policies

notification of copyright infringement

Checkeredfield Consulting & Management Inc., which owns "SPARK", respects the intellectual property rights of others and expects the same from its users.

SPARK’s policy, is to terminate the accounts of users who infringe the copyrights or other intellectual property rights of others.

In accordance with the Digital Millennium Copyright Act of 1998 and in recognition of various international copyright laws, SPARK will respond to claims of copyright infringement committed by a third party using the SPARK website, or other online or mobile network, accessible through a mobile device or other type of device that are reported to SPARK’s Designated Copyright Agent, identified below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the SPARK's Sites by completing the following DMCA Notice of Alleged Infringement and delivering it to SPARK’s Designated Copyright Agent. Upon receipt of the Notice as described below, SPARK will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Sites.

DMCA notice of alleged infringement ("Notice")

  1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
    1. "I hereby, in good faith, state that it is my belief that the disputed use of the subject, copyrighted material, is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
    2. "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or am authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
  5. Provide your full legal name and your electronic or physical signature.
  6. Deliver this Notice, with all items completed, to SPARK’s Designated Copyright Agent:

Checkeredfield Consulting & Management Inc. at PO Box 1, Markdale, ON N0C 1H0

IMPORTANT: Communications unrelated to copyright use or infringement will be discarded. Please follow this link for SPARK's Guidelines for Third Party Data Requests and Service of Legal Documents

how does SPARK use information regarding your location (iOS)?

Spark collects your location data from the time of trip, purchase or delivery request through to five minutes after the service ends, even when the app is active in the background. 

Our purpose is to improve pickups, drop-offs, customer service, accuracy, and safety. Service related location data is collected during the following cases:

- When you are interacting with the SPARK app and the app is foregrounded and visible.
- When you're on S-ride: from the time you request a ride until the ride is completed or cancelled by the driver, even when the SPARK app is running in the background and not visible.
- Up to five minutes after the driver ends S-ride, including when the SPARK app is in the background.

- When you've ordered S-food: from the time you order until the time the food is delivered or cancelled by the driver, even when the SPARK app is running in the background and not visible.
- Up to five minutes after the driver ends S-food, including when the SPARK app is in the background.

- When you've ordered S-purchase from the time you start your shopping until when the purchase is delivered or cancelled by the driver, even when SPARK app is running in the background and not visible.
- Up to five minutes after the driver ends S-purchase, including when the SPARK app is in the background.

- When you've ordered S-delivery: from the time you request a delivery until when the delivery is completed or cancelled by the driver, even when the SPARK app is running in the background and not visible.
- Up to five minutes after the driver ends S-delivery, including when the SPARK app is in the background.

See SPARK's User Privacy Notice for information regarding SPARK's treatment of location data collected from users.

If you want to turn off collection, you can disable location services through your device settings.

On iOS: Settings > Privacy > Location Services > SPARK > choose "Never"

privacy policy

1. introduction

When you use SPARK, you trust us with your personal data. We are committed to that trust. That starts with helping you understand our privacy practices.

This policy notice describes the personal data we collect, how it’s used and shared, and your choices regarding this data. We recommend that you read this along with our privacy overview, which highlights key points about our privacy practices. 

Last modified: August 1, 2020
Effective date: September 2, 2020

2. Overview

A. Scope

This notice applies to users of SPARK’s services anywhere in its territory in Ontario, Canada, including users of SPARK’s apps, websites, features, or other services.

This notice describes how SPARK and its affiliates collect and use personal data. This notice applies to all users of our apps, websites, features, or other services anywhere in SPARK’s territory, unless covered by a separate privacy notice. This notice specifically applies to:

  • Riders: individuals who request or receive transportation, including those who receive transportation requested by another individual
  • Drivers: individuals who provide, or submit applications to SPARK to provide, transportation individually or through partner transportation companies
  • Delivery recipients: individuals who request or receive food, purchases, or other products and services 
  • Delivery partners: individuals who provide, or submit applications to SPARK to provide, delivery or other services
  • Renters: individuals who rent bicycles or scooters, or other light electrical vehicles or devices (collectively, “Rental Devices”), through a SPARK app. 

This notice also governs SPARK’s other collections of personal data in connection with SPARK’s services. For example, we may collect the contact information of individuals who use accounts owned by SPARK for Business customers or of owners or employees of S-food restaurant partners, S-purchase super market partners, or we may collect other personal data in connection with our mapping technology and features.

All those subject to this notice are referred to as “users” in this notice.

In addition, please note the following: 

  • For users without a SPARK account: The personal data of users who take a ride arranged by the owners of a SPARK account, is processed in accordance with our contract with the owner of that account, and not as otherwise described in this notice. Such processing may include sharing of rider location data with the owner of that account. Please contact the owner of such account for more information.

Our data practices are subject to applicable laws in the places in which we operate. This means that we engage in the practices described in this notice in a particular region only if permitted under the laws of those locals. Please contact us here or through the addresses below with any questions regarding our practices in a particular region.

B. Data controller and transfer 

Checkeredfield Consulting & Management Inc. is the data controllers for the personal data collected in connection with use of SPARK everywhere in its territory.

If you’re a driver, the SPARK entity holding the relevant PHV operator license is a controller for complying with licensing requirements. 

Questions, comments, and complaints about SPARK’s data practices can be submitted here.

3. Data collections and uses

a. The data we collect

SPARK collects:

  • Data provided by users to SPARK, such as during account creation 
  • Data created during use of our services, such as location, app usage, and device data 
  • Data from other sources, such as SPARK partners and third parties that use SPARK APIs 

The following data is collected by or on behalf of SPARK:

1. Data provided by users which includes:

  • User profile: We collect data when users create or update their SPARK accounts. This may include their name, email, phone number, login name and password, address, profile picture, payment or banking information (including related payment verification information), government identification documents, including driver’s license numbers and images, birth-date, signature, and photo. This also includes vehicle or insurance information of drivers and delivery partners, and user settings. We may use the photos submitted by drivers and/or delivery partners to verify their identities, such as through facial recognition technologies. For more information, please see the section titled “How we use personal data.”
  • Background check and identity verification: We collect background check and identity verification information for drivers and delivery partners. This may include information such as driver history or criminal record (where permitted by law), and right to work. This information may be collected by an authorized vendor on SPARK’s behalf. We also collect identity verification from S-food, S-purchase, and S-delivery users who request alcohol delivery.
  • Demographic data: We may collect demographic data about users, including through user surveys. In some cases, we may also receive demographic data about users from third parties.
  • User content: We collect the information users submit when they contact SPARK customer support, provide ratings or compliments for other users, restaurant, grocery shops, other partners, or otherwise contact SPARK. This may include feedback, photographs or other recordings collected by users.

2. Data created during use of our services which includes

  • Location data: We collect precise or approximate location data from a user’s mobile device if enabled by the user to do so. For drivers and delivery partners, SPARK collects this data when the SPARK app is running in the foreground (app open and on-screen) or background (app open but not on-screen) of their mobile device. For riders, delivery recipients, and renters, SPARK collects this data when the SPARK app is running in the foreground. In certain regions, SPARK may also collect this data when the SPARK app is running in the background of the user’s mobile device. Riders, delivery recipients, and renters may use the SPARK apps without enabling SPARK to collect location data from their mobile devices. However, this may affect some functionality available in the SPARK apps. For example, a user who has not enabled location data collection will have to manually enter their address. In addition, the location data collected from a driver during a trip will be linked to the rider’s account, even if they have not enabled location data to be collected from their device, including for purposes of receipt generation, customer support, fraud detection, insurance, and litigation. 
  • Transaction information: We collect transaction information related to the use of our services, including the type of services requested or provided, order details, delivery information, date and time the service was provided, amount charged, distance travelled, and payment method. Additionally, if someone uses your promotion code, we may associate your name with that person.
  • Usage data: We collect data about how users interact with our services. This includes data such as access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and third-party sites or services used before interacting with our services. In some cases, we collect this data through cookies, pixels, tags, and similar tracking technologies that create and maintain unique identifiers. To learn more about these technologies, please see our Cookie Notice. 
  • Device data: We may collect data about the devices used to access our services, including the hardware models, device IP address, operating systems and versions, software, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion data, and mobile network data.
  • Communications data: We enable users to communicate with each other and SPARK through SPARK’s mobile apps and websites. For example, we enable drivers and riders, and restaurants or delivery partners and delivery recipients, to call, text, or send other files to each other (generally without disclosing their telephone numbers to each other). To provide this service, SPARK receives some data regarding the calls, texts, or other communications, including the date and time of the communications and the content of the communications. SPARK may also use this data for customer support services (including to resolve disputes between users), for safety and security purposes, to improve our products and services, and for analytics.

3. Data from other sources which includes

  • User feedback, such as ratings, feedback, or compliments.
  • Users participating in our referral programs. For example, when a user refers another person, we receive the referred person’s personal data from that user.
  • SPARK account owners who request services for or on behalf of other users, or who enable such users to request or receive services through their accounts. This includes owners of SPARK for Business accounts.
  • Users or others providing information in connection with claims or disputes.
  • SPARK business partners through which users create or access their SPARK account, such as payment providers, social media services, or apps or websites that use SPARK’s APIs or whose APIs SPARK uses. 
  • Vendors who help us verify users’ identity, background information, and eligibility to work, for regulatory, safety, and security purposes. 
  • Insurance, vehicle, or financial services providers for drivers and/or delivery partners.
  • Partner transportation companies (for drivers or delivery partners who use our services through an account associated with such a company).
  • Publicly available sources. 
  • Marketing service providers.

SPARK may combine the data collected from these sources with other data in its possession.

b. How we use personal data

SPARK collects and uses data to enable reliable and convenient transportation, delivery, and other products and services. We also use the data we collect: 

  • To enhance the safety and security of our users and services 
  • For customer support 
  • For research and development 
  • To enable communications between users 
  • To send marketing and non-marketing communications to users 
  • In connection with legal proceedings 

SPARK does not sell or share user personal data with third parties for their direct marketing, except with users’ consent. 

SPARK uses the data it collects for purposes including: 

1- Providing services and features. SPARK uses the data we collect to provide, personalize, maintain, and improve our products and services.

This includes using the data to:

  • Create and update users’ accounts.
  • Verify drivers’ and delivery partners’ identity, background history, and eligibility to work.
  • Enable transportation, deliveries, and other services.
  • Offer, process, or facilitate payments for our services.
  • Offer, obtain, provide, or facilitate insurance, vehicle, invoicing, or financing solutions in connection with our services.
  • Track and share the progress of rides or deliveries. 
  • Enable features that allow users to share information with other people, such as when riders submit a compliment about a driver, when delivery recipients provide feedback for a restaurant, grocery shop, or delivery partner, refer a friend to SPARK.
  • Enable features to personalize users’ SPARK accounts, such as creating bookmarks for favorite places, and to enable quick access to previous destinations. We may, for example, present an s-food user with personalized restaurant or food recommendations based on their prior orders. Please see the section of this notice titled “Choice and transparency” to learn how to object to this use of personal data.
  • Enable Accessibility features that make it easier for users with special needs to use our services, such as those that enable deaf or hard-of-hearing drivers to alert their riders of their disabilities, allow only text messages from riders, and enable receipt of flashing trip request notifications instead of sound notifications on their mobile device.
  • Perform internal operations necessary to provide our services, including to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends.

2- Safety and security. We use personal data to help maintain the safety, security, and integrity of our services and users. This includes:

  • Screening riders, drivers, and delivery partners before enabling their use of our services and at subsequent intervals, including through reviews of background checks, where permitted by law, to help prevent use of our services by unsafe drivers and/or riders.
  • Using data from drivers’ or delivery partners’ devices to help identify unsafe driving behavior such as speeding or harsh braking and acceleration, and to inform them of safer driving practices. We also use data from delivery partners’ devices to verify the type of vehicles that were used to provide deliveries.
  • In certain regions, using information derived from driver’s license photos, and other photos submitted to SPARK, for safety and security purposes. This includes SPARK’s Real-Time ID Check feature, which prompts drivers and delivery partners to share a selfie before going online to help ensure that the driver or delivery partner using the app matches the SPARK account we have on file. This also includes comparing photographs that we have on file against photographs (i) of other users to prevent identity-borrowing, and (ii) from public databases to verify user identity.
  • Using device, location, profile, usage, and other data to prevent, detect, and combat fraud or unsafe activities. 
  • Using user ratings and feedback to encourage compliance with our Community Guidelines and as grounds for deactivating drivers and delivery partners with low ratings or who otherwise violated such guidelines in certain regions.

3- Customer support. SPARK uses the information we collect (including recordings of customer support calls with notice to and the consent of the user) to provide customer support, including to: 

  • Direct questions to the appropriate customer support person 
  • Investigate and address user concerns
  • Monitor and improve our customer support responses and processes

4- Research and development. We may use the data we collect for testing, research, analysis, product development, and machine learning to improve the user experience. This helps us to improve and enhance the safety and security of our services, improve our ability to prevent the use of our services for illegal or improper purposes, develop new features and products, and facilitate insurance and finance solutions in connection with our services.

5- Enabling communications between users. For example, a driver may message or call a rider to confirm a pickup location, a rider may contact a driver to retrieve a lost item, or a restaurant or delivery partner may call a delivery recipient with information about their order.

6- Marketing. SPARK may use the data we collect to market our services to our users. This includes sending users communications about SPARK services, features, promotions, studies, surveys, news, updates, alerts, and events. 

We may also send communications to our users about products and services offered by SPARK partners. For example, if a user has placed an S-food order, we may provide recommendations, promotions, or ads about similar food offered by other SPARK partners. Although we may send users communications about SPARK partners’ products and services, we do not sell users’ personal data to, or share it with, such partners or others for purposes of their own direct marketing or advertising, except with users’ consent.

We may use the data we collect to personalize the marketing communications (including advertisements) that we send, including based on user location, past use of SPARK’s services, and user preferences and settings.

We may also send users communications regarding elections, ballots, bulletins, and other political and notice processes that relate to our services. For example, SPARK has notified some users by email of ballot measures or pending legislation relating to the availability of SPARK’s services in those users’ areas.

7- Non-marketing communications. SPARK may use the data we collect to generate and provide users with receipts; inform them of changes to our terms, services, or policies; or send other communications that aren’t for the purpose of marketing the services or products of SPARK or its partners. 

8- Legal proceedings and requirements. We may use the personal data we collect to investigate or address claims or disputes relating to use of SPARK’s services, or as otherwise allowed by applicable law, or as requested by regulators, government entities, and official inquiries.

9- Automated decision-making

We use personal data to make automated decisions relating to use of our services. This includes:

  • Enabling dynamic pricing, in which the price of a ride, or the delivery fee for SPARK S-food orders, is determined based on constantly varying factors such as the estimated time and distance, the predicted route, estimated traffic, and the number of riders and drivers using SPARK at a given moment.
  • Matching available drivers and delivery partners to users requesting services. Users can be matched based on availability, proximity, and other factors. Please see here for further information about our matching process.
  • Determining driver and delivery partner ratings, and deactivating drivers, riders, and delivery partners with low ratings. For more information about how ratings are determined and used, please see here for rider ratings, here for driver ratings, and here for delivery partner ratings. Please also see the section below titled “Ratings look-up” for further information.
  • Deactivating users who are identified as having engaged in fraud or activities that may otherwise harm SPARK, its users, and others. In some cases, such as when a user is determined to be abusing SPARK’s referral program, such behaviour may result in automatic deactivation.
  • Using driver location information, and communications between riders and drivers, to identify cancellation fees earned or induced through fraud. For example, if we determine by using such information that a driver is delaying a rider pickup in order to induce a cancellation, we will not charge the rider a cancellation fee and will adjust the amounts paid to the driver to omit such a fee. To object to such adjustment, please contact SPARK customer support.

Click the links in this section for more information about these processes. To object to a deactivation resulting from these processes, please contact SPARK customer support.

c. Cookies and third-party technologies

SPARK and its partners use cookies and other identification technologies on our apps, websites, emails, and online ads for purposes described in this notice.

Cookies are small text files that are stored on browsers or devices by websites, apps, online media, and advertisements. SPARK uses cookies and similar technologies for purposes such as:

  • Authenticating users
  • Remembering user preferences and settings
  • Determining the popularity of content
  • Delivering and measuring the effectiveness of advertising campaigns
  • Analyzing site traffic and trends, and generally understanding the online behaviours and interests of people who interact with our services

We may also allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs, and other technologies to identify the devices used by visitors to our websites, as well as when they visit other online sites and services. 

Please see our Cookie Notice for more information regarding the use of cookies and other technologies described in this section.

D. Data sharing and disclosure

Some of SPARK’s products, services, and features require that we share data with other users or at a user’s request. We may also share data with our affiliates, subsidiaries, and partners, for legal reasons or in connection with claims or disputes.

SPARK may share the data we collect:

1. With other users

This includes sharing: 

  • Riders’ first name, rating, and pickup and/or drop off locations with drivers.
  • Riders’ first name with other riders in a carpool trip. Riders in carpool trips may also see the drop off location of the other riders.
  • Delivery recipients’ first name, delivery address, and order information with their delivery partner and restaurant. We may also share ratings and feedback, or other information to the extent required by law, with the restaurant or purchase shop partner and delivery partner. 
  • For drivers and delivery partners, we may share data with the rider(s), delivery recipient(s), and restaurant purchase shop partner(s), including name and photo; vehicle make, model, color, license plate, and vehicle photo; location (before and during trip); average rating provided by users; total number of trips; length of use of the SPARK app; contact information (depending upon applicable laws); and driver or delivery partner profile, including compliments and other feedback submitted by past users. We also provide riders and delivery recipients with receipts containing information such as a breakdown of amounts charged, driver or delivery partner first name, photo, route map, and such other information required on invoices in the region where the driver or delivery partner operates.
  • For those who participate in SPARK’s referral program, we share certain personal data of referred users, such as trip count, with the user who referred them, to the extent relevant to determining the referral bonus.

2. At the user’s request

This includes sharing data with:

  • Other people at the user’s request. For example, we can share a user’s ETA and location with a friend when requested by that user, or a user’s trip information when they split a fare with a friend.
  • SPARK business partners. For example, if a user requests a service through a partnership or promotional offering made by a third party, SPARK may share certain data with those third parties. This may include, for example, other services, platforms, apps or websites that integrate with our APIs; vehicle suppliers or services; those with an API or service with which we integrate; or restaurant partners or other SPARK business partners and their users in connection with promotions, contests, or specialized services.

3. With the general public

Questions or comments from users submitted through public forums such as SPARK blogs and SPARK social media pages may be viewable by the public, including any personal data included in the questions or comments submitted by a user. 

4. With the SPARK account owner

If a user requests transportation, or places an order using an account owned by another party, we may share their order or trip information, including real-time location data, with the owner of that account. This occurs, for example, when:

  • A rider uses their employer’s SPARK for Business profile, such as when they take trips arranged through SPARK Central
  • A driver or delivery partner uses an account owned by or associated with an SPARK partner transportation company or restaurant
  • A rider takes a trip arranged by a friend

5. With SPARK subsidiaries and affiliates

We share data with our subsidiaries and affiliates to help us provide our services or conduct data processing on our behalf. For example, SPARK processes and stores data in its central servers.

6. With SPARK service providers and business partners

SPARK provides data to vendors, consultants, marketing partners, research firms, and other service providers or business partners. These include:

  • Payment processors and facilitators
  • Background check and identity verification providers (drivers and delivery partners only)
  • Cloud storage providers
  • Marketing partners and marketing platform providers, including social media advertising services
  • Data analytics providers
  • Research partners, including those performing surveys or research projects in partnership with SPARK or on SPARK’s behalf
  • Vendors that assist SPARK to enhance the safety and security of its apps
  • Consultants, lawyers, accountants, and other professional service providers
  • Fleet partners
  • Insurance and financing partners
  • Airports
  • Limo and other local providers
  • Restaurant partners and/or their point of sale providers
  • Vehicle solution vendors or third-party vehicle suppliers 

7. For legal reasons or in the event of a dispute

SPARK may share users’ personal data if we believe it’s required by applicable law, regulation, operating license or agreement, legal process or governmental request, or where the disclosure is otherwise appropriate due to safety or similar concerns. This includes sharing personal data with law enforcement officials, public health officials, other government authorities, airports (if required by the airport authorities as a condition of operating on airport property), or other third parties as necessary to enforce our Terms of Service, user agreements, or other policies; to protect SPARK’s rights or property or the rights, safety, or property of others; or in the event of a claim or dispute relating to the use of our services. If you use another person’s credit card, we may be required by law to share your personal data, including trip or order information, with the owner of that credit card.

Please see SPARK’s Guidelines for Law Enforcement Authorities for more information.

This also includes sharing personal data with others in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company.

8. With consent

SPARK may share a user’s personal data other than as described in this notice if we notify the user and they consent to the sharing.

E. Data retention and deletion

SPARK retains user profile, transaction, and other personal data for as long as a user maintains their SPARK account.

SPARK may retain certain user data after receiving an account deletion request if necessary, such as to comply with legal requirements.

SPARK retains user profile, transaction, and other information for as long as a user maintains their SPARK account. For drivers and delivery partners, SPARK also retains vehicle and background check information (to the extent permitted by law) for as long as they maintain their SPARK account.

Riders and delivery recipients may request deletion of their account at any time through the Settings > Privacy menus in the SPARK app, or through SPARK’s Help Center. Following such requests, SPARK deletes the data that it is not required to retain for purposes of regulatory, tax, insurance, litigation, or other legal requirements. For example, SPARK retains location, device, and usage data for these purposes for a minimum of 7 years; while it retains such data, it may also use it for purposes of safety, security, fraud prevention and detection, and research and development. In certain circumstances, SPARK may be unable to delete a user’s account, such as if there’s an outstanding credit on the account or an unresolved claim or dispute. Upon resolution of the issue preventing deletion, SPARK will delete the account as described above.

SPARK may also retain certain information if necessary for purposes of safety, security, and fraud prevention. For example, if SPARK deactivates a user’s account because of unsafe behaviour or security incidents, SPARK may retain certain information about that account to prevent that user from opening a new SPARK account in the future.

f. Grounds for processing

We only collect and use personal data where we have lawful grounds to do so. These include processing user personal data to provide requested services and features, for purposes of SPARK’s legitimate interests or those of other parties, to fulfill our legal obligations, or based on consent.

We collect and use personal data only where we have one or more lawful grounds for doing so. Such grounds may vary depending on where our users are located, but generally include processing personal data: 

a. To provide requested services and features

In order to provide our services, we must collect and use certain personal data. This includes: 

  • User profile data, which we use to establish and maintain user accounts; verify user identity; communicate with users about their trips, orders, and accounts; and enable users to make payments or receive earnings 
  • Background trip information, which is used to verify an applicant’s eligibility to be a driver or delivery partner
  • Driver and delivery partner location data, which we use to track trips and assist with navigation
  • Usage data, which is necessary to maintain, optimize, and enhance SPARK’s services, including to determine incentives, connect riders and drivers, and calculate costs of trips and driver earnings
  • Transaction information
  • Information relating to customer support 

b. For purposes of the legitimate interests of SPARK or other parties

This includes using personal data to maintain and enhance our users’ safety and security. For example, we use personal data to prevent use of our services by users who have engaged in inappropriate or dangerous behavior, such as by retaining data of banned users to prevent their use of SPARK’s apps. We also use usage data to prevent matching of riders and drivers for whom there is higher risk of conflict (for instance, because they have been the subject of prior complaints from other users). 

This also includes purposes such as combating fraud; improving service, direct marketing, research and development; and enforcing SPARK’s Terms of Service.

In addition, it includes using personal data to the extent necessary for the interests of other people or the general public, such as in connection with legal or insurance claims, and to protect the rights and safety of others.

c. To fulfill SPARK’s legal obligations

For example, SPARK is subject to laws and regulations in many cities and regions that require it to collect and retain data about our users’ trips, and to provide copies of such data to the government or other authorities. We collect and use personal data to comply with such laws. 

SPARK may also share data with law enforcement regarding criminal acts or threats to public safety, or requests by third parties pursuant to legal processes. For more information about such sharing, please see SPARK’s Guidelines for Law Enforcement Authorities – Ontario - Canada, and Guidelines for Third Party Data Requests and Service of Legal Documents.

d. With consent

SPARK may collect and use personal data based on the user’s consent. For example, we may collect personal data through voluntary surveys. Responses to such surveys are collected on the basis of consent and will be deleted once no longer necessary for the purposes collected. 

A user who has provided consent to a collection or use of their personal data can revoke it at any time. However, the user will not be able to use any service or feature that requires collection or use of that personal data.

Privacy Policy (tb-continued)
5. Choice and transparency

SPARK enables users to access and control the data that SPARK collects, including through:

  • In-app settings
  • Device permissions
  • In-app ratings pages
  • Marketing opt-outs

SPARK also enables users to request access to or copies of their data, changes or updates to their accounts, deletion of their accounts, or that SPARK restrict its processing of user personal data.

A. privacy settings

Settings menus in the SPARK app for riders give them the ability to set or update their location-sharing preferences and their preferences for receiving mobile notifications from SPARK. Information about these settings, how to set or change these settings, and the effect of turning off these settings is described below. 

  • Location data

SPARK uses riders’ device location services to make it easier to get a ride whenever they need one. Location data helps improve our services, including pickup, navigation, and customer support. 

Riders may enable or disallow SPARK to collect location data from their mobile devices through the Settings > Privacy menus in the SPARK app. Riders and delivery recipients can enable or disallow such collections through the settings on their mobile device. 

  • Share Live Location (riders)

Riders who have enabled SPARK to collect location data from their mobile device may also enable SPARK to share their location with their driver from the time the ride is requested to the start of the trip. This can help improve pickups for both drivers and riders, particularly in crowded areas.

Riders may enable or disable this feature through the Settings > Privacy menus in the SPARK app.

  • Emergency Data Sharing (riders)

Riders who have enabled SPARK to collect location data from their mobile device may also enable the Emergency Data Sharing feature that shares data with emergency police, fire, and ambulance services. Such data includes approximate location at the time the emergency call was placed; the car’s make, model, color, and license plate information; the rider’s name and phone number; pickup and drop-off locations; and the driver’s name.

Riders may enable or disable this feature through the Settings > Privacy menus or the Safety Center in the SPARK app.

  • Notifications: account and trip updates

SPARK provides users with trip status notifications and updates related to activity on their account. These notifications are a necessary part of using the SPARK app and cannot be disabled. However, users may choose the method by which they receive these notifications through the Settings > Privacy menus in the SPARK app.

  • Notifications: discounts and news

Users may enable SPARK to send push notifications about discounts and news from SPARK. Push notifications may be enabled or disabled through the Settings > Privacy menus in the SPARK app.

  • Communications from restaurant partners

Delivery recipients who have opted into communications from restaurant partners may stop sharing their data with each restaurant partner in their S-food account settings. 

  • Communications from grocery shop partners

Delivery recipients who have opted in to communications from purchase shop partners may stop sharing their data with each purchase shop partner in their S-purchase account settings. 

B. device permissions

Most mobile device platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without the device owner’s permission, and these platforms have different methods for how that permission can be obtained. iOS devices notify users the first time the SPARK app requests permission to access certain types of data and gives users the option to grant or refuse permission. Android devices notify users of the permissions that the SPARK app seeks before their first use of the app, and use of the app constitutes a granting of such permission.

C. ratings look-up

After every trip, drivers and riders are able to rate each other on a scale from 1 to 5. An average of those ratings is associated with a user’s account and is displayed to other users for whom they provide or receive services. For example, rider ratings are available to drivers from whom they request transportation, and driver ratings are available to their riders. 

This 2-way system holds everyone accountable for their behaviour. Accountability helps create a respectful, safe environment for drivers and riders. Riders can see their average rating in the main menu of the SPARK app. Drivers can see their average rating after tapping their profile photo in the SPARK Driver app.

Delivery partners are also rated by delivery recipients and restaurant partners. Click here for more information.

D. marketing opt-outs

Users may opt out of receiving promotional emails from SPARK here. Users may also opt out of receiving emails and other messages from SPARK by following the unsubscribe instructions in those messages. We may still send users who have opted out non-promotional communications, such as receipts for rides or information about their account.

E. user data requests

SPARK provides users with a variety of ways to learn about, control, and submit questions and comments about SPARK’s handling of their data. To make a request, please go here.

  • Accessing data: Users can ask for an explanation of the data we collect from them and how we use it. 
  • Receiving data: Users can ask for a copy of data that SPARK collects from them with their consent or as necessary to provide our services.
  • Changing or updating data: Users can edit the name, phone number, email address, payment method, and photo associated with their account through the Settings menu in SPARK’s apps or driver portal. They may also ask that SPARK change or update their data, including if they believe such data is inaccurate or incomplete. 
  • Deleting data: Users may request deletion of their account at any time through the Settings > Privacy menus in the SPARK app, or through SPARK’s website (riders and delivery recipients here; drivers and delivery partners here).
  • Objections, restrictions, and complaints: Users may request that we stop using all or some of their personal data, or that we limit our use of their data. SPARK may continue to process data after such objection or request to the extent required or permitted by law. 

In addition, depending on their location, users may have the right to file a complaint relating to SPARK’s handling of their personal data with the data protection authority in their region.

6. Updates to this notice

We may occasionally update this notice. Use of our services after an update constitutes consent to the updated notice to the extent permitted by law.

We may occasionally update this notice. If we make significant changes, we will notify users in advance of the changes through the SPARK apps or through other means, such as email. We encourage users to periodically review this notice for the latest information on our privacy practices. After such notice, use of our services by will be understood as consent to the updates to the extent permitted by law.

legal

Effective: September 2, 2020

1. contractual relationship

These Terms of Use ("Terms") govern your access or use within Ontario, Canada and it's specific jurisdictions, of the applications, websites, content, products, and services (the "Services," as more fully defined below in Section 3) made available to said regions by SPARK its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, "SPARK"). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND SPARK. In these Terms, the words "including" and "include" mean "including, but not limited to."

By accessing or using the Services, you agree and confirm to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly replace prior agreements or arrangements with you. SPARK may immediately terminate these Terms or any Services with respect to you, or generally cease provision or deny access to the Services or any portion thereof, at any time for any reason.

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH "SPARK" ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

Additional terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate region-specific disclosures (e.g., a particular city web page on SPARKApps.com) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

SPARK may amend the Terms from time to time. Amendments will be effective upon SPARK's posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If SPARK changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing SPARK written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, SPARK (the name and current contact information is available online), or (b) by email from the email address associated with your Account to: info@sparkapps.ca

In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).

SPARK's collection and use of personal information in connection with the Services is described in SPARK's Privacy Statements located at https://www.sparkapps.ca/policies.php.

2. arbitration agreement

By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against SPARK on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against SPARK, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against SPARK by someone else.

Agreement to Binding Arbitration Between You and SpARK.

You and SPARK agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and SPARK, and not in a court of law. Notwithstanding the foregoing, where you allege claims of sexual assault or sexual harassment occurring in connection with your use of the Services, you may elect to bring those claims in a court of competent jurisdiction instead of arbitration. SPARK agrees to honor your election of forum with respect to your individual sexual assault or sexual harassment claim but in so doing does not waive the enforceability of this Arbitration Agreement as to any other provision (including, but not limited to, the waivers provided in the following paragraph, which will continue to apply in court and arbitration), controversy, claim or dispute.

You acknowledge and agree that you and SPARK are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and SPARK otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and SPARK each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

Rules and Governing Law.

The arbitration will be administered by The CAA in accordance with the CAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes.

The parties agree that the arbitrator ("Arbitrator"), and not any provincial, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Process.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the CAA Rules. (The CAA provides a form Demand for Arbitration - Consumer Arbitration Rules at https://canadianarbitrationassociation.ca/?page_id=17 or by calling the ADR Institute of Canada, Inc. at TF: 1-800-856-5154). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the province of Ontario and will be selected by the parties from the CAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the CAA will appoint the Arbitrator in accordance with the CAA Rules.

Location and Procedure.

Unless you and SPARK otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and SPARK submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the CAA Rules. Subject to the CAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator's Decision.

The Arbitrator will render an award within the time frame specified in the CAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. SPARK will not seek, and hereby waives all rights SPARK may have under applicable law to recover attorneys' fees and expenses if SPARK prevails in arbitration.

Fees.

Your responsibility to pay any ADRIC filing, administrative and arbitrator fees will be solely as set forth in the ADRIC Rules. However, if your claim for cargo damages exclusive of property or personal injury does not exceed $50,000, SPARK will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Rules of Civil Procedure).

Changes.

Notwithstanding the provisions in Section I above, regarding consent to be bound by amendments to these Terms, if SPARK changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing SPARK written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o SPARK ltd (the name and current contact information for the registered agent in each state are available online here), or (b) by email from the email address associated with your Account to: change-dr@SPARK.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and SPARK in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).

Severability and Survival.

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

3. the services

The Services comprise mobile applications and related services (each, an "Application"), which enable users to arrange and schedule transportation, logistics and/or delivery services and/or to purchase certain goods, including with third party providers of such services and goods under agreement with SPARK or certain of SPARK's affiliates ("Third Party Providers"). In certain instances the Services may also include an option to receive transportation, logistics and/or delivery services for an upfront price, subject to acceptance by the respective Third Party Providers. Unless otherwise agreed by SPARK in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN TRANSPORTATION, LOGISTICS AND/OR DELIVERY SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH SPARK AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER.

License.

Subject to your compliance with these Terms, SPARK grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by SPARK and SPARK's licensors.

Restrictions.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by SPARK; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Provision of the Services.

You acknowledge that portions of the Services may be made available under SPARK's various brands or request options associated with transportation or logistics, including the transportation request brands currently referred to as "SPARK", "S-ride", "S-food", "S-purchase", "S-deliver" and the logistics request products currently referred to as S-ride", "S-food", "S-purchase", "S-delivery", You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of SPARK's subsidiaries and affiliates; or (ii) independent Third Party Providers, including Transportation Network Company drivers, Transportation Charter Permit holders or holders of similar transportation permits, authorizations or licenses.

Third Party Services and Content.

The Services may be made available or accessed in connection with third party services and content (including advertising) that SPARK does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. SPARK does not endorse such third party services and content and in no event shall SPARK be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.

Ownership.

The Services and all rights therein are and shall remain SPARK's property or the property of SPARK's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner SPARK's company names, logos, product and service names, trademarks or services marks or those of SPARK's licensors.

4. access and use of the services

User Accounts.

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to SPARK certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by SPARK. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by SPARK in writing, you may only possess one Account.

User Requirements and Conduct.

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.

Text Messaging and Telephone Calls.

You agree that SPARK may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with a SPARK account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from SPARK at any time, either by texting the word "STOP" in reply to the message using the mobile device that is receiving the messages, or by contacting SPARKApps.com. If you do not choose to opt out, SPARK may contact you as outlined in its User Privacy Statement, located at https://www.sparkapps.ca/policies.php.

User Provided Content.

SPARK may, in SPARK's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to SPARK through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to SPARK, you grant SPARK a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and SPARK's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant SPARK the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor SPARK's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by SPARK in its sole discretion, whether or not such material may be protected by law. SPARK may, but shall not be obligated to, review, monitor, or remove User Content, at SPARK's sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. SPARK does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

5. payment

You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). SPARK will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, airport surcharges or processing fees for split payments.

All Charges and payments will be enabled by SPARK using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that SPARK may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by SPARK.

As between you and SPARK, SPARK reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in SPARK's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. SPARK will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. SPARK may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Third Party Provider’s behalf. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. SPARK may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Party Providers or other third parties.

In certain cases, with respect to Third Party Providers, Charges you incur will be owed directly to Third Party Providers, and SPARK will collect payment of those charges from you, on the Third Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third Party Provider. In such cases, you retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods, and Charges you incur will be owed to the Third Party Provider. SPARK will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. This payment structure is intended to fully compensate a Third Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services. In all other cases, Charges you incur will be owed and paid directly to SPARK or its affiliates, where SPARK is solely liable for any obligations to Third Party Providers. In such cases, you retain the right to request lower Charges from SPARK for services or goods received by you from a Third Party Provider at the time you receive such services or goods, and SPARK will respond accordingly to any request from you to modify the Charges for a particular service or good. Except with respect to S-ride transportation services requested through the Application, SPARK does not designate any portion of your payment as a tip or gratuity to a Third Party Provider. Any representation by SPARK (on SPARK's website, in the Application, or in SPARK's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that SPARK provides any additional amounts, beyond those described above, to a Third Party Provider you may use. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.

Repair, Cleaning or Lost and Found Fees.

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, vehicles and property resulting from use of the Services under your Account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that a Repair or Cleaning request is verified by SPARK in SPARK's reasonable discretion, SPARK reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. Such amounts, as well as those pertaining to lost and found goods, will be transferred by SPARK to a Third Party Provider, if applicable, and are non-refundable.

6. disclaimers; limitation of liability; indemnity.

DISCLAIMER.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." SPARK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SPARK MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SPARK DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY.

SPARK SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF SPARK, EVEN IF SPARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SPARK SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF SPARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SPARK SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SPARK'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST PRODUCTS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.

THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT SPARK HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, SPARK’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON SPARK’S CHOICE OF LAW PROVISION SET FORTH BELOW.

Indemnity.

You agree to indemnify and hold SPARK and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) SPARK's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

7. other provisions

Choice of Law.

These Terms are governed by and construed in accordance with the laws of the province of Ontario, Canada without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-resident to assert claims under Ontario law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in Section 2 of these Terms, are only intended to specify the use of Ontario law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending Ontario law to you if you do not otherwise reside in the province of Ontario. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 2 or to any arbitrable disputes as defined therein. Instead, as described in Section 2, the Federal Arbitration Act shall apply to any such disputes.

Claims of Copyright Infringement.

Claims of copyright infringement should be sent to SPARK's designated agent at Checkeredfield Consulting & Management Inc. PO BOX1, Markdale, ON N0C 1H0.

SPARK may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to SPARK, with such notice deemed given when received by SPARK, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o SPARK department, Sociant Holdings Inc. PO BOX1, Markdale, ON N0C 1H0.

You may not assign these Terms without SPARK's prior written approval. SPARK may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of SPARK's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, SPARK or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. SPARK's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SPARK in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.

8. COVID 19 and pandemic related

Our service providers are obligated to follow all health and safety standards set out by the Ontario ministry of health against the Corona-virus.

When you use S-ride you will sit in the disinfected back seat area of a car that is separated from the front where the driver sits with a Plexiglas shield. You can still have your own alcohol tissue wipes to clean the handles for your own peace of mind.

When you order food which are prepared and packed in the restaurant, the S-delivery agent will pick the package up using gloves and a mask and the parcel placed in the trunk while the delivery agent is driving to you. They will use gloves and mask whenever handling the parcel. Same process applies to other shopping items or other delivery items.

As our subscriber and user you agree to indemnify and hold SPARK and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of, or in connection with: Corona-virus or any other pandemic health issue because of use of the Services or services or goods obtained through your use of the SPARK Services.

safety

our drivers are background checked

SPARK's drivers go through a multi‑step safety screening which includes check for clean driving record, a background check, and other filtering steps. After they become drivers, this safety screening gets reassessed every year.

emergency help

In an emergency situation time is everything. When you call 911 from the SPARK app, the app shows your live location and your ride details, so you can share them with the emergency dispatcher.

auto insurance protection

As a driver or delivery agent you need to have your own full auto insurance for your own car and the other party coverage which you can extend through your own insurance company for rideshare purposes. SPARK has business insurance which cover incidents to parcels or properties which help to protect drivers and delivery agents in those cases.

our support

SPARK support is available 24/7, and is handled by a team of trained professional safety agents. In case you’re in emergency situations, you should always contact 911 before anything. learn how to reach us ...

your personal information is private

SPARK technology is focused to keep your phone number private, so neither drivers nor riders will see each other’s numbers when communicating through the SPARK app. Once a ride is completed, the app also protects rider information by concealing specific pickup and drop-off addresses in a driver’s ride history.

our app family

SPARK (users app)
iOS:
Android:

SPARK driver (drivers app)
iOS:
Android:

SPARK Shop/Restaurant Admin App
(desktop web application)

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