profile photo. You will also be asked to create child profiles, providing the name, date of birth, and relevant information about your child.

Partner and Program Information: If you provide a partner code when you sign up, your account will be associated with a particular partner (such as your school district or health care provider), and you may be asked to specify what particular program you participate in for that partner (i.e. school, teacher, or doctor’s office). Sparkler may also compare your sign-in information to the rosters and other information provided by the partner, to further specify the services and support you receive from that partner. By connecting you with your partner and program, the Service may enable and provide additional features including collaboration features within the same partner and program.

Shared Accounts: As a parent or caregiver, you have the ability to invite other adults to view the profile for and participate in activities for the specific child profiles that you create. We will collect and store the email and phone numbers you provide with these requests, and record the linkage of your account with these others. We will treat this as personal information in accordance with this Privacy Policy. If these individuals would like to request deletion of their information, they may contact us directly at privacy@sparkler.com.

Play Activity: As you use Sparkler, you will be asked to note information about the play activities you engage in with your child(ren), including noting both feedback on the child’s activity and experience and photos/videos/audio. This play activity cannot be viewed by the general public through our Service. Play activity can only be viewed on Sparkler by you, by other Sparkler accounts you have invited to participate for that individual child, and by staff and administrators from Sparkler or the Partner who are involved in providing the Service to you.

Developmental Screening: Sparkler includes a module for developmental screening, posing questions to parents about the activity of their children as a way to measure developmental level. When this module is engaged by a partner, the information is similar to Play Activity. Responses cannot be viewed by the general public through our service. Responses to the developmental screening questionnaires can only be viewed by you, by other Sparkler accounts you have invited to participate for that child, and by staff and administrators from Sparkler or the Sparkler Third Party providers who are involved in providing the Service to you.

Coaching and Messaging: As a parent or caregiver, depending on the services accessed through the Partner, you may receive coaching messages through the Sparkler service, and have the ability to engage in chat/message exchanges with your coach. In the near future, we also expect to provide chat functions for parents, in chat groups that they establish for themselves. As a parent or caregiver, your name and profile photo may be displayed to the person with whom you are messaging. We will store coaching messages and chat exchanges to provide the Service. The information in a coaching and/or chat exchanges is associated with your account, and will be deleted whenever your account is deleted subject to the terms of account deletion.

Our use of the information above is described below in the section “How Does Sparkler Use the Information it Collects”.

Information collected automatically

Like most application-based services, we (or our service providers) may automatically receive and log information on our server logs from your device when you use the Service. For example, this could include the frequency and duration of your visits to the various parts of Sparkler. If you use Sparkler on different devices, we may link the information we collect from those different devices to help us provide a consistent Service across your different devices. If we do combine any automatically-collected information with personal information, we will treat the combined information as personal information, and it will be protected as per this Privacy Policy.

The technologies and information we automatically collect include:

Cookies and other similar technologies We (or our service providers) may use cookies or similar technologies to identify your browser or device.

Local storage We may also use, collect and store information locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.

Like many services, Sparkler uses these technologies to analyze trends, gather demographic information, understand your engagement with the Sparkler Mobile Application, administer the Service, tailor the Service for you, and to help the Service work better for you.

Location information: When you use a location-­enabled Sparkler service, we may collect and process information about your actual location. When you do not use a location enabled service, we may infer your approximate location by examining your Network information.

Device information We may collect device-specific information such as your device type, device brand, operating system, hardware version, device settings, file and software names and types, battery and signal strength, and device identifiers. This helps us measure how the Service is performing, improve Sparkler for you on your particular device, and send you push notifications if you’ve opted in to receive them.

Mobile application information: Certain mobile applications or “apps” include a unique application number. This number and information about your installation (for example, the operating system type and application version number) may be sent to Sparkler when you install or uninstall that application, such as when you install the Sparkler App, or when that application periodically contacts our servers, such as for automatic updates. Additionally, we may receive application state and crash log information which will help with “debugging” and for improvement of the Sparkler App.

Server log information Like most online services, when you use our Service, we automatically collect and store certain information in our server logs. Examples include things like:

• Details of how you used our service, such as your activity on the Service, and the frequency and duration of your visits to the Sparkler App (similar to TV ratings that indicate how many people watched a particular show)

• Telephony log information like your phone number and SMS routing information

• IP Address

• Device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL

This information helps us make decisions about what we should work on next - for example, by showing which features are most (or least!) popular.

Information received from Partners and third-party sources

We may also obtain information, including personal information, from Sparkler Partners and third-party sources to update or supplement the information you provided or we collected automatically. Local law may require you authorize the third-party to share your information with us before we can acquire it. This may include aggregated anonymous information or certain personal information that may be provided to us to support the provision of Sparkler services. If we receive personal information from partners or third-parties, we will handle it in accordance with this Privacy Policy. If we directly combine information we receive from other third-parties with personal information that we collect through the Service, we will treat the combined information as personal information and handle it in accordance with this Privacy Policy. Additionally, we may use any aggregated anonymous information received by third-parties as set forth below under the heading “Aggregated Information and Non-Identifying Information”.

How does Sparkler use the information it collects?

First and foremost, you should know that Sparkler does not sell or rent any of your, or your child’s, personal information to any third-party for any purpose - including for advertising or marketing purposes. Third-party advertising does not happen in Sparkler. We use the information we collect from you to provide you with the best Sparkler experience. More specifically, this information is used to:

• Provide the service, including personalization of play content, virtual coaching, and interactive services

• Improve the Service, for example by developing new products and features

• Customize the Service for you, and improve your experience with it

• Send you information about features on our Service or changes to our policies and Service

• Provide parents and teachers information about Sparkler or Partner developments, events, and/or announcements we think will be of interest to you

• Most crucially, to protect our community by making sure the Service remains safe and secure

We use automatically collected information (described in the “Information collected automatically” section above) to provide and support our Service, and for the additional uses described in this section of our Privacy Policy.

Will Sparkler Share Any Information it Collects?

Again, please know that Sparkler does not sell or rent your (or your child’s) personal information to any third-party for any purpose - including for advertising or marketing purposes. We share with Third-Parties, including Sparkler Partners and service providers *only* so that we can provide and improve the Sparkler service. Furthermore, we do not share personal information with any third-parties except in the limited circumstances described in this Privacy Policy:

We do not share personal information with companies, organizations and individuals outside of Sparkler unless one of the following circumstances applies:

With your consent

We will share personal information with companies, organizations or individuals outside of Sparkler when we have your consent to do so. We require opt-­in consent for the sharing of any sensitive personal information. Note that this includes choosing to share information or content through the Service with other Sparkler account holders through the Sparkler app - for example, sharing a child’s playbook, feedback and photos from play, and coaching exchanges based on that play

Please keep in mind that information (including personal Information or children's personal information) or content that you voluntarily disclose to other providers or Sparkler Accountholders - including to other Sparkler users you interact with through the Service (such as messages you might send other users or other teachers and school leaders you collaborate with) - can be viewed, copied, stored, and used by the people you share it with. We cannot control the actions of people with whom you choose to share information and we are not responsible for the collection, use or disclosure of such information or content by others.

With partner administrators and their authorized recipients

If you access Sparkler using a partner code, you are acknowledging that the partner can access your account information, child profiles, play activities, and other features of Sparkler. That is, if your Sparkler account is managed for you by a Sparkler partner then your administrator and others who provide user support to your organization may have access to your Sparkler account information (including your email and other personal activity data). Your administrator may be able to view statistics regarding your account, like statistics regarding play and developmental screening and other portions of the Service you interact with. In signing up to sponsor Sparkler, Partners commit to access, use, and maintain your Sparkler data consistent with this agreement.

In some cases, partner administrators will authorize authorized professional staff to view or interact with your information, usually to improve the services you receive related to the information. For example, a partner administrator may make your data available to your teacher, so they can help you learn, or they may ask us to make your data available within an authorized Learning Management System or Electronic Medical Record.

Third-party integrations on our Service : When, as a parent or caregiver, you use third-party apps, websites or other services that use, or are integrated with, our Service, they may receive information about what you post or share. For example, when you sign in via Facebook or Google, these services receive the information that you share through this functionality, and information that you are sharing from Sparkler. Information collected by these apps, websites or integrated services is subject to their own terms and policies.

For Service Provision

We work with vendors, service providers, and other partners to help us provide the Service by performing tasks on our behalf. We may need to share or provide information (including personal information) to them to help them perform these business functions, for example sending emails on our behalf, database management services, database hosting, providing customer support software, analytics services, and data security. Additionally, we may also share information with social networking and other websites, applications or partners, for marketing and advertising our products or services on those websites or applications (this will never include personal information of students

Please see here for a list of the third-parties we work with to provide the Service. Generally, these service providers do not have the right to use your personal information we share with them beyond what is necessary to assist us. Additionally, these service providers provide Sparkler with assurances that they can and will adhere to confidentiality and security obligations in a way that is consistent with this Privacy Policy.

For legal reasons

We will share personal information with companies, organizations or individuals outside of Sparkler if we have a good faith belief that access, use, preservation or disclosure of the information is reasonably necessary to: meet any applicable law, regulation, legal process or enforceable governmental request, enforce applicable Terms of Service, including investigation of potential violations, detect, prevent, or otherwise address fraud, security or technical issues, protect against harm to the rights, property or safety of Sparkler, our users, employees or the public as required or permitted by law.

Aggregated Information and Non-Identifying Information :

We may share aggregated, non-personally identifiable information publicly, including with users, partners or the press in order to, for example, demonstrate how Sparkler is used, spot industry trends, or to provide marketing materials for Sparker. Any aggregated information shared this way will not contain any personal information.

Sharing with other Sparkler Companies and Change of Control:

Over time, Sparkler may grow and reorganize. We may share your personal information with affiliates such as a parent company, subsidiaries, joint venture partners or other companies that we control or that are under common control with us, in which case we will require those companies to agree to use your personal information in a way that is consistent with this Privacy Policy.

In the event that all or a portion of Sparkler or its assets are acquired by or merged with a third-party, personal information that we have collected from users would be one of the assets transferred to or acquired by that third-party. This Privacy Policy will continue to apply to your information, and any acquirer would only be able to handle your personal information as per this policy (unless you give consent to a new policy). We will provide you with notice of an acquisition within thirty (30) days following the completion of such a transaction, by posting on our homepage, or by email to your email address that you provided to us. If you do not consent to the use of your personal information by such a successor company, you may request its deletion from the company.

In the unlikely event that Sparkler goes out of business, or files for bankruptcy, we will protect your personal information, and will not sell it to any third-party. For more information on our practices regarding your data if we go out of business, please see our FAQ.

How does Sparkler protect and secure my information?

The security of your personal information is important to us. We work hard to protect Sparkler and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular, we encrypt many of our services using SSL. We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems. We restrict access to personal information to Sparkler employees, contractors and agents who need to know that information in order to process or manage it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations. When our or our contractors employees end their employment, for any reason, we revoke their access to our systems and Sparkler data systems.

Although we make concerted good faith efforts to maintain the security of personal information, and we work hard to ensure the integrity and security of our systems, no practices are 100% immune, and we can’t guarantee the security of information. Outages, attacks, human error, system failure, unauthorized use or other factors may compromise the security of user information at any time. If we learn of a security breach, we will follow the attached Incident Response and Brief Policy , which, depending on the nature and severity of the breach, may include attempting to notify you electronically (subject to any applicable laws) so that you can take appropriate protective steps. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

Your Sparkler account is protected by a password. You can help us protect against unauthorized access to your account by keeping your password secret at all times.

Sparkler’s commitments to providing Transparency and Choice

People have different privacy concerns. Our goal is to be clear about what information we collect, so that you can make meaningful choices about how it is used. For example, you can:

• Opt-out of providing certain information

• Access and manage your account information by using the account settings within Sparkler

• Control who you share information with

• Delete your information from Sparkler

Please note that if you opt out of providing information and or limit who information is shared with, Sparkler features and functions may not work fully as designed, and your Sparkler experience may be diminished. You may also limit information or sharing to such an extent that your Sparkler account is ineffective, and the appropriate response will be to delete your account.

How can I access and manage my personal information?

Sparkler aims to provide you with easy access to any personal information we have collected about you. If that information is incorrect, we give you easy ways to update it , or to delete it, unless we have to keep that information for legitimate business (e.g., we need at least an email address for your account) or legal purposes.

Note that for purposes of this section and the section on deleting information, a Sponsoring Partner may make the same requests, and be afforded the same responses, as a parent or caregiver accountholder who is enrolled in their partner environment.

Accessing Your Information : Upon request, Sparkler will provide you with information about whether we hold any of your personal information, and, If you are a user of Sparkler, you may request access to all your personal information we have on file by contacting us at privacy@sparkler.com. In some cases, we won’t be able to guarantee complete access due to legal restrictions - for example, you will not be allowed to access files that contain information about other users or information that is confidential to us.

Managing Your Information : You may update, correct, or delete some of your or your child’s profile information or your preferences at any time by logging into your account on Sparkler and accessing your account page. You may have to verify your identity before you can do that. You may also, at any time, update, correct, or delete certain personal information that you have provided to us by contacting us at privacy@playsparkler.com. We will respond to your request within a reasonable timeframe.

We may reject requests for access, change or deletion that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup systems).

Where we can provide information access and correction, we will do so for free, except where it would require a disproportionate effort. We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, even after you update or delete personal information you have provided us from our Service, your personal information may be retained in our backup files and archives for a reasonable period of time for legal purposes or for so long as is necessary in light of the purposes for which such records were collected or legitimately further processed.

How can I delete my account?

We hope you love using Sparkler now and always. However, if for some reason you ever want to delete your account (or your child’s profile, if you are his or her parent), you can do that at any time by contacting us at help@playsparkler.com.

When you delete your account, we delete your profile information and any other content you provide in your profile (such as your name, username, password, email address, and profile photos) and we disassociate and de-identify any information we preserve to continue to improve our services generally, such as play activity, developmental screening, and coaching/chat messaging. Some information that you have shared with other account holders, others have shared about you, or content other users may have copied and stored, is not part of your account and may not be deleted when you delete your account.

How long does Sparkler keep information about me?

We store your personal information for as long as it is necessary to provide products and Services to you, including those described above. Personal information associated with your account will be kept until your account is deleted, unless we no longer need the data to provide products and services, in which case we will delete prior to your deleting your account. If your account becomes inactive, or the agreement with the Sponsoring Partner expires or is terminated, our policy is to delete the account after 1 year, unless you or the Partner request some other time period.

Please note that we may have to retain some information after your account is closed, to comply with legal obligations, to protect the safety and security of our community or our Service, or to prevent abuse of our Terms. You can, of course, delete your account at any time, as per the “How can I delete my account?” section.

Social Media Features/Widgets

The Service may now or in the future include social media features, such as the Facebook Like button, and the Twitter Tweet button, or the ability to register on Sparkler or otherwise grant access to a third-party social networking service, such as through Facebook Connect or Google (collectively "Social Media Features"). These Social Media Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. You may be given the option by such Social Media Features to post information about your activities on our Service to a profile page of yours that is provided by a third-party social media network in order to share with others within your network. Additionally, if you decide to register on Sparkler through a Social Media Feature, Sparkler may also collect personal information that is already associated with your account connected to the Social Media Feature. If you choose to provide such information, during registration or otherwise, you are giving Sparkler the permission to use, share, and store it in a manner consistent with this Privacy Policy. Social Media Features are either hosted by a third-party or hosted directly on our Service. Your interactions with these Social Media Features are governed by the privacy policy of the company providing each Social Media Feature. If you are not comfortable accessing such social media websites and using such Social Media Features, please don’t use them!

Third-party Content

The Service may contain links to websites and services provided by third-parties (e.g. video players). Any personal information you provide on third-party websites or services is provided directly to that third-party and is subject to that third-party’s policies governing privacy and security. This Privacy Policy does not apply to these websites or services. The fact that we link to a website is not an endorsement, authorization or representation that we are affiliated with that third-party, nor is it an endorsement of their privacy or information security policies or practices. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you, including if you view a video through an embedded video player which is played off our Service, but may appear to still be playing on our Service. We are not responsible for the content or privacy and security practices and policies of third-party websites or services. We encourage you to learn about third-parties’ privacy and security policies before providing them with personal information.

How will Sparkler notify me of changes to this policy?

Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent or giving you the opportunity to opt-out of any changes. We will update you at the email address we have on file for any significant change, at least 30 days before we implement the change. Opting-out could require stopping your use of our services entirely, and/or deleting your account. By continuing to use the Service after the revised Privacy Policy has become effective, you acknowledge that you accept and agree to the current version of the Privacy Policy.

We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice including email notification of privacy policy changes to the email you provide at registration at least 30 days before the changes go into effect. We will also keep prior versions of this Privacy Policy in an archive for your review upon request. If you have questions regarding our privacy policy you can email privacy@playsparkler.com for more information.

How can I contact Sparkler with questions or complaints?

If you have any questions about this Privacy Policy or how we protect our community, please contact us at privacy@playsparkler.com.

If you have any concerns about this Privacy Policy or how we protect your information and our community, please contact us at privacy@playsparkler.com.