Privacy Policy (Current Version)

Last updated:
October 18, 2024
Terms & Conditions
Privacy Policy (Current Version)

We are Loop Now Technologies, Inc., based at 2 West 5th Ave., Suite 400, San Mateo, CA 94402, United States of America. All references in this policy to “Firework”, “our”, “us” or “we” refer to Loop Now Technologies, Inc.

When you use our Services, you provide information to us. This Privacy Policy (“Privacy Policy”) explains how we collect, use, disclose, and protect information that constitutes personal data or personal information under applicable law (“personal information”) in any way, online or offline, including in relation to our Service. Our Service refers to all of our mobile software applications that we make available for download (each, an “App,” and together, the “Apps”), our online or mobile software-as-a-service platform (the “Platform”) that is accessible to you as a user, our website located at firework.com and any other website(s) owned or controlled by or on behalf of Firework or its affiliates (collectively, “Sites”).

This Privacy Policy does not apply where all or portions of our Platform are hosted, or streamed, on or via websites or applications of third party publishers (“Third Party Publishers”). Firework is not the responsible party for Third Party Publishers, and we recommend that you review the privacy policy of the applicable Third Party Publisher. Nothing in this Privacy Policy should be construed as a concession or admission that any particular statute, law, regulation or other legal act applies to any particular data set or to your personal information.

By using or accessing our Service, you understand and agree that we are providing a platform for you, on behalf of the account for which you have been provisioned access, to view and upload to the Service content, including photos, videos and other materials (“User Content”), and to share User Content publicly. This means that other Users may search for, see, use, or share any of your User Content that you make publicly available through the Service. By viewing User Content on our Service, you are also subject to the terms of this Privacy Policy, and you authorize and consent to the disclosures described herein. For purposes of this Privacy Policy, a “User” means any user of the Service, including any creator, editor, streamer, business user, and viewer and uploader of User Content.

Your State Privacy Rights

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information.

Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:

  • Confirm whether we process their personal information.
  • Access and delete certain personal information.
  • Data portability.
  • Opt-out of personal data processing for targeted advertising and sales.

Colorado, Connecticut, and Virginia also provide their state residents with rights to:

  • Correct inaccuracies in their personal information, taking into account the information’s nature processing purpose.
  • Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

Notice for California Residents is provided to all California consumers subject to this Privacy Policy.

Categories of personal information we collect

The categories of personal information we collect about you depends on how you interact with us. Depending on the Services you use, the following are the categories and specific types of personal information that we may collect, or have collected in the preceding 12 months:

  • Account Information: including username, email address, postal address, phone number, username, business contact information, registration and login information, or other similar identifiers or account information.
  • Information Specific to the Services: including, in certain instances, invoices, service interactions, business and commercial communications, order status, and history.
  • Device Information and Other Unique Identifiers: device identifier, internet protocol (IP) address, or similar unique identifiers.
  • Internet or Other Network Activity: including metadata, browsing or search history, and information regarding your interactions with our websites, mobile applications, emails, or advertisements.
  • Contact Information: work email, first and last name, company name, and any other information you provide.
  • Geolocation Data: including information that permits us to determine your location, such as if you manually provide location information or enable your mobile device to send us precise location information.
  • Inferences: inferences drawn from or created based on any of the information identified in this section.
  • User Content: content that users contribute towards on our Sites, such as text, comments, images, video, profiles, and likes.
  • Audio, electronic, visual, or similar information: We collect personal information including your image and/or voice through certain applications using TrueDepth. Information from TrueDepth camera is used in real time. This information is not stored in our servers or disclosed to third parties. For more information about TrueDepth technologies, you may visit https://support.apple.com/en-us/HT208108.
  • Sensitive Personal Information (where permitted and in accordance with applicable law): Some of the items of information listed above may be considered sensitive personal information, such as voice or health information.

Any sensitive personal information you provide for the Services is voluntary.  For other personal information, in certain instances, we will not be able to process your request for our Services without the requested personal information.

How do we collect your personal information?

We collect your personal information in the following ways, pursuant to applicable law:

  • Directly From You: such as when you create an account and profile with Firework; sign up with us to receive marketing communications; apply for a job through our careers page; or otherwise reach out to us.
  • Other Sources: including vendors, affiliates, and through tracking technologies. To learn more about our use of cookies and similar tracking technologies, please review our Cookies Policy.

Cookies

Every time you come to the website, our website’s web server automatically collects information, including, in some instances, personal information, through cookies, web beacons, and other similar tracking technologies (collectively “cookies”).  Cookies are small text files that are placed on your computer or mobile device when you visit a website.  Cookies help the website remember information about your visit, which can make it easier to visit the website again and make the website more useful to you.  Some cookies are deleted once you close your browser (session cookies), while other cookies are retained even after you close your browser so that you can be recognized when you return to a website (persistent cookies).  More information about cookies and how they work is available at www.allaboutcookies.org. Generally, your email address and all other personal information is collected only when you voluntarily provide that data. To learn more about our use of cookies and similar tracking technologies, please review our Cookies Policy.

Purposes of processing and how we use your personal information

In addition to some of the specific uses of information we describe elsewhere in this Privacy Policy, we may use information that we receive to:

  • Help you efficiently access your information after you sign in to our Service;
  • Remember information so you will not have to re-enter it during your visit or the next time you visit the Service;
  • Communicate with you or third parties, and allow third parties to communicate with you to provide, improve, test, and monitor the effectiveness of our Service, including sending you communications via SMS, email or any other messaging platform permitted;
  • Develop and test new products and features;
  • Monitor metrics such as total number of visitors, traffic, and demographic patterns;
  • In the case of business contact information, do business with partners and suppliers;
  • Take the appropriate technical and organizational security measures to protect the Service or your personal information;
  • If you use an Apple device with Apple’s TrueDepth camera, Snap Inc. may use information from Apple’s TrueDepth camera to improve the quality of their lenses. This information is used in real time — Snap will not store this information on its servers or share it with third parties;
  • Comply with legitimate requests or orders from competent public authorities and courts, including data protection authorities;
  • Carry out internal corporate reporting, business administration, ensure adequate insurance coverage for our business, ensure the security of company facilities, research and development, and identify and implement business efficiencies (where it is in our legitimate interests to do so);
  • Establish, exercise, or defend our legal rights – this may include where we reasonably consider it is in our legitimate interests or the legitimate interests of others, as well as where we are legally required to do so;
  • Diagnose or fix technology problems;
  • Make User Content available to third parties that are non-owned and non-operated by Firework, subject to your opting out by notifying our Support Team at support@fireworkhq.com; or
  • Automatically update the Firework application on your device.

Before using your personal information for any purposes, which fall outside those set out in this Privacy Policy, we will undertake an analysis to establish if our new use of your personal information is compatible with the purposes set out in this Privacy Policy. Please contact us using the details towards the end of this Privacy Policy if you want further information on the analysis we will undertake.

Although the sections above describe our primary purpose in collecting your information, in many situations we have more than one purpose. For example, we may collect your information to perform the Service with you, but we also collect your information so that we can quickly and easily respond to any questions about an order you place through our Services via our Sites or Apps or websites, applications, or devices of third-party publishers or distributors, provide you a confirmation or receipt for such order, or inform you that such order is incomplete. As a result, our collection and processing of your information is based on different contexts upon your consent, our need to perform a contract, our obligations under law, and/or our general interest in conducting our business.

Disclosure of your personal information

In addition to the specific situations discussed elsewhere in this policy, we disclose, and may have disclosed in the preceding 12 months, information in the following situations:

  1. Service Providers/Suppliers.  We may disclose User Content and your information (including but not limited to, information from cookies, log files, device identifiers, location data, and usage data) with other entities, including entities that we do not own or operate. Firework may use this information to help provide, understand, and improve the Service.
  2. Affiliates and Acquisitions. We may disclose information with our corporate affiliates (e.g., parent company, sister companies, subsidiaries, joint ventures, or other companies under common control). If another company acquires, or plans to acquire, our company, business, or our assets, we will also disclose information with that company, including at the negotiation stage.
  3. Advertising partners. We may also disclose certain information such as cookie data with third-party advertising partners. Please refer to our Cookie Policy for more information.
  4. Compliance with Law or Other Legal Process. We may disclose information in response to subpoenas, warrants, or court orders, or in connection with any legal process, or to comply with relevant laws. We may also disclose your information in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies, or to comply with your request for the shipment of products to or the provision of services by a third party intermediary.
  5. Where You Consent. We may also disclose your information for any other purposes disclosed to you with your consent.
  6. Anonymized and Aggregated Data. We may also disclose and use anonymized, aggregated reporting and statistics about users of our Service for the purpose of internal reporting or reporting to our corporate affiliate or other third parties (including clients), and for our marketing and promotion purposes.
  7. Social Media Platforms and Networks. Our Service may feature plugins, widgets, or and other tools made available by third parties that may result in information being collected or disclosed between us and the third party. However, social media platforms’ use of your information is not governed by this Privacy Policy.

We do not, and have not in the preceding 12 months, disclosed your sensitive personal information.  We have no actual knowledge that we have sold or shared data (as those terms are defined under California law) of consumers under 16 years of age in the last 12 months.

How long we store your personal information

How long do we keep your User Content?

Following termination or deactivation of your account, Firework or its Service Providers may retain information (including your profile information) and User Content for a commercially reasonable time for backup, archival, and/or audit purposes, in accordance with applicable laws.

How long do we keep other Personal Information?

We keep your personal information for no longer than necessary for the purposes for which the personal information is processed. The length of time for which we retain personal information depends on the purposes for which we collect and use it and/or as required to comply with applicable laws and to establish, exercise, or defend our legal rights.

Choices about your information and your rights

You may have certain rights regarding your personal information.  The rights available to you depend on our reason for processing your personal information and the requirements of applicable law (i.e., your rights will vary depending on whether you are located in, for example, California, the European Union, or United Kingdom). Specifically, you may have the following rights:

  1. Access to Your Personal Information. You have the right to request access to the personal information we hold about you, along with other information such as the purposes of the processing, the recipients or categories of recipients to whom the personal information has been or will be disclosed, the sources of the personal information, retention, and transfers of personal information.
  2. Correction (Rectification): You have the right to request correction/rectification of inaccurate personal information we have about you.  Depending on the purposes of the processing, you may have the right to have incomplete personal information completed, including by means of providing a supplementary statement. Note that we may keep historical information in our backup files as permitted by law, and you may not be able to change certain account information including your email address.
  3. Portability. Under certain circumstances, you have the right to receive the personal information about you that you have provided to us, in a structured, commonly used and machine-readable format.
  4. Deletion of Your Personal Information. You have the right to request that we delete your personal information.
  5. Objection to Processing. You may have the right to object to our processing of your personal information, under certain conditions, and we can be required to no longer process your personal information.  Such right to object may especially apply if we collect and process your personal information for profiling purposes to better understand your interests in our products and services or for direct marketing purposes.  If you have a right to object and you exercise this right, your personal information will no longer be processed by us for such purposes.  Such a right to object may, in particular, not exist if the processing of your personal information is necessary to take steps prior to entering into a contract or to perform a contract already concluded.
  6. Promotional Emails. You may choose to provide us with your email address for the purpose of allowing us to send reminders or notifications of upcoming events, free newsletters, surveys, offers, and other promotional materials to you, as well as targeted offers from third parties. You can stop receiving promotional emails by following the unsubscribe instructions in emails that you receive. If you decide not to receive promotional emails, we may still send you service-related communications.
  7. Promotional Mailings. If at any time you do not want to receive offers and/or circulars from us, you can remove yourself from our mailing lists by emailing us (our contact information is below) with “NO SNAIL MAIL” in the subject line along with your name, address, and zip code. Please note that our mailings are prepared in advance of their being sent. Although we will remove your name from our mailing list after receiving your request, you may still receive mailings from us that had been initiated prior to your name being removed or bulk mailings directed to ZIP codes or geographic areas.
  8. Promotional Text Messages. If you receive a text message from us (whether on our own behalf or on behalf of a third party) that contains promotional information, you can opt-out of receiving future text messages by replying, “STOP.”
  9. Opt out of the sale or sharing of Personal Information. We do not and have not in the preceding 12 months sold or shared (in this context, share means use of your personal information for cross-contextual behavioral advertising) your personal information. However, the use of technologies, such as cookies may constitute “sale” or “share” of personal information under California law.  To opt out of the “sale” or “share” of your personal information as described in this section, visit DO NOT SELL OR SHARE MY PERSONAL INFORMATION.
    • The following categories of personal information disclosed are considered “sale”/ “sharing” under California law: direct identifiers, device information, and geolocation data.
    • The following categories of third parties to whom personal information was disclosed are considered “sale”/ “sharing” under California law: social media platforms and networks.
  10. Right of Non-Discrimination/Retaliation. We do not discriminate against individuals who exercise any of their rights described in this Privacy Policy, nor do we retaliate against individuals who exercise these rights.
  11. Right to Opt Out of our Use of your Sensitive Personal Information (in certain instances and if permissible under applicable law). We do not disclose sensitive personal information for purposes other than those, which cannot be limited under applicable law.

‍Please note that many of the above rights are subject to exceptions and limitations.  Your rights and our responses will vary based on the circumstances of the request.  If you choose to assert any of these rights under applicable law, we will respond within the time period prescribed by such law.

If you are located in the State of California in the United States, a person authorized to act on your behalf may make a verifiable request related to your personal information.  If you designate an authorized person to submit requests to exercise certain privacy rights on your behalf, we will require verification that you provided the authorized agent permission to make a request on your behalf.

In any circumstances, your request must: (i) provide sufficient information that allows us to reasonably verify that you are the person about whom we collected personal information or an authorized representative of that person; and (ii) describe the request with sufficient detail that allows us to properly understand, evaluate, and respond to it.  We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

To exercise your rights, please contact us as stated in the “How to Contact Us” section of this Privacy Policy.

If you are a current or former Firework employee, please reference our Firework Employee Policy.  If you are a California applicant, please reference our Firework Applicant Policy.

Universal opt-out mechanisms

If you are using a browser setting or plug-in that sends an opt-out preference signal to each website you visit, we will treat that as a valid request to opt out. To download and use a browser supporting the Global Privacy Control (“GPC”) signal, click here: https://globalprivacycontrol.org/orgs. If you choose to use the GPC signal, you will need to turn it on for each supported browser or browser extension you use.

Some internet browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the “Do Not Track” signal, we do not currently interpret, respond to or alter our practices if we receive “Do Not Track” signals.

International Data Transfer

If you are located outside the United States, in particular if you are located in Canada, Brazil, the European Union (“EU”), the European Economic Area (“EEA”), New Zealand, the Republic of South Africa, Switzerland, the United Kingdom, or other countries with similar data privacy laws, please note that your information collected through the Service may be stored and processed in the United States or any other country in which Firework or its Service Providers maintain facilities. In certain situations, we may transfer your personal information to countries where data protection laws are not considered to provide an equivalent level of privacy protection to that provided by the laws of your home country.  In such circumstances, Firework will make efforts to protect your information in accordance with requirements applicable to the law in your particular jurisdiction and take steps to only share with third parties that offer similar protection. By engaging with and providing personal information and other data that we may legitimately collect, process, use or transfer in connection with your relationship with Firework, you unambiguously consent to your information being collected, processed, used, and transferred as disclosed herein.  You can request a copy of the appropriate safeguards referenced in this section by contacting us as stated in the “How To Contact Us” section of this Privacy Policy.

Notice to residents of the EU, UK, Switzerland, and other international jurisdictions

If you are located in the EU, EEA, or a jurisdiction with a similar law, the GDPR or its local equivalent may grant you certain rights under the law. In particular, the right to access, correct, and delete the personal information we hold about you. We will retain your personal information for the length of time you engage with our services as described in the retention section of this Privacy Policy, until you request deletion of such personal information. Firework is considered the Data Controller (or equivalent distinction) with regard to your personal information. You can find our contact information as described herein or in other portions of the App or Services.

In certain circumstances, you have the following data protection rights:

  • The right to access, update, or delete the personal information we have on you.
  • The right of rectification. You have the right to have your personal information rectified or corrected if that information is inaccurate or incomplete.
  • The right to object. You have the right to object to our processing of your personal information.
  • The right of restriction. You have the right to request that we restrict the processing of your personal information.
  • The right to data portability. You have the right to be provided with a copy of the personal information we have on you in a structured, machine-readable and commonly used format.
  • The right to withdraw consent. You also have the right to withdraw your consent at any time where we relied on your consent to process your personal information.

In order to make a request regarding your personal information, please contact privacy@fireworkhq.com.

If you have a comment, question, or complaint about how we are handling your personal information, we hope that you contact us as described herein to allow us to resolve the matter. In addition, depending on the jurisdiction in which you are located, you may have the option of submitting a complaint regarding the processing of your personal information to a regulatory authority.

Legal Basis for Processing

If you are located in the EU, EEA, or a jurisdiction that requires a similar legal basis for processing, our legal basis for collecting and using the personal information described in this Privacy Policy depends on the personal information we collect and the specific context in which we collect it.

We may process personal information because:

  • It is necessary for the performance of a contract between you and Firework;
  • You have given us consent to do so;
  • The processing is in our legitimate interest as the Controller, when that legitimate interest is not overridden by your rights; or
  • We must comply with the law.

Data privacy framework program

Firework complies with the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”) and the UK Extension to the EU-U.S. DPF, as set forth by the U.S. Department of Commerce (collectively, the “DPF Program”). Firework has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (“EU-U.S. DPF Principles”) and UK Extension with regard to the processing of personal information received from the EU and UK. The EU-U.S. DPF Principles may be referred to as “Principles.” If there is any conflict between the terms in this Privacy Policy and the Principles, the Principles shall govern.

To learn more about the Data Privacy Framework program, and to view our certification, please visit https://www.dataprivacyframework.gov/ for broad program information and https://www.dataprivacyframework.gov/s/participant-search to view the complete list of participating organizations.

Firework has committed itself to the Principles of the DPF program as reflected in this Privacy Notice, and you can find information relevant to the DPF Program throughout this Privacy Notice, including, but not limited to: (i) the types of personal information collected by Firework; (ii) the purpose of processing personal information; (iii) the rights you may have with regard to your personal information based on the jurisdiction in which you live; (iv) a method of contacting Firework and exercising those rights; (v) the third parties to which your personal information may be disclosed; and (vi) your choices with regard to your personal information and how you can exercise those choices with Firework. Pursuant to the DPF Program, under certain circumstances Firework may remain liable for transfers of certain personal information to third party’s processing personal information on our behalf.

Under the DPF Program, Firework is subject to the investigatory and enforcement power of the Federal Trade Commission (“FTC”). In addition, if you have a complaint or concern that arises under the DPF Program that Firework cannot resolve to your satisfaction, Firework has committed to refer unresolved complaints concerning our handling of personal information received in reliance on the DPF Program to JAMS, an alternative dispute resolution provider based in the United States, the European Union, the United Kingdom (as applicable). If you do not receive timely acknowledgment of your DPF Program and/or Principles-related complaint from us, or if we have not addressed your related complaint to your satisfaction, please visit https://www.jamsadr.com/dpf-dispute-resolution for more information or to file a complaint. The services of JAMS are provided at no cost to you. In addition, you may file a claim with JAMS here: File a Data Privacy Framework (DPF) Claim

As described in the DPF Program, individuals may invoke binding arbitration, and you should visit the DPF Program website linked above for the most up-to-date information regarding that binding arbitration. In addition to the purposes described in “Disclosure of Your Personal Information,” be aware that in certain, limited circumstances, public authorities in the U.S., including but not limited to, the U.S. Federal Government, may make lawful requests of Firework to obtain certain personal information which Firework must comply with.

Firework offers products to business customers in jurisdictions around the world, including in jurisdictions that may not offer the same amount of protection as required by the EU. Firework segments and protects data accordingly, based on the location of our customers, and as such, not all products offered by Firework are covered by the DPF Program due to the potential for data storage in jurisdictions not compliant with the Principles. For the most up-to-date list of products that are compliant with the Principles, please contact us.

Currently, the list of products NOT covered by the DPF Program are the following: (i) customers with only non-EU end-users; (ii) customer that sign up for basic Firework subscription products through Shopify; or (iii) other customers as agreed to in a written agreement with Firework.

If you have any concerns or complaints regarding our processing of your personal information, please contact us as described in the “How to Contact Us” section below and we will do our best to answer any question and resolve any complaint to your satisfaction.

Other important information

The following additional information relates to our privacy practices:

  • Third Party Applications/Websites.
     Our Service may include links to, or be accessible via, websites or applications that are owned or operated by third parties. Please note that any personal information that you provide to such third parties will be governed by their privacy policies, and we have no control over or responsibility for their privacy practices. We encourage you to review the privacy policies of any third-party website or application for details about what information is collected and how it is used and/or disclosed prior to providing any personal information.
  • Changes to This Privacy Policy. We may change our Privacy Policy and practices from time to time.When we update our Privacy Policy, we will notify you by posting the new Privacy Policy with a new “Last Updated” date and providing any other notice required by applicable law.
  • Accessibility. If you are visually impaired, you may access this notice through your browser’s audio reader.
  • Children. Our Service is not directed to, and we do not knowingly collect personal information from, anyone under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us. We do not sell any information of children.

How to contact us

If you have any questions about this Privacy Policy or the Service, please contact us through email at privacy@fireworkhq.com, by phone at (800) 717-0750, or mail at 2 West 5th Ave., Suite 400, San Mateo, CA 94402.

If you are located in the European Union you may contact us through our local representative:

Instant EU GDPR Representative Ltd

  • Email: contact@gdprlocal.com
  • Address: INSTANT EU GDPR REPRESENTATIVE LIMITED Office 2 12A Lower Main Street, Lucan Co. Dublin K78 X5P8 Ireland
  • Phone: + 353 15 549 700
  • Data Reporting Link: https://loopnowtechnologiesinc.gdprlocal.com/eu

If you are located in the United Kingdom you may contact us through our local representative:

  • GDPR Local Ltd
  • Email: contact@gdprlocal.com
  • Address: GDPR Local Ltd 1st Floor Front Suite 27-29 North Street, Brighton England BN1 1EB
  • Phone: + 441 772 217 800
  • Data Reporting Link: https://loopnowtechnologiesinc.gdprlocal.com/uk

This Privacy Policy includes an “effective” and “last updated” date.  The effective date refers to the date that the current version took effect. The last updated date refers to the date that the current version was last substantively modified.

File a Data Privacy Framework (DPF) Claim

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We are Loop Now Technologies, Inc., based at 2 West 5th Ave., Suite 400, San Mateo, CA 94402, United States of America. All references in this policy to “Firework”, “our”, “us” or “we” refer to Loop Now Technologies, Inc.

When you use our Services, you provide information to us. This Privacy Policy (“Privacy Policy”) explains how we collect, use, disclose, and protect information that constitutes personal data or personal information under applicable law (“personal information”) in any way, online or offline, including in relation to our Service. Our Service refers to all of our mobile software applications that we make available for download (each, an “App,” and together, the “Apps”), our online or mobile software-as-a-service platform (the “Platform”) that is accessible to you as a user, our website located at firework.com and any other website(s) owned or controlled by or on behalf of Firework or its affiliates (collectively, “Sites”).

This Privacy Policy does not apply where all or portions of our Platform are hosted, or streamed, on or via websites or applications of third party publishers (“Third Party Publishers”). Firework is not the responsible party for Third Party Publishers, and we recommend that you review the privacy policy of the applicable Third Party Publisher. Nothing in this Privacy Policy should be construed as a concession or admission that any particular statute, law, regulation or other legal act applies to any particular data set or to your personal information.

By using or accessing our Service, you understand and agree that we are providing a platform for you, on behalf of the account for which you have been provisioned access, to view and upload to the Service content, including photos, videos and other materials (“User Content”), and to share User Content publicly. This means that other Users may search for, see, use, or share any of your User Content that you make publicly available through the Service. By viewing User Content on our Service, you are also subject to the terms of this Privacy Policy, and you authorize and consent to the disclosures described herein. For purposes of this Privacy Policy, a “User” means any user of the Service, including any creator, editor, streamer, business user, and viewer and uploader of User Content.

Your State Privacy Rights

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information.

Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:

  • Confirm whether we process their personal information.
  • Access and delete certain personal information.
  • Data portability.
  • Opt-out of personal data processing for targeted advertising and sales.

Colorado, Connecticut, and Virginia also provide their state residents with rights to:

  • Correct inaccuracies in their personal information, taking into account the information’s nature processing purpose.
  • Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

Notice for California Residents is provided to all California consumers subject to this Privacy Policy.

Categories of personal information we collect

The categories of personal information we collect about you depends on how you interact with us. Depending on the Services you use, the following are the categories and specific types of personal information that we may collect, or have collected in the preceding 12 months:

  • Account Information: including username, email address, postal address, phone number, username, business contact information, registration and login information, or other similar identifiers or account information.
  • Information Specific to the Services: including, in certain instances, invoices, service interactions, business and commercial communications, order status, and history.
  • Device Information and Other Unique Identifiers: device identifier, internet protocol (IP) address, or similar unique identifiers.
  • Internet or Other Network Activity: including metadata, browsing or search history, and information regarding your interactions with our websites, mobile applications, emails, or advertisements.
  • Contact Information: work email, first and last name, company name, and any other information you provide.
  • Geolocation Data: including information that permits us to determine your location, such as if you manually provide location information or enable your mobile device to send us precise location information.
  • Inferences: inferences drawn from or created based on any of the information identified in this section.
  • User Content: content that users contribute towards on our Sites, such as text, comments, images, video, profiles, and likes.
  • Audio, electronic, visual, or similar information: We collect personal information including your image and/or voice through certain applications using TrueDepth. Information from TrueDepth camera is used in real time. This information is not stored in our servers or disclosed to third parties. For more information about TrueDepth technologies, you may visit https://support.apple.com/en-us/HT208108.
  • Sensitive Personal Information (where permitted and in accordance with applicable law): Some of the items of information listed above may be considered sensitive personal information, such as voice or health information.

Any sensitive personal information you provide for the Services is voluntary.  For other personal information, in certain instances, we will not be able to process your request for our Services without the requested personal information.

How do we collect your personal information?

We collect your personal information in the following ways, pursuant to applicable law:

  • Directly From You: such as when you create an account and profile with Firework; sign up with us to receive marketing communications; apply for a job through our careers page; or otherwise reach out to us.
  • Other Sources: including vendors, affiliates, and through tracking technologies. To learn more about our use of cookies and similar tracking technologies, please review our Cookies Policy.

Cookies

Every time you come to the website, our website’s web server automatically collects information, including, in some instances, personal information, through cookies, web beacons, and other similar tracking technologies (collectively “cookies”).  Cookies are small text files that are placed on your computer or mobile device when you visit a website.  Cookies help the website remember information about your visit, which can make it easier to visit the website again and make the website more useful to you.  Some cookies are deleted once you close your browser (session cookies), while other cookies are retained even after you close your browser so that you can be recognized when you return to a website (persistent cookies).  More information about cookies and how they work is available at www.allaboutcookies.org. Generally, your email address and all other personal information is collected only when you voluntarily provide that data. To learn more about our use of cookies and similar tracking technologies, please review our Cookies Policy.

Purposes of processing and how we use your personal information

In addition to some of the specific uses of information we describe elsewhere in this Privacy Policy, we may use information that we receive to:

  • Help you efficiently access your information after you sign in to our Service;
  • Remember information so you will not have to re-enter it during your visit or the next time you visit the Service;
  • Communicate with you or third parties, and allow third parties to communicate with you to provide, improve, test, and monitor the effectiveness of our Service, including sending you communications via SMS, email or any other messaging platform permitted;
  • Develop and test new products and features;
  • Monitor metrics such as total number of visitors, traffic, and demographic patterns;
  • In the case of business contact information, do business with partners and suppliers;
  • Take the appropriate technical and organizational security measures to protect the Service or your personal information;
  • If you use an Apple device with Apple’s TrueDepth camera, Snap Inc. may use information from Apple’s TrueDepth camera to improve the quality of their lenses. This information is used in real time — Snap will not store this information on its servers or share it with third parties;
  • Comply with legitimate requests or orders from competent public authorities and courts, including data protection authorities;
  • Carry out internal corporate reporting, business administration, ensure adequate insurance coverage for our business, ensure the security of company facilities, research and development, and identify and implement business efficiencies (where it is in our legitimate interests to do so);
  • Establish, exercise, or defend our legal rights – this may include where we reasonably consider it is in our legitimate interests or the legitimate interests of others, as well as where we are legally required to do so;
  • Diagnose or fix technology problems;
  • Make User Content available to third parties that are non-owned and non-operated by Firework, subject to your opting out by notifying our Support Team at support@fireworkhq.com; or
  • Automatically update the Firework application on your device.

Before using your personal information for any purposes, which fall outside those set out in this Privacy Policy, we will undertake an analysis to establish if our new use of your personal information is compatible with the purposes set out in this Privacy Policy. Please contact us using the details towards the end of this Privacy Policy if you want further information on the analysis we will undertake.

Although the sections above describe our primary purpose in collecting your information, in many situations we have more than one purpose. For example, we may collect your information to perform the Service with you, but we also collect your information so that we can quickly and easily respond to any questions about an order you place through our Services via our Sites or Apps or websites, applications, or devices of third-party publishers or distributors, provide you a confirmation or receipt for such order, or inform you that such order is incomplete. As a result, our collection and processing of your information is based on different contexts upon your consent, our need to perform a contract, our obligations under law, and/or our general interest in conducting our business.

Disclosure of your personal information

In addition to the specific situations discussed elsewhere in this policy, we disclose, and may have disclosed in the preceding 12 months, information in the following situations:

  1. Service Providers/Suppliers.  We may disclose User Content and your information (including but not limited to, information from cookies, log files, device identifiers, location data, and usage data) with other entities, including entities that we do not own or operate. Firework may use this information to help provide, understand, and improve the Service.
  2. Affiliates and Acquisitions. We may disclose information with our corporate affiliates (e.g., parent company, sister companies, subsidiaries, joint ventures, or other companies under common control). If another company acquires, or plans to acquire, our company, business, or our assets, we will also disclose information with that company, including at the negotiation stage.
  3. Advertising partners. We may also disclose certain information such as cookie data with third-party advertising partners. Please refer to our Cookie Policy for more information.
  4. Compliance with Law or Other Legal Process. We may disclose information in response to subpoenas, warrants, or court orders, or in connection with any legal process, or to comply with relevant laws. We may also disclose your information in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies, or to comply with your request for the shipment of products to or the provision of services by a third party intermediary.
  5. Where You Consent. We may also disclose your information for any other purposes disclosed to you with your consent.
  6. Anonymized and Aggregated Data. We may also disclose and use anonymized, aggregated reporting and statistics about users of our Service for the purpose of internal reporting or reporting to our corporate affiliate or other third parties (including clients), and for our marketing and promotion purposes.
  7. Social Media Platforms and Networks. Our Service may feature plugins, widgets, or and other tools made available by third parties that may result in information being collected or disclosed between us and the third party. However, social media platforms’ use of your information is not governed by this Privacy Policy.

We do not, and have not in the preceding 12 months, disclosed your sensitive personal information.  We have no actual knowledge that we have sold or shared data (as those terms are defined under California law) of consumers under 16 years of age in the last 12 months.

How long we store your personal information

How long do we keep your User Content?

Following termination or deactivation of your account, Firework or its Service Providers may retain information (including your profile information) and User Content for a commercially reasonable time for backup, archival, and/or audit purposes, in accordance with applicable laws.

How long do we keep other Personal Information?

We keep your personal information for no longer than necessary for the purposes for which the personal information is processed. The length of time for which we retain personal information depends on the purposes for which we collect and use it and/or as required to comply with applicable laws and to establish, exercise, or defend our legal rights.

Choices about your information and your rights

You may have certain rights regarding your personal information.  The rights available to you depend on our reason for processing your personal information and the requirements of applicable law (i.e., your rights will vary depending on whether you are located in, for example, California, the European Union, or United Kingdom). Specifically, you may have the following rights:

  1. Access to Your Personal Information. You have the right to request access to the personal information we hold about you, along with other information such as the purposes of the processing, the recipients or categories of recipients to whom the personal information has been or will be disclosed, the sources of the personal information, retention, and transfers of personal information.
  2. Correction (Rectification): You have the right to request correction/rectification of inaccurate personal information we have about you.  Depending on the purposes of the processing, you may have the right to have incomplete personal information completed, including by means of providing a supplementary statement. Note that we may keep historical information in our backup files as permitted by law, and you may not be able to change certain account information including your email address.
  3. Portability. Under certain circumstances, you have the right to receive the personal information about you that you have provided to us, in a structured, commonly used and machine-readable format.
  4. Deletion of Your Personal Information. You have the right to request that we delete your personal information.
  5. Objection to Processing. You may have the right to object to our processing of your personal information, under certain conditions, and we can be required to no longer process your personal information.  Such right to object may especially apply if we collect and process your personal information for profiling purposes to better understand your interests in our products and services or for direct marketing purposes.  If you have a right to object and you exercise this right, your personal information will no longer be processed by us for such purposes.  Such a right to object may, in particular, not exist if the processing of your personal information is necessary to take steps prior to entering into a contract or to perform a contract already concluded.
  6. Promotional Emails. You may choose to provide us with your email address for the purpose of allowing us to send reminders or notifications of upcoming events, free newsletters, surveys, offers, and other promotional materials to you, as well as targeted offers from third parties. You can stop receiving promotional emails by following the unsubscribe instructions in emails that you receive. If you decide not to receive promotional emails, we may still send you service-related communications.
  7. Promotional Mailings. If at any time you do not want to receive offers and/or circulars from us, you can remove yourself from our mailing lists by emailing us (our contact information is below) with “NO SNAIL MAIL” in the subject line along with your name, address, and zip code. Please note that our mailings are prepared in advance of their being sent. Although we will remove your name from our mailing list after receiving your request, you may still receive mailings from us that had been initiated prior to your name being removed or bulk mailings directed to ZIP codes or geographic areas.
  8. Promotional Text Messages. If you receive a text message from us (whether on our own behalf or on behalf of a third party) that contains promotional information, you can opt-out of receiving future text messages by replying, “STOP.”
  9. Opt out of the sale or sharing of Personal Information. We do not and have not in the preceding 12 months sold or shared (in this context, share means use of your personal information for cross-contextual behavioral advertising) your personal information. However, the use of technologies, such as cookies may constitute “sale” or “share” of personal information under California law.  To opt out of the “sale” or “share” of your personal information as described in this section, visit DO NOT SELL OR SHARE MY PERSONAL INFORMATION.
    • The following categories of personal information disclosed are considered “sale”/ “sharing” under California law: direct identifiers, device information, and geolocation data.
    • The following categories of third parties to whom personal information was disclosed are considered “sale”/ “sharing” under California law: social media platforms and networks.
  10. Right of Non-Discrimination/Retaliation. We do not discriminate against individuals who exercise any of their rights described in this Privacy Policy, nor do we retaliate against individuals who exercise these rights.
  11. Right to Opt Out of our Use of your Sensitive Personal Information (in certain instances and if permissible under applicable law). We do not disclose sensitive personal information for purposes other than those, which cannot be limited under applicable law.

‍Please note that many of the above rights are subject to exceptions and limitations.  Your rights and our responses will vary based on the circumstances of the request.  If you choose to assert any of these rights under applicable law, we will respond within the time period prescribed by such law.

If you are located in the State of California in the United States, a person authorized to act on your behalf may make a verifiable request related to your personal information.  If you designate an authorized person to submit requests to exercise certain privacy rights on your behalf, we will require verification that you provided the authorized agent permission to make a request on your behalf.

In any circumstances, your request must: (i) provide sufficient information that allows us to reasonably verify that you are the person about whom we collected personal information or an authorized representative of that person; and (ii) describe the request with sufficient detail that allows us to properly understand, evaluate, and respond to it.  We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

To exercise your rights, please contact us as stated in the “How to Contact Us” section of this Privacy Policy.

If you are a current or former Firework employee, please reference our Firework Employee Policy.  If you are a California applicant, please reference our Firework Applicant Policy.

Universal opt-out mechanisms

If you are using a browser setting or plug-in that sends an opt-out preference signal to each website you visit, we will treat that as a valid request to opt out. To download and use a browser supporting the Global Privacy Control (“GPC”) signal, click here: https://globalprivacycontrol.org/orgs. If you choose to use the GPC signal, you will need to turn it on for each supported browser or browser extension you use.

Some internet browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the “Do Not Track” signal, we do not currently interpret, respond to or alter our practices if we receive “Do Not Track” signals.

International Data Transfer

If you are located outside the United States, in particular if you are located in Canada, Brazil, the European Union (“EU”), the European Economic Area (“EEA”), New Zealand, the Republic of South Africa, Switzerland, the United Kingdom, or other countries with similar data privacy laws, please note that your information collected through the Service may be stored and processed in the United States or any other country in which Firework or its Service Providers maintain facilities. In certain situations, we may transfer your personal information to countries where data protection laws are not considered to provide an equivalent level of privacy protection to that provided by the laws of your home country.  In such circumstances, Firework will make efforts to protect your information in accordance with requirements applicable to the law in your particular jurisdiction and take steps to only share with third parties that offer similar protection. By engaging with and providing personal information and other data that we may legitimately collect, process, use or transfer in connection with your relationship with Firework, you unambiguously consent to your information being collected, processed, used, and transferred as disclosed herein.  You can request a copy of the appropriate safeguards referenced in this section by contacting us as stated in the “How To Contact Us” section of this Privacy Policy.

Notice to residents of the EU, UK, Switzerland, and other international jurisdictions

If you are located in the EU, EEA, or a jurisdiction with a similar law, the GDPR or its local equivalent may grant you certain rights under the law. In particular, the right to access, correct, and delete the personal information we hold about you. We will retain your personal information for the length of time you engage with our services as described in the retention section of this Privacy Policy, until you request deletion of such personal information. Firework is considered the Data Controller (or equivalent distinction) with regard to your personal information. You can find our contact information as described herein or in other portions of the App or Services.

In certain circumstances, you have the following data protection rights:

  • The right to access, update, or delete the personal information we have on you.
  • The right of rectification. You have the right to have your personal information rectified or corrected if that information is inaccurate or incomplete.
  • The right to object. You have the right to object to our processing of your personal information.
  • The right of restriction. You have the right to request that we restrict the processing of your personal information.
  • The right to data portability. You have the right to be provided with a copy of the personal information we have on you in a structured, machine-readable and commonly used format.
  • The right to withdraw consent. You also have the right to withdraw your consent at any time where we relied on your consent to process your personal information.

In order to make a request regarding your personal information, please contact privacy@fireworkhq.com.

If you have a comment, question, or complaint about how we are handling your personal information, we hope that you contact us as described herein to allow us to resolve the matter. In addition, depending on the jurisdiction in which you are located, you may have the option of submitting a complaint regarding the processing of your personal information to a regulatory authority.

Legal Basis for Processing

If you are located in the EU, EEA, or a jurisdiction that requires a similar legal basis for processing, our legal basis for collecting and using the personal information described in this Privacy Policy depends on the personal information we collect and the specific context in which we collect it.

We may process personal information because:

  • It is necessary for the performance of a contract between you and Firework;
  • You have given us consent to do so;
  • The processing is in our legitimate interest as the Controller, when that legitimate interest is not overridden by your rights; or
  • We must comply with the law.

Data privacy framework program

Firework complies with the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”) and the UK Extension to the EU-U.S. DPF, as set forth by the U.S. Department of Commerce (collectively, the “DPF Program”). Firework has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (“EU-U.S. DPF Principles”) and UK Extension with regard to the processing of personal information received from the EU and UK. The EU-U.S. DPF Principles may be referred to as “Principles.” If there is any conflict between the terms in this Privacy Policy and the Principles, the Principles shall govern.

To learn more about the Data Privacy Framework program, and to view our certification, please visit https://www.dataprivacyframework.gov/ for broad program information and https://www.dataprivacyframework.gov/s/participant-search to view the complete list of participating organizations.

Firework has committed itself to the Principles of the DPF program as reflected in this Privacy Notice, and you can find information relevant to the DPF Program throughout this Privacy Notice, including, but not limited to: (i) the types of personal information collected by Firework; (ii) the purpose of processing personal information; (iii) the rights you may have with regard to your personal information based on the jurisdiction in which you live; (iv) a method of contacting Firework and exercising those rights; (v) the third parties to which your personal information may be disclosed; and (vi) your choices with regard to your personal information and how you can exercise those choices with Firework. Pursuant to the DPF Program, under certain circumstances Firework may remain liable for transfers of certain personal information to third party’s processing personal information on our behalf.

Under the DPF Program, Firework is subject to the investigatory and enforcement power of the Federal Trade Commission (“FTC”). In addition, if you have a complaint or concern that arises under the DPF Program that Firework cannot resolve to your satisfaction, Firework has committed to refer unresolved complaints concerning our handling of personal information received in reliance on the DPF Program to JAMS, an alternative dispute resolution provider based in the United States, the European Union, the United Kingdom (as applicable). If you do not receive timely acknowledgment of your DPF Program and/or Principles-related complaint from us, or if we have not addressed your related complaint to your satisfaction, please visit https://www.jamsadr.com/dpf-dispute-resolution for more information or to file a complaint. The services of JAMS are provided at no cost to you. In addition, you may file a claim with JAMS here: File a Data Privacy Framework (DPF) Claim

As described in the DPF Program, individuals may invoke binding arbitration, and you should visit the DPF Program website linked above for the most up-to-date information regarding that binding arbitration. In addition to the purposes described in “Disclosure of Your Personal Information,” be aware that in certain, limited circumstances, public authorities in the U.S., including but not limited to, the U.S. Federal Government, may make lawful requests of Firework to obtain certain personal information which Firework must comply with.

Firework offers products to business customers in jurisdictions around the world, including in jurisdictions that may not offer the same amount of protection as required by the EU. Firework segments and protects data accordingly, based on the location of our customers, and as such, not all products offered by Firework are covered by the DPF Program due to the potential for data storage in jurisdictions not compliant with the Principles. For the most up-to-date list of products that are compliant with the Principles, please contact us.

Currently, the list of products NOT covered by the DPF Program are the following: (i) customers with only non-EU end-users; (ii) customer that sign up for basic Firework subscription products through Shopify; or (iii) other customers as agreed to in a written agreement with Firework.

If you have any concerns or complaints regarding our processing of your personal information, please contact us as described in the “How to Contact Us” section below and we will do our best to answer any question and resolve any complaint to your satisfaction.

Other important information

The following additional information relates to our privacy practices:

  • Third Party Applications/Websites.
     Our Service may include links to, or be accessible via, websites or applications that are owned or operated by third parties. Please note that any personal information that you provide to such third parties will be governed by their privacy policies, and we have no control over or responsibility for their privacy practices. We encourage you to review the privacy policies of any third-party website or application for details about what information is collected and how it is used and/or disclosed prior to providing any personal information.
  • Changes to This Privacy Policy. We may change our Privacy Policy and practices from time to time.When we update our Privacy Policy, we will notify you by posting the new Privacy Policy with a new “Last Updated” date and providing any other notice required by applicable law.
  • Accessibility. If you are visually impaired, you may access this notice through your browser’s audio reader.
  • Children. Our Service is not directed to, and we do not knowingly collect personal information from, anyone under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us. We do not sell any information of children.

How to contact us

If you have any questions about this Privacy Policy or the Service, please contact us through email at privacy@fireworkhq.com, by phone at (800) 717-0750, or mail at 2 West 5th Ave., Suite 400, San Mateo, CA 94402.

If you are located in the European Union you may contact us through our local representative:

Instant EU GDPR Representative Ltd

  • Email: contact@gdprlocal.com
  • Address: INSTANT EU GDPR REPRESENTATIVE LIMITED Office 2 12A Lower Main Street, Lucan Co. Dublin K78 X5P8 Ireland
  • Phone: + 353 15 549 700
  • Data Reporting Link: https://loopnowtechnologiesinc.gdprlocal.com/eu

If you are located in the United Kingdom you may contact us through our local representative:

  • GDPR Local Ltd
  • Email: contact@gdprlocal.com
  • Address: GDPR Local Ltd 1st Floor Front Suite 27-29 North Street, Brighton England BN1 1EB
  • Phone: + 441 772 217 800
  • Data Reporting Link: https://loopnowtechnologiesinc.gdprlocal.com/uk

This Privacy Policy includes an “effective” and “last updated” date.  The effective date refers to the date that the current version took effect. The last updated date refers to the date that the current version was last substantively modified.

File a Data Privacy Framework (DPF) Claim