Privacy Policy

„We", „Us", „Our", „Spoks" - Spoks Technologies Inc., a Delaware Corporation, File number: 10178760,

„Spoks Platform", „Platform" - web and mobile application developed and maintained by Spoks, through which Registered Users can manage, coordinate marketing activities and interact with third parties (Consumers), delivered as software-as-a-service (SaaS). The webpage is available at spoks.com, mobile app is available on App Store and Google Play Store.

„Client" - a business or individual who registers for Platform to manage relationships, campaigns, or communication with their own clients, followers, or contacts and uses Platform after logging in.

„Customer" - an individual whose personal data is uploaded to the Platform by a Client for marketing use (e.g., the Client's customer, follower, or contact). The Customer is not a direct user of the Platform but is affected by its use.

„User" - any individual who visits Spoks Platform or otherwise interacts with Us. Users of the Spoks Platform can be logged in (Client) or not (Visitor).

„Visitor" - a User who is not logged in to the Spoks Platform but has access to basic application functionalities

„Personal Data", „Personal Information" - any information relating to an identified or identifiable natural person, as defined in applicable privacy laws.

„Service Provider" (US), „Data Processor" (EEA) - a legal entity that processes Personal Data on behalf of a Data Controller. It acts according to a written agreement prohibiting the Service Provider from retaining, using, or disclosing Personal Information for any purpose other than for the specific purpose of performing the services outlined in the agreement.

„Data Controller" - An entity that determines the purposes and means of processing Personal Data. The Company acts as a Controller when it collects and processes Personal Data for its own business purposes, including account registration, service delivery, analytics, and direct communications.

As Data Controller:

• Contact information: names, email addresses, phone numbers,
• Account data: login credentials, account settings, billing information,
• Technical data: IP addresses, browser information, device data,
• Usage data: Platform interactions, feature usage, session information.

As Service Provider/Data Processor:

• Contact information of Clients' customers: names, email addresses, phone numbers,
• Marketing data: communication preferences, engagement metrics, execution of marketing activities on behalf of the Client,
• Custom data fields as uploaded by Clients.

As Data Controller, Spoks processes Personal Data in order to:

• Provide and maintain Platform services,
• Process account registration and authentication,
• Send service-related communications,
• Support customer service requests,
• Analyze Platform performance and usage,
• Ensure Platform security and prevent fraud,
• Comply with legal obligations.

As Data Processor/Service Provider, Spoks processes Personal Data in order to:

• Enable Clients to manage contact databases,
• Facilitate marketing campaign execution,
• Provide campaign analytics and reporting,
• Support customer communication activities.

For U.S. Users

We comply with federal and state data privacy laws where applicable. We process data for disclosed business purposes in compliance with applicable regulations.

For EEA Users

We process personal data based on the following legal grounds:

• Consent (Art. 6(1)(a)) – for optional features like marketing emails
• Performance of Contract (Art. 6(1)(b)) – to provide our services
• Legal Obligations (Art. 6(1)(c)) – such as accounting or fraud detection
• Legitimate Interests (Art. 6(1)(f)) – to improve our platform or ensure network security

When acting as a Processor, we rely on our Clients (the Data Controller) to determine the lawful basis.

Rights of U.S. Residents

Different US states have enacted varying privacy regulations with different requirements and thresholds. Depending on your state of residence and applicable law, you may have the following common rights:

• Right to Know: Request information about the Personal Data we collect, use, and share about you.
• Right to Access: Obtain copies of your Personal Data we maintain.
• Right to Delete: Request deletion of your Personal Data, subject to legal and business exceptions.
• Right to Correct: Request correction of inaccurate Personal Data.
• Right to Opt-Out: Opt out of the sale or sharing of Personal Data for advertising purposes.
• Right to Limit Processing: Request limitation of sensitive Personal Data processing.
• Right to Non-Discrimination: Receive equal treatment regardless of exercising privacy rights.

The specific availability and scope of these rights depend on your state's privacy laws

Rights of EEA Residents

You have the following rights:

• Right of access to your data - Request confirmation of whether we process your Personal Data and obtain copies of your data along with information about processing purposes, recipients, and retention period (Art. 15)
• Right to rectification - Request correction of inaccurate or incomplete Personal Data without undue delay (Art. 16)
• Right to erasure - so-called "right to be forgotten", request deletion of your Personal Data when it is no longer necessary for the original purpose, consent is withdrawn, processing is unlawful, or erasure is required for legal compliance. This right is subject to legal and legitimate interest exceptions (Art. 17)
• Right to restrict processing - request limitation of processing when you contest data accuracy, processing is unlawful, or you object to processing pending verification of our legitimate grounds (Art. 18)
• Right to data portability - receive your Personal Data in a structured, machine-readable format and transmit it to another controller when processing is based on consent or contract and carried out by automated means (Art. 20)
• Right to object to processing - Object to processing based on legitimate interests, including profiling, and to direct marketing communications. We will cease processing unless we demonstrate compelling legitimate grounds (Art. 21)
• Right to withdraw consent - withdraw consent at any time for processing activities based on consent, without affecting the lawfulness of processing before withdrawal (Art. 7(3))
• Right to lodge a complaint with a supervisory authority - file complaints with your local data protection authority regarding our processing practices (Art. 77)

Types of cookies We might use:

• Essential cookies: required for core functionality of the Spoks Platform
• Analytical cookies: to understand how Users interact with Spoks Platform and to improve performance
• Optional marketing cookies: used to deliver relevant advertising content. These are only activated with explicit user consent in jurisdictions where such consent is required (e.g., the European Union).

A current list of Spoks' subprocessors that might Process Personal Data:

• Google Inc.
• Functional Software Inc. (Sentry.io)
• Twilio Inc. (Segment.com).