This page supplements Spark's master Privacy Policy with disclosures required for visitors in the European Union under the General Data Protection Regulation ("GDPR") and, where applicable, the Digital Services Act ("DSA"). It does not restate rights already described in the master Privacy Policy — only what EU law adds.
1. Applicability
This page applies to you if you are located in the European Union or European Economic Area.
2. Your Rights Under the GDPR
In addition to the rights described in our master Privacy Policy, you have the right to:
- Access the personal data we hold about you (Art. 15);
- Rectify inaccurate personal data (Art. 16);
- Erase your personal data, in certain circumstances (Art. 17);
- Restrict our processing of your personal data (Art. 18);
- Receive your data in a portable format (Art. 20);
- Object to processing based on legitimate interests (Art. 21); and
- Not be subject to a decision based solely on automated processing that produces legal or similarly significant effects concerning you (Art. 22) — for the avoidance of doubt, Spark's peer-verification and merit-evaluation features (see our Terms of Service) reflect the independent judgment of other users, not an automated decision made by Spark.
3. How to Exercise Your Rights
You may exercise these rights by contacting us using the details in Section 7. We will respond within one month of receiving your request, as required by the GDPR, extendable by a further two months for complex or numerous requests, in which case we will notify you.
4. Supervisory Authority
You have the right to lodge a complaint with the data protection supervisory authority in your EU member state of residence, place of work, or the place of the alleged infringement, if you believe our processing of your personal data violates the GDPR.
5. Digital Services Act Disclosures
Spark provides a hosting and, for public-feed content, online platform service as those terms are used in the DSA. In connection with the DSA:
- Our single point of contact for EU authorities and users on DSA matters is legal@spark.bebulbed.com;
- You may report illegal content or content you believe violates our Acceptable Use Policy through our in-product reporting tools, and we will act on well-founded notices in accordance with the DSA's notice-and-action requirements;
- If we remove content or take action against your account, we will provide a statement of reasons where required, along with information on how to appeal that decision through our internal complaint-handling process; and
- Spark does not currently meet the DSA's "very large online platform" user thresholds; if that changes, this section will be updated with the additional disclosures that status requires.
6. Clause Overrides
Spark's Terms of Service designate the courts of South Australia and the Federal Court of Australia as the forum for disputes, and Australian law as the governing law, since Spark is an Australian venture. As an EU consumer, you retain the right to bring a claim in the courts of your own country of residence, and mandatory consumer-protection provisions of your country of residence continue to apply notwithstanding the Terms of Service's choice of Australian law and forum.
7. Contact
Questions about this page may be directed to privacy@spark.bebulbed.com. Spark has not currently appointed an Article 27 EU representative; this page will be updated if and when one is appointed as our EU user base grows.