SpareKey Creative Privacy and Data Protection Policy and Notice
Last Updated: January 19, 2022
SpareKey Creative, LLC (including its wholly and partially owned subsidiaries) (“SKC“, “we“, “our” or the “Company“, and their cognates) respects the privacy of its customers, employees, candidates, members and followers, and is committed to protecting the personal information that its Users share with it. We are transparent about our practices regarding the information we may collect and use when you use the Services, apply for a position, are employed by us, visit our office sites, visit our websites, or otherwise engage with us, and describe our practices in this policy and notice.
SKC provides open work spaces, photography studio, private offices and related office services at its facility locations (the “Services“).
A User may be either an entity, for example an employer which has executed an agreement with SKC (“Customer “) or a Customer’s users, for example a Customer’s employees, of the Services (“End User(s) “) (Customer and End User and any others with respect to whom we collect personal data, shall collectively be referred to as “Users” or “you” or “Data Subjects”).
Please read the following carefully to understand our practices regarding your personal data and how we will treat it.
For the purposes of US Economic Area data protection law, (the “Data Protection Law“), SKC will usually be a data controller (the “Controller“).
WHICH INFORMATION MAY WE COLLECT?
Categories of information and data we may collect from our Users.
Data we collect about you from your use of the Service
One type of Data is non-identifiable and anonymous information (“Non-personal Information”). We also collect several categories of personal data (“Personal Data”). Personal Data which is being gathered consists of any details which are personally identifiable provided consciously and voluntarily by a Customer, End User or the Customer’s administrator or through your use of the SKC application and website (as described below). This may include your name (first and last), email address, phone numbers, picture, postal address, birthdate, gender, position and organization name, your bank account, credit card and other such payment and billing details, billing address, your SKC application account username and password and usage details, and other information User may choose to provide to SKC.
Additionally, we may obtain location data related to the geographic location of your laptop, mobile device, or other digital device on which the SKC website or application is used.
If you are visiting a User at one of our facility locations, we may ask you for your name, email address, phone number and the name and position of the person you are visiting. We use this information to facilitate our legitimate interest of providing reception services to Users and to let the User know that you are on your way to them, as well as to ensure the safety and security of our Users and premises.
You do not have any legal obligation to provide any information to SKC however, we require certain information in order to provide the Services. If you choose not to provide us with certain information, we may not be able to provide you with some or all of the Services.
SKC may also collect the email addresses of people who communicate with SKC via email or via messenger services or other social media platform or create accounts and login credentials.
By registering on SKC’s general website, SKC will collect your name, company name, phone number and company email you provided. SKC may use this information to offer SKC’s services and support.
Similarly, if you call our helpline/telephone number to inquire about services, for your convenience, we will record your number so that we can call you back if you are unable to connect to an operator at that time. To assist us in connecting you with the most appropriate staff member, we may also record any options selected on the automated system to better inform us of your interests.
SKC also collects Personal Data through the use of CCTV cameras and members’ site access cards and or codes. This may consist of video images of you in the public spaces at SKC offices, as well as records of your entrances and exits of the SKC buildings and office floors.
SKC may not be aware of the nature of the information collected through the Services (for example, through CCTV), and such information may include sensitive or special categories of Personal Data, but we do not knowingly collect such data about our Users, members, site visitors etc. (“Sensitive Information”).
SKC also collects data relating to employees. This is governed by a specific notice we have made available to our employees.
SKC also collects data relating to employment candidates. This includes CVs and the data contained therein, notes on meetings, standardized tests, reports, references, interviewer impressions and such industry standard data, as well as collecting data made publicly available or available to us on social networks. We collect such data based on the intention of the candidate to enter into an employment agreement with SKC.
We collect your personal data on the basis that it is necessary for the performance of a contract with our Customers or employees or in order to take steps at the request of our Customers or prospective employees prior to entering into a contract. We also collect this data in accordance with our legitimate interests to offer and market our Services.
HOW DO WE COLLECT PERSONAL DATA ON USERS OF SKC FACILITIES AND SERVICES?
We collect Personal Data through your use of our Website and Application. In other words, when you are using the website or application, we are aware of it and may gather, collect, and record the information relating to such usage, either independently or through the help of third-party services as detailed below. This may include technical information and behavioral information such as the User’s Internet protocol (IP) address used to connect your computer to the Internet, your uniform resource locators (URL), operating system, type of browser, browser plug-in types and versions, screen resolution, Flash version, time zone setting, the User’s ‘click-stream’ on the website, the period of time the User visited the website, methods used to browse away from a page, and any phone number used to call our customer service number. We likewise may place cookies on your browsing devices (see section ‘Cookies’ below).
We also collect Personal Data through our CCTV recordings and through our card reader software, which automatically collect information about your presence in the SKC facilities.
WHAT ARE THE PURPOSES OF PERSONAL DATA WE COLLECT?
We will use Personal Data to provide and improve the Services and meet our contractual, ethical and legal obligations, including for example:
Processing which is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract (GDPR Article 6(1)(b)) carrying out our obligations arising from any contracts entered into between you and SKC and/or any contracts entered into between a Customer and SKC and to provide you with the information, products and Services that you request from SKC; administering your account with SKC including to identify and authenticate your access to the parts of the Services that you are authorized to access.
verifying and carry out financial transactions in relation to payments you make in connection with the Service;
contacting you to inform you of additional services and locations which may be of interest to you;
Processing which is necessary for compliance with a legal obligation to which SKC is subject (GDPR Article 6(1)(c)) compliance and audit purposes, such as meeting our reporting obligations in our various jurisdictions, and for crime prevention and prosecution in so far as it relates to our staff, members, facilities etc;
for security purposes and to identify and authenticate your access to the parts of the Services and our application that you are authorized to access.
Processing is necessary for the purposes of the legitimate interests pursued by SKC or by a third party (GDPR Article 6(1)(f)) of providing and promoting an efficient and wide-ranging service to customers notifying you about changes to our Service; contacting you for the purpose of providing you with technical assistance and other related information about the Service; replying to your queries, troubleshooting problems, detect and protect against error, fraud or other criminal activity; contacting you to give you information about events or promotions or additional Services offered by SKC, including in other locations; soliciting feedback in connection with your use of the Services;
tracking use of SKC facilities and services to enable us to optimize and improve our services;
Personal Data which you provide us may be combined with personal data which your employer, a SKC customer, provides us, or which may be provided by other sources, all of which will be used for the purposes set out above.
SHARING DATA WITH THIRD PARTIES
We may transfer Personal Data to:
Members of our Group: This includes any member of our group, which means our subsidiaries – whether wholly or partially owned by SKC, in the US and elsewhere, as well as our joint-venture partners who support our processing of personal data under this policy.
Third Parties. We transfer personal data to third parties in a variety of circumstances. We endeavor to ensure that these third parties use your information only to the extent necessary to perform their functions, and to have a contract in place with them to govern their processing on our behalf. These third parties may include business partners, suppliers, affiliates, agents and/or sub-contractors for the performance of any contract we enter into with you. They may assist us in providing the Services we offer, processing transactions, fulfilling requests for information, receiving and sending communications, analyzing data, providing IT and other support services or in other tasks, from time to time. These third parties may also include analytics and search engine providers that assist us in the improvement and optimization of our website, our application, and our marketing.
Some customers of SKC require for their data security and management to know the identity of anyone who accesses their office space, for example, the identity of vendors (such as delivery services, catering, IT support, contractors, cleaning etc.) and their staff who are on site. For customers of ours who reasonably require it, we will transfer the names of any of staff, visitors, vendors, etc. who have access to their office space.
We periodically add and remove third party providers. At present our third-party providers to whom we may transfer personal data include also the following:
Wix, website hosting, https://www.wix.com/about/privacy
Google analytics, General statistics, https://www.google.com/intl/en/policies/privacy/
Our lawyers, accountants, local payroll service providers, other standard business service providers.
In addition, we may disclose your personal data to third parties: if all or substantially all of our assets are acquired by a third party including by way of a merger, share acquisition, asset purchase or any similar transaction, in which case personal data held by it about its customers will be one of the transferred assets. Likewise, we may transfer personal data to third parties if we are under a duty to disclose or share your personal data in order to comply with any legal or audit or compliance obligation, in the course of any legal or regulatory proceeding or investigation, or in order to enforce or apply our terms of supply terms and other agreements with you; or to protect the rights, property, or safety of SKC, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction and to prevent cybercrime.
For avoidance of doubt, SKC may transfer and disclose non-personal data to third parties at its own discretion.
WHERE DO WE STORE YOUR DATA?
We may keep Personal Data in a database which will be owned or controlled by the Controller. We currently store data on servers controlled by SKC, in the US, and in cloud servers dedicated to SKC, such as on Amazon Web Services servers in US and other AWS servers.
INTERNATIONAL DATA TRANSFERS
We may transfer your personal data outside of the US, in order to:
Store or backup the information.
Enable us to provide you with the Services and fulfil our contract with you.
Fulfill any legal, audit or compliance obligations which require us to make that transfer.
Facilitate the operation of our group businesses, where it is in our legitimate interests and we have concluded these are not overridden by your rights.
To serve our customers across multiple jurisdictions; and
To operate parent company, subsidiaries, and affiliates in an efficient and optimal manner.
SKC will retain personal data it processes only for as long as required in our view, to provide the Service and as necessary to comply with our legal obligations, to resolve disputes and to enforce agreements. We will also retain personal data to meet any audit, compliance, and business best-practices.
WEBSITE DATA COLLECTION AND COOKIES
When you access or use the Service, SKC may use industry standard technologies such as Cookies, pixels and similar technologies, which store certain information on your computer or browsing device and which will allow us to identify the computer or device with the user, and to enable automatic activation of certain features, and make your Service experience much more convenient and effortless. We use different types of Cookies: some cookies are strictly necessary, they are required for the operation of our Site and under our terms with you; this includes for example, cookies that enable you to log into secure areas of our Service. We also use analytical and performance monitoring cookies, which allow us to recognize and count the number of visitors and to see how visitors move around our website when they are using it. Finally, we use functionality cookies which are used to recognize you when you return to our Site. This enables us, subject to personalize content to your preferences, including for example, your choice of language or region.
Different cookies are kept for different periods. Session cookies are used to keep track of your activities online in a given browsing session; these cookies generally expire when the browser is closed but may be retained for a period on your device. Permanent cookies remain in operation even when you have closed the browser; they are used to remember your login details and password. Third-party cookies are installed by third parties with the aim of collecting certain information to research behavior, demographics. Third party cookies on our site include, for example, Google Analytics. Likewise, pixels from Facebook and others enable integration of third-party service providers (e.g., Facebook, Twitter, Instagram) on our site. Third party cookies will be retained according to the terms of those third parties, and you can control those cookies in your browser settings.
Most browsers will allow you to erase cookies from your computer’s hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. However, if you block or erase cookies your online experience on our website will be limited.
How to disable cookies: The effect of disabling cookies depends on which cookies you disable but, in general, the website and some services delivered through it may not operate properly, may not recognize your device, may not remember your preferences and so on, if cookies are disabled or removed. However, allowing or disabling cookies is your choice and in your control. If you want to disable cookies on our site, you need to change your browser settings to reject cookies. How you can do this will depend on the browser you use. Further details on how to disable cookies can be found via your browser’s website.
Our websites may, from time to time, contain links to external sites. We are not responsible for the operation, privacy policies or the content of such sites.
SECURITY AND STORAGE OF INFORMATION
We take a great care in implementing, enforcing and maintaining the security of the personal data we process. SKC implements, enforces and maintains security measures, technologies and policies to prevent the unauthorized or accidental access to or destruction, loss, modification, use or disclosure of personal data. We likewise take steps to monitor compliance of such policies on an ongoing basis. Where we deem it necessary considering the nature of the data in question and the risks to data subjects, we may encrypt data. Likewise, we take industry standard steps to ensure our website and application are safe.
Note however, that no data security measures are perfect or impenetrable, and we cannot guarantee that unauthorized access, leaks, viruses and other data security breaches will never occur.
SKC shall act in accordance with its policies to promptly notify the relevant authorities and data subjects in the event that any personal data processed by SKC is lost, stolen, or where there has been any unauthorized access to it, all in accordance with applicable law and on the instructions of qualified authority. SKC shall promptly take reasonable remedial measures.
DATA SUBJECT RIGHTS
Data subjects have rights under US and local laws, including, in different circumstances, rights to data portability, rights to access data, rectify data, object to processing, and erase data. It is clarified for the removal of doubt, that where personal data is provided by a customer being the data subject’s employer, such data subject rights will have to be affected through that customer. In addition, data subject rights cannot be exercised in a manner inconsistent with the rights of SKC employees and staff, with SKC proprietary rights, and third-party rights. As such, job references, reviews, internal notes and assessments, documents and notes including proprietary information or forms of intellectual property, cannot be accessed, or erased or rectified. In addition, these rights may not be exercisable where they relate to data that is not in a structured form, for example emails, or where other exemptions apply. If processing occurs based on consent, data subjects may have a right to withdraw their consent.
If, for any reason, a data subject wishes to modify, delete or retrieve their Personal Data, they may do so by contacting SKC (email@example.com). Note that SKC may have to undertake a process to identify a data subject exercising their rights. SKC may keep details of such rights exercised for its own compliance and audit requirements. Please note that Personal Data may be either deleted or retained in an aggregated manner without being linked to any identifiers or Personal Data, depending on technical commercial capability. Such information may continue to be used by SKC.
Minors. We do not knowingly collect or solicit information or data from children under the age of 16 or knowingly allow children under the age of 16 to register for SKC services. If you are under 16, do not register or attempt to register for any of the SKC Service or send any information about yourself to us. If we learn that we have collected or have been sent Personal Data or from a child under the age of 16, we will delete that Personal Data as soon as reasonably practicable without any liability to SKC. If you believe that we might have collected or been sent information from a minor under the age of 16, please contact us at: firstname.lastname@example.org, as soon as possible.
Relevant contact details:
SpareKey Creative, LLC
101 South Locust Street
Denton, TX 76201