Sparky - Privacy Policy

1. General

This privacy policy (the ”Privacy Policy”), together with Go Sparky S.L., CIF. nr. B-88237599 (”Sparky”) user agreement (the “Sparky User Agreement”), available on the Sparky website, (the ”Website”), describes the personal data Sparky gathers, for which purpose Sparky use the information, how long Sparky store the information and if such information is shared with third parties.

Unless otherwise stated in this Privacy Policy, the definitions used herein will have the same meaning as in the Sparky User Agreement. Questions regarding the Privacy Policy and Sparky’s processing of Your personal information can be sent to [email protected].

2. Purpose and use of personal information

2.1 Processing

When You rent a Scooter or use Services provided by Sparky, then Sparky is processing Your personal information for causes as stated in the Sparky User Agreement, this Privacy Policy and in compliance with applicable laws and regulations.

2.2 Sparky is processing Your personal data for the following purposes:
  • a) to enter into or perform a contractual agreement with You in accordance with the Sparky User Agreement or in accordance with any other contractual obligation between Sparky and You as a User of the Services,
  • b) to perform statistical analyzes and analyze data in order to develop the Services regarding functionality, security and methods, as well as analyze markets and customers. Lawful basis for this processing is Sparky’s legitimate interest in being able to develop our services and increase our understanding of the market and customers, or
  • c) to provide You with information regarding Sparky’s Services. For example, Sparky will, segment and analyze position data in order to provide custom information based on Your specific preferences and behavior patterns. Sparky’s lawful basis for this processing is that itis a contractual necessity for Sparky to provide You the Services.

When using the Services, as described in the Sparky User Agreement and this Privacy Policy, Sparky is the data controller in accordance with applicable law. Sparky cannot provide the Services unless You agree to this processing. Please note that Sparky therefore is unable to exclude the processing of personal data as stated above. If You revoke any consent, it does not affect the legality of any treatment that has occurred before the consent was revoked.

If You don’t comply with Sparky processing your personal data in accordance with section 2.2 above, You must notify Sparky in accordance with section 3 below. Such notice may be sent to [email protected] or to Go Sparky S.L., Hermosilla 18, 280 01 Madrid.

2.3 Processing certain personal data

Sparky may, for the purposes described in section 2.2 above, process location data, name, address, phone number, e-mail address, and other information provided to Sparky. The lawful basis for this processing is a contractual necessity.

Sparky does not process any special category data as defined by GDPR.

Sparky does not collect Your payment information as this is sent directly to our payment provider in encrypted form.

2.4 External parties

Sparky will provide personal information to external parties that provide services to Sparky, such as IT service providers. Sparky also provide information to authorities if we are required to do so by law or authority decision. If Sparky transfers Your personal data outside the EU/EEA, this will only happen after adequate protection measures have been taken, for example by entering data processing and transfer agreements with the recipient of the data.

2.5 Other processing

Sparky may also process Your personal data in order to:

  • a) comply with laws and regulations or by court order,
  • b) apply the Sparky User Agreement, or
  • c) ensure capability to protect Sparky’s or any third parties’ rights, such as in a court case.

3. Rights and contact

3.1 The company is the data controller and is responsible for processing Your personal data in accordance with applicable law. Your data is saved only as long as there is a need to preserve it to fulfill the purposes for which the data was collected. If Your account needed for using the Services is terminated, we will delete all Your personal data you that we have saved, with exception for data that needs to be saved by Sparky due to legal requirements or to safeguard Sparky’s legal interests.

3.2 Sparky strives to keep the collections of Your personal information accurate and up to date. You are free to request access, updates, modifications and deletion of your personal information and limit Sparky’s processing of Your personal information. You also have the right to object to Sparky’s data processing and the right to data portability.

If You wish to exercise any of Your rights stated above, some changes can be made directly in the Sparky App, otherwise you may contact Sparky at [email protected], or to Go Sparky S.L., Hermosilla 18, 280 01 Madrid. In case of repetitive or unreasonable inquiries, Sparky is entitled to charge a fee. Sparky will normally answer your request within one month.

3.3 If you find that Your personal information is incorrect or not treated in accordance with applicable law or regulation, please contact Sparky at [email protected], or to Go Sparky S.L., Hermosilla 18, 280 01 Madrid. Sparky will immediately correct, block or delete inaccurate personal data and personal data not processed in accordance with applicable law.

The Spanish Data Protection Authority (Agencia Española de Protección de Datos) is the supervisory authority for personal data processing. If you believe that Sparky have processed Your personal information incorrectly, please contact and report Your complaint to: Agencia Española de Protección de Datos
Jorge Juan, 6
28 001 Madrid

3.4 Links to third party websites

The Sparky App and the Website may contain links to and from other third-party websites. Sparky are not responsible for the content of such websites or for the processing of Your personal information on those sites.

4. Security

The technology used by Sparky, together with this Privacy Policy, aims to protect Your personal data from unauthorized access and unauthorized use. Sparky may update these actions as new technology becomes available.

5. Changes in this Privacy Policy

Sparky reserves the right to, without notice, change this Privacy Policy by publishing a new version of this Privacy Policy on the Website. However, in case of significant changes, Sparky will notify You, such as by sending You an SMS with information about the changes.