Privacy Policy
& Notices at Collection

Spark Health Inc. and our affiliates and subsidiaries (collectively, “Spark,” “we,” or “us”) respect and value your privacy. This Privacy Policy explains our online and offline information practices, the kinds of information we may collect, how we intend to use and share that information, and how you can opt-out of a use or correct or change such information. This Privacy Policy is incorporated by reference into both our Website Terms of Service and our Platform Terms of Service (individually and collectively, “Terms of Service”). 

1. Scope

This Privacy Policy applies to information that we process from or regarding our current, prospective, and former customers, users, visitors, guests, business partners (including members, agents, agencies, providers, and carriers), and employees, in the course of our business, including on our website SparkAdvisors.com (our “Website”), through our forms, applications, technology platform (the “Technology Platform”), by phone, texts, or in-person, and any other online offerings that link to this Privacy Policy (collectively, the “Services”). This Privacy Policy does not apply to information collected by any third party, including through any application or content (including advertising), that may link to or be accessible from or through the Services.

Applicability of HIPAA

Since we facilitate the sale and management of a diverse range of insurance products, our processing of some information on behalf of our agents, business partners, or a health plan may fall under a state or federal regulatory framework, like the Health Insurance Portability and Accountability Act (“HIPAA”) and related state laws. Specifically, we act as a Business Associate (as defined by HIPAA) if we receive client Protected Health Information (“PHI”) on behalf of a third party that is a Covered Entity (as defined by HIPAA). In our role as a Business Associate we collect, use, and disclose PHI to provide services primarily for or on behalf of health plans. For more information about how PHI is used and disclosed, please review the applicable Covered Entity’s Privacy Notices. This Privacy Policy does not apply to personal information that is covered by HIPAA. For information regarding your rights under with consumer health data privacy laws, please refer to our Consumer Health Data Policy. 

2. Information We Collect About You 

The types of information we collect about you (directly from you or from a third party source) depends on the nature of our relationship with you and the requirements of applicable law. The categories of information identified in this Privacy Policy will be referred to as “personal information.”

Spark collects or obtains  the following categories of personal information:

• Identifiers, e.g. real name, alias, account name, social security number, driver’s license number; insurance agent license numbers and/or National Producer Numbers (“NPN”).
• Contact Information, e.g., postal address, email address, phone number. 
• Demographic Information, e.g. age, race, marital status, mental or physical disability, and sex or gender.
• Commercial Information, e.g. records of insurance products or services purchased (including the type of product purchased, insurance policy numbers, and carrier name), financial information.
• Internet or Other Similar Network Activity, e.g. internet or other electronic network activity information such as browsing history, search history, or information regarding a consumer’s interaction with the Services.
• Geolocation Data, e.g. geolocation or movements.
• Sensory data, e.g. audio, electronic, visual, or similar information, including audio recordings. 
• Professional or employment-related information, e.g. current or past employment history, performance evaluations, and income and salary details.
• Education information, e.g. current or past education or credentialing information.
• Account Information, e.g. usernames and account numbers
• Communications, e.g. mail, email, or text messages contents not directed to us (i.e., communications directed to your members, agents, providers, or carriers, as applicable)
• Health Information, e.g. medical history, prescriptions, health conditions, and details related to your health coverage.
• Inferences that can create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes.

Some or all of the types of personal information listed above may be considered “sensitive” personal information according to some state laws.

While personal information is broadly defined, other categories are specifically excluded from this definition including:

• Publicly available information, meaning information that is available from federal, state, or local government records.
• Pseudonymized and de-identified information or aggregated and de-identified information that cannot be reasonably linked to an individual.

‍

3. How We Collect Information About You 

Direct Collection

We collect personal information from our provision of the Services or operation of our business, including:

• Information you provide us directly in connection with the Services, including information you provide us by phone, email, text, in-person, through our Website (including by filling in forms on our Website, or other forms or applications on third party websites and services, if those forms or applications link to this Privacy Policy), or through our Technology Platform. Such  information may be provided to us by your spouse or other family member.
• Information you provide when applying for a job at Spark or in connection with your employment with Spark, either directly to Spark or to our third party service providers (e.g., recruiters or recruiting platforms, HR or payroll management services).
• Information we lawfully obtain from our third party service providers and public sources.

Indirect Collection

We collect personal information on behalf of third parties when they use the Services, including:

• Information we receive about you from users of the Services, like insurance agencies and agents, members, carriers, and providers, to create, share, and use contract management, marketing, sales, and customer service content. When our users use the Services, they may upload or provide us with your personal information, such as first and last name, email address, physical address, phone number, age, insurance plan information, or other personal information about you. We call the information that our users submit or collect via the Services “Your Content” under our Terms of Service. We do not control Your Content or the types of personal information that our users may choose to collect or manage using the Services. We store our users’ information on our service providers’ servers, but process it as a processor under our users’ instructions and in accordance with our Terms of Service, which prohibit us from using the information except as necessary to provide and improve the Services or otherwise as required by law. Our users control and are responsible for correcting, deleting or updating the information they process using the Services and for complying with any regulations or laws that require providing notice, disclosure, and/or obtaining consent prior to transferring personal information to Spark for processing purposes.
• Information we receive about you or other users of the Services from our network of business partners, including lead generation partners.

Automatic Collection

We use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Website and Technology Platform, use of our Services, or visits to other sites or services that link to this Privacy Policy, including traffic data, location data, logs, metrics and information about your use and interaction with the Services (like what product features you use the most), and other communication data and the resources that you access and use with the Services. 
• Information about your computer hardware and software when you visit our Websites, use our Services, or visit other sites or services that link to this Privacy Policy. This information can include your IP address, browser type, domain names, internet service provider (ISP), and the files viewed on our websites (e.g., HTML pages, graphics, etc.), the files viewed on your operating system, access times and referring website addresses.
• Information about your online activities over time and across third party websites or other online services (behavioral tracking). 

The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties or with publicly available information. It helps us to improve the Services and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize the Services according to your individual interests.
• Recognize you when you return to our Website or our Technology Platform.

For example, we use Google Analytics, which allows us to analyze traffic and usage patterns of individual users (without further identifying them) or groups (which webpages you visit, how often you return, how long you stay, etc.). This data allows us to better understand which pages are getting viewed and, in turn, continuously improve the Services. 

The technologies we use for this automatic data collection may include:

• Cookies (Browser Cookies). A cookie is a small file placed on the hard drive of your computer. We use cookies that are necessary for our online Services to run, including optimizing or powering features on the Services and helping us identify irregular or fraudulent behavior on the Services. We also use performance and analytics cookies to understand how visitors engage with our online Services. 
• Web Beacons. Pages of our online Services may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Spark, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). 
• Flash Cookies. Certain features of our online Services may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our online Services. Flash cookies are not managed by the same browser settings as are used for browser cookies. 

You can control the use of cookies on your device at any time by changing your preferences or options in your browser settings. Each browser provides different mechanisms for managing cookies. You can usually find these settings in the “Options” or “Preferences” menu of your browser; otherwise, look at your browser’s help menu to determine the best way to modify your browser’s cookie storage. You can also block, disable, or delete the cookies that are stored on your device. However, blocking, disabling, or deleting cookies may limit your ability to view all the pages on our online Services.

Third Party Use of Cookies and Other Tracking Technologies

Some content or applications related to the Services are served by third-parties, including advertisers, ad networks and servers, content providers, service providers, and application providers. These third parties may use cookies, alone or in conjunction with web beacons or other tracking technologies, to collect information about you when you use our Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. 

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. 

Do Not Track Signals

Do Not Track (DNT) is an optional browser setting that allows you to express your preferences regarding tracking by advertisers and other third-parties. We currently do not respond to DNT signals.

4. How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

• To provide you with the Services.
• To communicate with you about the Services, including to notify you about changes to the Services, the Terms of Service, or this Privacy Policy.
• To improve and develop the Services. 
• To diagnose and fix technological problems with the Services. 
• To develop new products and services. 
• To provide information that you request from us.
• To fulfill any other purpose for which you provide it.
• Where permitted, for marketing and promotional purposes, such as to provide information to you about the products and services we or our business partners offer.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
• To provide human resources, employment, benefits administration, and related business purposes. 
• To find and prevent fraud. 
• To resolve disputes, to protect the rights, property, or safety of Spark, our Services, customers, employees, business partners, or the public, and to enforce any legal terms that govern your use of the Services or our other services and products. 
• To comply with our legal and regulatory obligations. 
• To evaluate or conduct a merger, sale, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.
• For any other purpose with your consent.

‍

5. Disclosure of Your Information to Third Parties

We may disclose personal information that we collect or you provide as described in this Privacy Policy to the following third parties:

• Users or beneficiaries of the Services (including without limitation, insurance agents, insurance carriers and health plans, and health care providers) upon your request and/or with your consent. For example, we may disclose the categories of personal information listed above to an insurance agent when you request information about insurance products, or to an insurance carrier when you request to submit an application for insurance coverage.
• Our subsidiaries and affiliates.
• Our contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• Our business partners featured on co-branded sites or services that link to this Privacy Policy and are otherwise authorized by Spark. When we enter into these types of relationships, we will share the information you provide in order for our co-branded partners to fulfill the purposes for which you provided the information. If the co-branded site or service does not link to this Privacy Policy or is otherwise not authorized by Spark, then we do not control the site or service, the third party’s collection of data, or how they may use your data. If you are uncertain if a co-branded site is authorized by Spark, please contact us at privacy@sparkadvisors.com. If you have any questions about a co-branded site that does not link to this Privacy Policy or is otherwise not authorized by Spark, you should contact the responsible provider directly. 
• A buyer or other successor in the event of a merger, sale, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Spark’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.
• Third parties to market their products or services to you with your consent. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. 
• As necessary to fulfill the purpose for which you provide it. 
• As necessary to comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Spark, our customers, employees or others. 
• Any other third party with your consent.

‍

6. Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information: 

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
• Promotional Offers from Spark. If you do not wish to have your email address or other contact information used by Spark to promote our own or third parties’ products or services, you can opt-out by clicking “Unsubscribe” at the bottom of the promotional email, sending us a return email asking to be omitted from future email distributions, or by sending us an email stating your request to privacy@sparkadvisors.com. You cannot opt out of receiving transactional emails related to your account with us or the Services.
• Communications From Other Users. Our users are solely responsible for their own communications (including marketing communications) with you. We cannot unsubscribe you from their communications. If you wish to opt-out of communications from another user, you can contact them directly.
• Third Party Advertising. We may partner with third party ad networks to display advertising on our website or to manage our advertising on other sites. These third parties may use cookies and web beacons to collect information about your activities on this and other websites to provide you targeted advertising based upon your interests. We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI's website. Please note this does not opt you out of being served advertising you will continue to receive generic ads.

‍

7. Additional State Privacy Rights 

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information as described in more detail below. To exercise any of these rights, please email privacy@sparkadvisors.com. 

The California Consumer Privacy Act and the California Privacy Rights Act:

Spark makes the following disclosures under the CCPA: A detailed description of the categories of “personal information” (as such term is defined under the CCPA) we may have collected in the last 12 months and how we may have used such personal information in the last 12 months is provided above in Section 2 (Information We Collect About You) and Section 4 (How We Use Your Information). Additionally, in the last twelve (12) months, Spark has shared the categories of personal information identified in Section 2 (Information We Collect About You) with third parties, including insurance agents, insurance carriers, and health care providers, and otherwise for business purposes, as described under Section 5 (Disclosure of Your Information to Third Parties). Please note that while Spark has provided the categories of personal information it may collect pursuant to California law, it does not necessarily mean that Spark collected all of the specific pieces of personal information listed for any given person. 

Spark does not “sell” or “share” and has not “sold” or “shared” your personal information as those terms are defined under most data privacy legislation, including the CCPA, and will not do so without your prior consent. In addition, Spark does not use your personal information for profiling or targeted advertising without your prior consent.

To the extent the law applies to Spark, California residents may have the following additional rights under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act, and their implementing regulations (collectively, the “CCPA”):

• Request that we disclose to you free of charge the following information:

• The categories of personal information about you that we collected;
• The categories of sources from which the personal information was collected;
• The business or commercial purpose for collecting personal information about you;
• The categories of third parties with whom we share that personal information; and
• The specific pieces of personal information we collected about you.
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

• The categories of personal information about you that we sold and the categories of third parties to whom the personal information was sold; and
• The categories of personal information that we disclosed about you for a business purpose.

• Request a copy of your personal information. 
• Request that we edit or correct your personal information at any time. 
• Request that we delete any of the personal information we collected from you, unless a CCPA exception is applicable.
• To the extent our use of your personal information constitutes “selling” or “sharing” under CCPA, request that we not sell or share your personal information to third parties.
• To the extent our use of your personal information exceeds the permitted purposes under the CCPA, request that we limit the use and disclosure of sensitive personal information to only that which is necessary for providing products or services to consumers.
• Be free from unlawful discrimination for exercising your rights under the CCPA.

We are  legally obligated to verify your identity when you submit a request. We may request additional information from you to verify your identity. If we are unable to confirm your identity, we may refuse your rights request. 

You may use an authorized agent to submit a rights request. If you do so, the authorized agent must present signed written authorization to act on your behalf, and you will also be required to independently verify your own identity directly with us and confirm with us that you provided the authorized agent permission to submit the rights request. This verification process is not necessary if your authorized agent provides documentation showing that the authorized agent has power of attorney to act on your behalf.

We will work to process all verified requests within 45 days pursuant to the CCPA. If we need an extension for up to an additional 45 days in order to process your request, we will provide you with an explanation for the delay.

We will not discriminate against you for exercising any of your privacy rights.

“Shine the Light” Law (Civil Code Section § 1798.83):

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of the Services that are California residents to request certain information regarding Spark’s disclosure of personal information to third parties for their direct marketing purposes. We do not disclose your personal information to third parties for the purpose of directly marketing their goods or services to you unless you request such disclosure. If you have any questions regarding this policy, or would like to change your preferences, you may contact us at privacy@sparkadvisors.com. 

Other State Privacy Rights

This section provides additional information to Colorado, Connecticut, Montana, Oregon, Texas, Utah, and Virginia residents regarding Spark’s collection and use of their “personal information” or “personal data” (as defined under applicable state data privacy legislation and collectively referred to as “personal information”). 

To the extent such state laws apply to Spark, residents of these states may have the following additional rights regarding personal information, subject to certain exceptions under applicable law:

• Request confirmation that we are processing your personal information.
• Request access to a copy of your personal information in a portable and readily-usable format. 
• Request that we edit or correct your personal information at any time. 
• Request that we delete your personal information, unless an exception applies. If we delete your personal information, we might not be able to provide you with the Services.
• To the extent applicable, request to opt-out of any tracking for targeted advertising purposes. 
• To the extent applicable, request to opt-out of any automated processing of your personal information to evaluate, analyze, or predict personal aspects related to your economic situation, health, personal preferences, interests, reliability, behavior, location, or movements, to the extent this results in decisions that produce legal or similarly significant effects.
• To the extent our use of your personal information constitutes “selling” or “sharing” under applicable data privacy law, request that we not sell or share your personal information to third parties. 
• We will not process your sensitive personal information without your consent. You may also request to opt-out of our use of your sensitive personal information. 
• Be free from discrimination related to your exercise of any of your state privacy rights. 

‍

We are  legally obligated to verify your identity when you submit a request. We may request additional information from you to verify your identity. If we are unable to confirm your identity, we may refuse your rights request. 

You may use an authorized agent to submit an opt-out request. If you do so, the authorized agent must present signed written authorization to act on your behalf, and you will also be required to independently verify your own identity directly with us and confirm with us that you provided the authorized agent permission to submit the rights request. 

We will not discriminate against you for exercising any of your privacy rights.

You may appeal our refusal to take action on a request exercising one of your rights mentioned above by contacting us at privacy@sparkadvisors.com.

‍

8. Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure, including but not limited to the following:

• All personal information is secured on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure, using appropriate physical, technical and organizational measures.
• All personal information in production environments is encrypted at rest.

Notwithstanding the foregoing measures, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through the Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained in or on the Services.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. 

9. Data Retention 

We retain personal information to achieve the purposes for which the information was collected. In certain cases, we may need to retain personal information for purposes required under applicable law, for tax or audit purposes, or for other lawful purposes.

10. Children Under the Age of 18

The Services are not intended for and we do not knowingly collect or process personal information from children who have not reached the age of consent under relevant data privacy laws. No one under age 18 may provide any personal information through the Services. If we learn we have collected or received personal information from a child under the age of consent pursuant to relevant data privacy laws, we will delete that information. If you believe we might have any information from or about a child who has not reached the age of consent under relevant data privacy laws, please contact us at privacy@sparkadvisors.com. 

11. Changes to Our Privacy Policy

We reserve the right to amend this Privacy Policy at our discretion and at any time. When we make changes to this Privacy Policy, we will post the updated Privacy Policy on the Website and update the Privacy Policy’s effective date. Your continued use of the Services following the posting of changes constitutes your acceptance of such changes.

12. Contact Information

If you have any questions or comments about this Privacy Policy, the ways in which Spark collects and uses your information described here, your choices and rights regarding such use, or wish to exercise your rights under applicable privacy law, please do not hesitate to contact us at:

‍

Spark Health Inc.


2218 Broadway #232

New York, NY, 10024

(212) 847-0697

support@sparkadvisors.com