This Policy is provided in a layered format so you can click through to the specific areas set out below.
9. CONTACT US
This Policy is issued on behalf of the Zoosk, Inc. and any parent or subsidiary entities (the “Zoosk Group”) so when we mention ”Zoosk”, “we”, “us” or “our” in this Policy, we are referring to the relevant company in the Zoosk Group responsible for processing your data.
Zoosk, Inc. is the controller and primarily responsible for the Services.
We have appointed a Data Protection Officer (“DPO”) who is responsible for overseeing questions in relation to this Policy. If you have any questions about this Policy, including any requests to exercise your legal rights, please contact the DPO using the details set out in the Contact Us section below.
We restrict the use of our Services to individuals age 18 and above. We do not intentionally collect or maintain personal data from children under the age of 16. If you become aware that personal data about a person under 16 has been provided to us, please immediately contact us using the details below.
The Services may include content or links from third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
Personal data means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
a. Information You Provide. When you register, use or subscribe to any of our Services or take part in any interactive features of the Services (such as any contests, games, promotions, quizzes, surveys, research or other services or features), we may collect a variety of information, including:
|• Contact Information such as your name, email address, phone number, and address (“Contact Information”); and • Sensitive Information such as race, ethnicity, sexual preferences and experiences, political affiliation, religious affiliation, union memberships, or any biometric information you provide through the use of our Services (your “Sensitive Personal Data”). • Other Information such as birth date, videos, password, billing information, credit card information, demographic information, place of work or education, your personal interests and background, gender, age, dating age range preference, physical characteristics, personal description, life experiences, geographic location, your photos and any information derived from them, and any other information you share with the Services. We may collect billing or payments information if you engage with a paid Service.|
b. Information About How You Use the Services. We may collect information about your participation and actions on the Services. This may include information such as the pages and profiles you view, how you browse the Services, dating insights your Zoosk coin balance and purchases you make through the Services such as boosts and gifts. It can also include the various functions and features that you use, the connections you make, other friends or contacts you invite to the Services and profile searches you perform, or your use of our applications.
d. Information Automatically Collected. When you access our Services, we and our third party partners automatically record information from your device and its software, such as your IP address, browser type, Internet service provider, platform type, the site from which you came and the site to which you are going when you leave our website, date and time stamp and one or more cookies that may uniquely identify your browser or your account. When you access our Services using a mobile device, we may also receive or collect identification numbers associated with your device (such as a unique device ID, IDFA, Google AdID), device type, model and manufacturer, mobile device operating system brand and model, mobile carrier, phone number, email address, and other apps that you have downloaded. We also collect information about your usage of, and activity on, our Services, including internet navigation details (for example, how your mouse moves on a screen which tells us if you’re a bot or real person).
f. Your Communications with Us and Other Users. We collect communications you send to us (such as emails), comments that you post on the pages we have on a third-party service, such as our Instagram, Twitter, Facebook, Pinterest, Tumblr, and Youtube pages and messages that you send us directly through those services. We may also collect and analyse any comments, photos, messages or other content or communications you and other users share on the Services or send to each other.
g. Third-Party Social Networking Sites. When you have enabled the use of our Services through a third-party social networking site or mobile or other application such as Facebook, Google+ or Twitter (a “Social Networking Site”) or connect or link our Services to a Social Networking Site, you permit Zoosk to access and use certain information about you that is made available to Zoosk through or from that Social Networking Site. The information obtained by Zoosk varies by Social Networking Site and may be affected by the permission and privacy settings you establish at that Social Networking Site, but can include information such as your name, profile picture, public Facebook profile, network, gender, username, user ID, age range or birthday, place of work, relationship interests, language, location, country, interests, photos, photos you are tagged in, videos, contacts list, friends lists or followers and other information such as information about Facebook friends you might share in common with other members of the Services. By using or linking our Services through or with a Social Networking Site, you are authorizing Zoosk to collect, store, retain and use, in accordance with this Policy, any and all of your information that Zoosk has obtained from the Social Networking Site, including to create a Zoosk profile page and account for you. Depending on the Social Networking Site and your privacy settings, Zoosk may also post information to your Social Networking Site. Your agreement to the foregoing takes place when you “accept” or “allow” or “go to” (or other similar terms, such as tapping “Okay”) our application from a Social Networking Site, go to a Social Networking Site from the Services, when you sign up or login to the Services through a Social Networking Site (such as by tapping “Sign up with Facebook” or “Log in with Facebook” on the Services), when you otherwise connect or link your Social Networking Site to our Services, or the transfer of information to Zoosk from such site. If there is information about your “friends” or people you are associated with in your Social Networking Site account, the information we obtain about those persons may also depend on the privacy settings such people have with the applicable Social Networking Site. You acknowledge and agree that Zoosk is not responsible for, and has no control over, any applicable privacy settings on any Social Networking Sites (including any settings related to any messages or advertisements about Zoosk that the Social Networking Site may send to you or your friends). You should always review, and if necessary, adjust your privacy settings on Social Networking Sites before getting or using applications such as ours or linking or connecting your Social Networking Site account to the Services.
h. Location Data. We do not currently collect and store your precise geolocation or precise latitude or longitude coordinates for you. Some of the information we collect, for example an IP address, can sometimes be used to approximate a device’s location. In some cases, we assign the latitude and longitude of the centre of a city or state on record for you to your profile as a way to improve our analytics and matches for you.
i. Information Provided by Others. We may be provided with information relating to you or your conduct on the Services by other users of the Services. For example, we will collect your email address if another user tries to refer Zoosk to you. We also collect information that third-party organizations may provide to us, such as contact details, demographic information, credit reference or fraud prevention information. Financial institutions or payment processors may also provide us updated payment information or payment methods related to your paid account or paid subscription and services.
j. Address Book. We may also offer you the ability to import your address book contacts or manually enter email addresses so that you can (i) locate your contacts on the Services or other products or services offered by Zoosk; or (ii) invite your contacts to join you on the Services or other products or services offered by Zoosk. We will store those contacts for purposes of alerting you when your contacts join the Services or other products or services offered by Zoosk at a later time, so that you may connect with them on Zoosk, and to suggest friends and connections to other members of the Services or other products or services offered by Zoosk.
We also collect, use and share aggregated and/or anonymous data (“Aggregated Data”) for any purpose. Examples include aggregated statistical or demographic data or data provided in hashed, non-human readable form. For example, we may aggregate your usage data on how you use the Services (“Usage Data”) to calculate the percentage of users accessing a specific website feature. Aggregated Data may be derived from your personal data but does not directly or indirectly identify you and therefore does not amount to personal data.
If you login to your account with Zoosk using multiple devices (for instance, your phone and laptop), we will link your devices to your account. This allows us to provide a seamless user experience to you. We also work with third parties to employ technologies, including the application of statistical modelling tools, which attempt to recognize you across multiple devices so that we understand how you use our Service across various devices, to ensure the safety and security of your data and the Zoosk Services, to show you targeted advertising (with your consent) tailored to your interests and experience, and to measure the performance of advertising campaigns.
Where you do not provide the personal data detailed in this Policy, we may not be able to provide you with the Services.
Generally, we will use your personal data in the following circumstances:
• Where we need to perform the contract we are about to enter into or have entered into with you for the Services.
• Where you have given consent for us to use your personal data and your sensitive personal data to provide certain Services (you may withdraw your consent for some uses of the data at any time by Contacting Us).
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation.
We have set out in the table below a description of the ways we plan to use your personal data, and which of the legal bases we rely on to do so.
Please Contact us if you need details about the specific legal basis we are relying on to process your personal data where more than one legal basis has been set out in the table below.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To register you as a new member||(a) Profile Data, such as name, age, sexual orientation, marital status, number of children, and location (b) Contact Data such as email address, phone number, or social media user account, as limited by your privacy settings (c) Data from Social Networking Sites (If you use Facebook or Google to log-in to the Zoosk Services), including any interests or other data imported from your Social Networking Sites (d) Technical Data, such as device ID or IP Address, including timestamps||(a) Performance of a contract with you (b) With your consent in the case of sensitive personal data.|
|To provide the Zoosk Services to you, including: (a) Maintaining a profile, answering questions, and providing information about yourself; (b) Analysing your personal data to match you with other users; (c) Allowing you to communicate with other users of Zoosk to make a match; and (d) Enabling you to purchase subscriptions and premium add-ons to enhance your opportunities to make a match with other Zoosk users.||(a) Profile Data, such as name, age, sexual orientation, race, marital status, number of children, and location (b) Contact Data such as email address, phone number, or social media user account (c) Data from Social Networking Sites (If you use Facebook or Google to log-in to the Zoosk Services), including any interests or other data imported from your Social Networking Sites (d) Transaction Data, including, if applicable depending on your payment mechanism, your credit card, expiration date, name, address, transaction ID, timestamps, email address, bank account, and routing number (e) Communications Data, including the content of messages, the name and ID of the recipients of the communications, the timestamp, IP address and/or Device ID of the parties to the messages (f) Photos, including various analytics and scoring results (g) Usage Data (h) Analytics and other scores used to make matches with other Zoosk users (i) Technical Data||(a) Performance of a contract with you (b) With your consent (with regard to your Sensitive Personal Data)|
|To enable you to partake in a prize draw, competition or complete a survey||(a) Profile Data (b) Contact Data (c) Usage Data (d) Any information, content, or submissions required as set forth in the contest rules when published||(a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)|
|To administer and protect our business, the Zoosk Services, this website and your personal data (including security, fraud, troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||(a) Profile Data (b) Contact Data (c) Technical Data (d) Usage Data (e) Communications Data (f) Third Party Data provided to us by trusted partners, including proprietary scores, red flags, demographic information, usage data, and other information used to determine whether a Zoosk account is being used improperly, accessed by an unauthorized third party, or represents a security or fraud risk to the Zoosk community||(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, cybersecurity, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation|
|To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||(a) Device ID (b) IP Address (c) Location (at country, state, city, or postal code level) (d) Gender (e) Age (f) Technical Data such as OS version, hardware type, software type. (g) Cookies, pixels, or advertising tags (h) Usage Data||(a) Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy) (b) With your consent for targeted advertising and profiling to serve more accurate advertising content to you.|
|To use data analytics to improve our website, products/services, marketing, customer relationships and experiences||(a) Profile Data (b) Usage Data (c) Technical Data (d) Communications Data||Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)|
|To respond to requests from law enforcement||(a) Profile Data (b) Transaction Data (c) Usage Data (d) Communications Data (e) Location Data (at country, state, city, or postal code level) (f) Technical Data (g) Any other information we are compelled to provide by law||Necessary to comply with our legal obligations|
Where you have interacted with us, we will send you marketing communications from time to time. Such marketing communications are usually sent by email or text (SMS). If you do not want to receive such marketing communications, you have the opportunity to inform us by selecting certain boxes when we collect your personal data.
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. You may choose to opt out of receiving marketing communications from us at any time by contacting us here. You may also select the “unsubscribe” link in the communication we send to you.
When you receive communications from Zoosk, including marketing communications, we may share your personal data with third party companies who help us conduct marketing activities. For example, we may use a third party to help us send email messages to you and help us understand how you have interacted with that email.
We will generally only use your personal data for the purposes for which we collected it.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Our Services allow you to share information about yourself with other individuals and other companies, including other users and potential users of the Services or other products or services offered by Zoosk and third-party Social Networking Sites. Consider your own privacy and personal safety when sharing your information with anyone, including information you share through your profile, as profiles include basic information that was provided at registration, information provided through a Social Networking Site, and may include other information added by you or your friends (for example, your religion, ethnicity and physical characteristics), as well as information about your use of the Service (for example, whether you were recently logged in to Zoosk). Please review our Online Dating Safety Tips for tips in using our Services.
Information on your profile is viewable by other users or visitors to our Services, and may also be viewable through public search or on third-party sites that you use. We do not control who reads the information you share or what others may do with this information, so we encourage you to use discretion and caution with respect to your personal data. Also, when sharing information about others, please consider their safety and privacy and get their consent for that sharing.
We may share your personal data with the parties set out below for the purposes in the table above.
• With other companies within the Zoosk group of companies (currently Zoosk Ireland Limited and Zoosk UK Limited) in order to provide you with the Services.
• Technology Services Providers, including infrastructure partners (such as AWS), customer support service providers, analytics service providers, cybersecurity partners, anti-fraud analytics companies, payment providers, chargeback representation services and similar partners.
• Advertising networks and technology companies, including Google, Facebook, and Twitter, and companies that measure advertising performance and attribution.
• Third parties, including consultants, who we engage to provide services on our behalf or to jointly provide services to you, including but not limited to contests and sweepstakes, marketing outreach and analytics, customer support, safety checks, and payment services.
• In connection with any company transaction, such as a merger, sale of assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of bankruptcy, dissolution, divestiture or any related or similar proceedings.
Many of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA to a country that is not considered by the European Commission to offer an adequate level of protection for personal data, we do so using the following mechanisms:
• Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe; or
• Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.
At Zoosk, we strongly believe in protecting your privacy. As a result, we have put in place reasonable security measures to help prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. We work hard to ensure that the third parties we do provide access to your personal data to, such as our technology service providers like Amazon Web Services, also have reasonable security measures in place.
No platform, service, or method of electronic transmission or storage is 100% secure. Therefore, we cannot guarantee absolute security. We work hard to keep evolving our security measures to keep up with the bad actors and other threats of the world to help protect your personal data.
We may also share your personal data, including your payment transactions and activities on the Zoosk Services, with third party partners for security and fraud prevention purposes. These partners collect, process and analyse such data for the purpose of helping their customers to identify and prevent fraud.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
We will retain your personal data for as long as necessary to fulfil the purposes we collected and/or processed it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
We also retain backups of the Zoosk Services, including your personal data, on a rolling basis according to our internal data retention, disaster recovery, and business continuity policies. Our backups are stored off-site in the United States and in secure facilities in order to help ensure the protection of your personal data and the Services.
We retain blacklists of fraudulent activity or security threats indefinitely in order to protect the security of the Zoosk Services and your personal data. We share these blacklists with third party service providers in order to continue to improve the security of our Services and your personal data.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research, statistical or other purposes in which case we may use this information indefinitely without further notice to you.
You may have certain rights under applicable data protection laws in relation to your personal data. As examples, you have the right to:
➢ Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
➢ Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
➢ Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for legal reasons which will be notified to you, if applicable, at the time of your request.
➢ Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have overriding legitimate grounds to process your information which override your rights and freedoms.
➢ Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the accuracy of the personal data; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where we no longer need the personal data for the purposes set out above, but we are required by you for the establishment, exercise, or defence of legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
➢ Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
➢ Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide the Services to you. We will advise you if this is the case at the time you withdraw your consent.
For more information on what we provide and how to access it, please see the Privacy FAQs here. If you wish to exercise any of these rights, you may contact us at Customer Support.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We will need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who does not have a right to receive it. We may also contact you to ask you for further information in relation to your request. For more information, please go here.
We try to respond to all legitimate requests within thirty (30) days. Occasionally it may take us longer if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Our full details are:
Zoosk Customer Care – Spark Networks Services
Attn: Data Protection Officer
3400 N. Ashton Blvd, Suite 175
Lehi, UT 84043
You have the right to make a complaint at any time to the applicable data protection authority in your country. We would, however, appreciate the chance to deal with your concerns before you approach the authority so please contact us in the first instance.
This Policy does not create rights enforceable by third parties or require disclosure of any personal data relating to users of the Service.
We reserve the right to modify this Policy from time to time. If we make changes to this Policy, we will change the “Last Revision” date below and will post the updated Policy on this page. We may also provide other methods of notice or request your consent depending on the circumstances.
The language of this Policy is English. Where Zoosk has provided a translation of the English version of this Policy, you agree that the translation is provided for your convenience only and that the English language version of this Policy will govern your relationship with Zoosk. If there is any contradiction between what the English language version of this Policy says and what a translation says, then the English language version will take precedence.
This Policy was last revised on May 15, 2018. For users who registered for the Services prior to May 15, 2018, this Policy will be effective on May 25, 2018.