Sporked Privacy Policy

Effective May 27, 2022

1. Scope of this Policy

2. Agreement to Terms

3. Information We Collect

4. Cookies

5. Children’s Privacy

6. How We Use Your Personal Information

7. How We Share Your Personal Information

8. Your Privacy Choices

9. Security

10. Additional Disclosures for Residents of California

11. Additional Disclosures for Residents of Canada

12. Additional Disclosures for Residents of the European Union (EU) and United Kingdom (UK)

13. Additional Disclosures for Residents of Brazil

14. Additional Disclosures for Residents of Australia and New Zealand

15. Third-Party Links

16. Effective Date and Changes to this Policy

17. How to Contact Us

1. Scope of this Policy

Thank you for visiting Sporked, owned and operated by Mythical Entertainment, LLC (“Sporked,” “we,” “us,” “our”). Sporked respects your privacy and values your trust. We are committed to ensuring that the personal information stored by our systems is suitably protected and used appropriately. The purpose of this Privacy Policy is to inform you of the treatment and handling of information that we may learn about you from visiting the Sporked website at sporked.com (the “Site”), your engagement with our content, and/or by use of any of our services (collectively, the “Service”). If you have any questions regarding this information or our privacy practices, please see the section entitled How to Contact Us at the end of this Privacy Policy.

2. Agreement to Terms

If you do not agree with the terms of this Privacy Policy or our Terms of Use, then you should immediately discontinue use of our Service without providing us any personally identifiable information.

3. Information We Collect

We may collect the following categories of personal information (a) directly from you (such as when you create an account, post a comment, complete a survey, or send communications to us), (b) from the device and browser that you use to access the Service, (c) from cookies, or (d) from third parties (such as social media networks when you contact us via social media or use certain third-party authentication platforms (e.g., Facebook OAuth, Twitter OAuth)). 

Identifiers

We may collect your name, email address, username and password, and phone number. We also allow users to create an account by logging in through certain third-party authentication platforms (e.g., Facebook OAuth, Twitter OAuth). By logging in through a third-party authentication platform, your name, email address, language preference, and an access token will be shared with us.

User-generated Content

We may collect the content you post to the Site, such as comments. 

Device Information

We collect device information when you visit the Site. This includes your computer or mobile device type, browser type, unique identifiers, IP address, and geolocation information. 

Internet or Electronic Network Activity Information

We may collect information concerning your interaction with the Site, including when you access the Site and your browsing activity on the Site (such as which pages you visit, in what order, and for how long). This may include “traffic” data or tracking information provided by the Site’s host or similar providers (e.g., Google Analytics) that may be helpful for marketing purposes or for improving the Site. 

Inferences

We may draw inferences from the information we collect about you that may reflect your preferences, characteristics, or interests. 

You are not required to provide all personal information identified in this Privacy Policy to use the Service or to interact with us, but certain functionality will not be available if you do not provide certain personal information. For example, if you do not provide certain personal information, we may not be able to allow you to register an account or respond to your requests or inquiries. 

4. Cookies

We store certain information that gets collected automatically at our end through cookies and other similar technologies on the Sites. A cookie is a small string of information that a website that you visit transfers to your browser for identification purposes. Cookies can be used to follow your activity while using a website or across websites, and that information helps companies understand your preferences and tendencies, as well as improve and personalize your website experience. Some cookies are necessary to operate a website, while others can be functional, analytical, or used for marketing purposes, including targeted advertising (as discussed in more detail below). Cookies on the Site are generally divided into the following categories:

  • Strictly Necessary Cookies: These are required for the operation of the Site. They include, for example, cookies that record your cookie preferences.
  • Analytical/Performance Cookies: These allow us to recognize and count the number of users on the Site and understand how such users navigate through the Site (e.g., when and which pages are visited, in what order the pages are visited, and where a user is located). This helps improve how the Site works, for example, by ensuring that users can find what they are looking for easily.

We use Google Analytics for part of this process. For more information about Google Analytics, please visit http://www.google.com/policies/privacy/partners/. You can opt-out of Google Analytics’ collection and use of data generated by your use of the Site by going to https://tools.google.com/dlpage/gaoptout

  • Functional Cookies: These improve the functional performance of websites and make them easier for you to use. These include cookies that are used to remember that you previously visit the Site and asked to remain logged in. We also embed certain videos that are hosted by  YouTube. YouTube sets certain functional cookies to remember your preferences (e.g., your preferred language), to remember user input, and to detect and resolve problems with YouTube’s services.
  • Targeting Cookies: These record your visit to the Site, the pages you have visited, and the links you have followed to recognize you as a previous visitor, and to track your activity on the Site and other websites you visit. These cookies are used to display ads on other websites based on your visits to the Site and other online activity. These cookies qualify as persistent cookies because they remain on your device. For more information about targeted advertising and how to opt out with your specific browser and device, go to the Network Advertising Initiative and the Digital Advertising Alliance. If you opt-out, you will need to apply these opt-out settings in each device from which you wish to opt out. Not all companies that serve interest-based ads participate in these opt-out programs, so even after opting-out, you may still receive some cookies and interest-based ads from other companies. If you opt-out of interest-based advertisements, you will still see advertisements online, but they may be less relevant to you. 

You can prevent the use of certain cookies by modifying your Internet browser settings, typically under the section “Help,” “Internet Options,” or “Settings.” If you disable or delete certain cookies in your Internet browser settings, you may still access the Site, however, you might not be able to access or use important functions or features of the Site, and you may, for example, be required to re-enter your log-in details. 

Do-Not-Track Signals

Some web browsers may allow you to transmit a “do-not-track” signal. At this time, Sporked does not take any action in response to these signals. However, we recognize the Global Privacy Control (“GPC”) as a valid request from you to opt out of marketing cookies for the browser that you use to access our Site.

5. Children’s Privacy

The Service is not intended for use by people under 16 years of age. We do not knowingly or intentionally gather personal information about visitors who are under the age of 16. If you are aware of, or suspect that, someone under the age of 16 is using the Site without permission, please notify us immediately by contacting us as detailed in the How to Contact Us section below. If you have questions or concerns about the Internet and privacy for your child, we encourage you to check out the FTC Guidelines for protecting your child’s privacy online. 

6. How We Use Your Personal Information

We collect and use personal information for the following purposes:

  • Providing the Service and providing services requested by, or reasonably anticipated by, you;
  • Managing your relationship with us and responding to your inquiries or requests;
  • Managing your account, including tracking your username and password;
  • Personalizing the Site and the marketing messages you receive from us;
  • Providing you with promotional materials and information that we believe will be relevant to you;
  • Administering promotions, events, or surveys;
  • Analyzing use of the Site;
  • Assessing the success of our marketing and advertising campaigns;
  • Detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity or prosecuting those responsible; and 
  • Complying with legal and regulatory obligations. 

7. How We Share Your Personal Information

We may share your personal information with the following third parties:

  • Our group companies, including our parent companies, Mythical Holdings, LLC and Lillington Basement, Inc., as well as our affiliates, Mythical Ventures, Inc.., Mythical Goods, LLC, Mythical Roadshow, LLC, Turn of Phrase, LLC, and Mythical Creator Accelerator, LLC.
  • Services providers, including hosting providers and IT outsourcing, web analytics providers, and marketing providers. In some instances, service providers will be directly responsible to you for their use of your personal information. They may be obliged by law to provide you with additional information regarding the personal information that they hold about you and how and why they process that information. Further information may be provided to you in a separate notice or may be obtained from such service providers directly, for example, via their websites.
  • Other users, for example, if you post a comment, your name and comment will be visible to other users of the Site.
  • Advertising networks to provide you with relevant marketing.
  • Advisers and financial institutions, including auditors, notaries, business continuity support service providers, and legal, tax, and risk and compliance advisors.
  • With third parties in connection with a change to the control or financial status of the company, including a corporate restructuring, sale, acquisition, financing, reorganizations, bankruptcy, receivership, transfer, assignment of assets, or business merger or divestiture. Personal information and other information may be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction. 
  • Government bodies, dispute resolution organizations, law enforcement agencies, or third parties in connection with (a) responding to a subpoena, search warrant, or other lawful request for information that we receive; (b) cooperating in a law enforcement or similar investigation; or (c) otherwise protecting our rights, as applicable.

8. Your Privacy Choices

If you no longer want to receive our newsletter or other marketing communications, you may unsubscribe at any time by following the unsubscribe options in the communication itself. 

To opt-out of text messages, you may text “STOP” in reply to any Sporked marketing text message.

Please note that you cannot unsubscribe from certain correspondence from us, including messages relating directly to your account.

9. Security

We maintain reasonable technical and organizational measures to protect personal information from loss, misuse, alteration, or unintentional destruction. We have implemented various security measures to protect both the personal information and the general information that we receive from you through the Service. Whenever you give out personal information online there is a risk that third parties may intercept and use that information. Although we seek to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. To the extent permitted under applicable law, we assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized access by third parties, or other causes beyond our control.

You play an important role in keeping your information secure. You should not share your username or password with anyone. If you have reason to believe that your account is no longer secure, please contact us immediately at [email protected] or at the contact information in the How to Contact Us section below.

10. Additional Disclosures for Residents of California

For residents of California, this section describes how we collect, use, disclose, and/or “sell” (as defined under California law) the personal information of California residents, and the rights you may have under California law. These disclosures are intended to supplement this Privacy Policy with information required by California law.

To understand what personal information we may have collected about you in the past 12 months, and from where we collected it, please see the section Information We Collect above.

We collect his personal information to operate, manage, and maintain our business, to provide our services, and to accomplish our business purposes and objectives, as further described in the Our Use of Personal Information section above.

We may share personal information with the third parties listed above in the section Our Disclosure of Personal Information. Below we have provided more detail regarding the two ways we share your personal information: (a) “sales” of information and (b) general disclosures of information for a business purpose.

“Sales” of Information

We have marked “sales” in quotation marks because a “sale” under California law broadly includes any disclosure of information in return for any value. This value does not need to be monetary, like in a traditional sale. For example, a “sale” can be when a business provides information collected through cookies to an advertising network that it has hired to promote its own ads—but then the advertising network is able to use the cookie data provided for its own purposes, outside of this particular business relationship.

Sporked does not share personal information in exchange for payment and we require that our service providers only use your personal information to perform the services we have asked of them. However, we use advertising networks to help us improve your advertising experience (such as serving advertisements on our behalf across the Internet and providing analytics services). Sharing personal information with the third-party provider while using these tools may fall within the definition of a “sale” of personal information under California law.

In the past 12 months, we have provided Device Information, Internet or Electronic Network Activity Information, and Inferences to Advertising Networks. 

We do not sell, or have actual knowledge of any sale of, the personal information of minors under 16 years of age. 

Disclosures of Information for a Business Purpose

To manage our business and provide services to you, we sometimes share personal information with third parties. As noted above, these third parties cannot further collect, sell, or use the personal information we share with them except as necessary to perform our purposes, as instructed by us.

In the past 12 months, we may have disclosed the following categories of personal information to the following third parties for our operational business purposes:

IdentifiersGroup Companies Service Providers
User-generated ContentGroup Companies Service Providers  Other Users
Device InformationGroup Companies Service Providers
Internet or Electronic Network Activity InformationGroup Companies Service Providers
InferencesGroup Companies Service Providers

Your Rights

Under California law, you have a right to notice, upon collection, of the categories of personal information collected and the purposes for which the information will be used. You have the right to access a copy of the categories and specific pieces of personal information about you that we collect, use, disclose, and/or sell, and the right to ask us to delete or anonymize your personal information, subject to some exceptions. You also have the right to opt-out of the sale of your personal information. Finally, you have the right to be free from discrimination for exercising your rights.

You may exercise your right to opt-out of “sales” by clicking this link and following the instructions: Do Not Sell My Personal Information. We also recognize the Global Privacy Control (“GPC”) as a valid consumer request to opt out of marketing cookies for the browser that you use to access the Site.

If you wish to exercise the right to access or delete your information or have any questions or concerns regarding the processing of your personal information, please contact us at [email protected] with the subject line “California Privacy” so that we can get your email to the right team. We will respond to your request consistent with applicable law. 

Please note, however, before we will be able to process your request for access or deletion of personal information, we will need to properly verify your identity for security purposes. If we possess appropriate information about you (e.g., name, email address), we will attempt to verify your identity using that information. If it is not reasonably possible to identify you, we may not be able to respond to your request. 

To use an authorized agent to make a request on your behalf, we may need the authorized agent to provide proof that you gave the authorized agent signed permission to submit the request on your behalf. We may also require you to verify your identity directly with us. 

11. Additional Disclosures for Residents of Canada

This section contains additional information for residents of Canada. As noted above, you may view and/or update certain information associated with your account (e.g., name, email address, password) by logging into your account. If you wish to request access to or correction of other personal information, or to opt-out of the processing of your personal information ore request that we delete your personal information, you may contact us at [email protected] with the subject line “Canada Privacy” so that we can get your email to the right team. You may also contact us for information about how foreign-based service providers process your personal information or if you have any questions or complaints about the manner in which we treat your personal information. 

We retain personal information for as long as necessary to fulfill the purposes for which the information was collected; as needed to address tax, corporate compliance, employment, litigation, and other legal rights and obligations; and as otherwise permitted by law.

12. Additional Disclosures for Residents of the European Union (EU) and United Kingdom (UK)

This section provides additional information for residents of the EU and UK.

Data Transfers

As a US company, most of our operations are conducted in the United States and in order to provide the Service, personal information will be processed in the United States, where laws regarding processing of personal information may be less stringent than the laws in your country. Where required by applicable law, we provide appropriate protections for cross-border transfers for international data transfers.

Retention of Your Personal Information

We retain personal information for as long as necessary to fulfill the purposes for which the information was collected; as needed to address tax, corporate compliance, employment, litigation, and other legal rights and obligations; and as otherwise permitted by law.

Legal Basis for Processing Your Personal Information

Where required, we have several different legal grounds on which we collect and process your personal information for the purposes set out in the Our Use of Personal Information section above, including: (i) as may be necessary to perform a contract with you; (ii) as necessary to comply with a legal obligation; (iii) consent (where consent has been provided as appropriate under applicable law); and (iv) as necessary for our legitimate interests (such as when we act to maintain our business generally, including maintaining the safety and security of the Service).

Automated Decision-Making

We do not use automated decision-making without human intervention, including profiling, in a way that produces legal effects concerning you or that otherwise significantly affects you.

Your Rights

As available and except as limited under applicable law, individuals in the EU and UK have the rights described below:

  • Access. You have the right to request a copy of the personal information we are processing about you, which we will provide to you in electronic form. 
  • Rectification. You have the right to require that any incomplete or inaccurate personal information that we process about you is amended. 
  • Deletion. You have the right to request that we delete personal information that we process about you, unless, for example, we are required to retain such information to comply with a legal obligation or to establish, exercise, or defend a legal claim.  
  • Restriction. You have the right to request that we restrict our processing of your personal information where: (i) you believe such data to be inaccurate; (ii) our processing is unlawful; or (iii) we no longer need to process such data for a particular purpose, but where we are not able to delete the data due to a legal or other obligation or because you do not want us to delete it. 
  • Portability. You have the right to request that we transmit the personal information we hold with respect to you to another data controller.
  • Objection. Where the legal justification for our processing of your personal information is our legitimate interest, you have the right to object to such processing on grounds relating to your situation. We will abide by your request unless we have compelling legitimate grounds for the processing which override your interests and rights, or if we need to continue to process the data to establish, exercise, or defend a legal claim.
  • Withdrawing Consent.  If you have consented to our processing of your personal information, you have the right to withdraw your consent at any time, free of charge. Please note that if you withdraw your consent, this will not affect the lawfulness of our use and processing of your information based on your consent before the point in time when you withdraw your consent or processing of other information based on other legal bases.

Some rights may be limited, and we may need to retain certain personal information, as required or permitted by applicable law. To inquire about or exercise the rights listed above, at any time, contact us at [email protected] with the subject line “EU Privacy” so that we can get your email to the right team. We will respond to you request consistent with applicable law. 

If you feel that your request or concern was not satisfactorily resolved by us, you have the right to lodge a complaint with your local data protection authority.

13. Additional Disclosures for Residents of Brazil

This section provides additional information for residents of Brazil.

Data Transfers

As a US company, most of our operations are conducted in the United States and in order to provide the Service, personal information will be processed in the United States, where laws regarding processing of personal information may be less stringent than the laws in your country. Where required by applicable law, we provide appropriate protections for cross-border transfers for international data transfers.

Retention of Your Personal Information

We retain personal information for as long as necessary to fulfill the purposes for which the information was collected; as needed to address tax, corporate compliance, employment, litigation, and other legal rights and obligations; and as otherwise permitted by law.

Legal Basis for Processing Your Personal Information

Where required, we have several different legal grounds on which we collect and process your personal information for the purposes set out in the Our Use of Personal Information section above, including: (i) as may be necessary to perform a contract with you; (ii) as necessary to comply with a legal obligation; (iii) consent (where consent has been provided as appropriate under applicable law); and (iv) as necessary for our legitimate interests (such as when we act to maintain our business generally, including maintaining the safety and security of the Service).

Automated Processing

We do not use automated processing to make decisions that may affect you significantly. However, we use profiling and analytics to understand how people use the Site and for marketing purposes. These analytics help us understand and improve the Service. We also use security and fraud analytics, for example, to identify potential fraud.

Your Rights

As available and except as limited under applicable law, individuals in Brazil have the rights to request:

  • Confirmation of processing of personal information;
  • Access to your personal information;
  • Correction of incomplete, inaccurate, or outdated personal information;
  • Anonymization, blocking, or deletion of unnecessary, excessive data;
  • Personal information portability to another service provider or product, upon express request;
  • Deletion of personal information processed with your consent;
  • Obtaining information about the entities with which Sporked has shared your personal information;
  • Information on the possibility of you not providing consent, as well as being informed about the consequences should you not give consent;
  • Revocation of consent.

Some rights may be limited, and we may need to retain certain personal information, as required or permitted by applicable law. To inquire about or exercise the rights listed above, at any time, contact us at [email protected] with the subject line “Brazil Privacy” so that we can get your email to the right team. We will respond to you request consistent with applicable law.

14. Additional Disclosures for Residents of Australia and New Zealand

If you are resident of Australia or New Zealand, you have the right to access the personal information we hold about you and to update and/or correct it, subject to certain exceptions. As noted above, you may view and/or update certain information associated with your account (e.g., name, email address, password) by logging into your account. If you wish to access or update/correct other personal information, contact us at [email protected] with the subject line “AU NZ Privacy” so that we can get your email to the right team. We will respond to you request consistent with applicable law.

As a US company, most of our operations are conducted in the United States and to provide the Service, personal information will be processed in the United States. When your personal information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your personal information.  

If you have any questions or wish to lodge a complaint, you may do so by contacting us at the information in the How to Contact Us section below. If you submit a complaint, we will investigate your compliant and determine the steps that we will take to resolve it. We will contact you if we need any additional information from you and will notify of the outcome of the investigation.

For your convenience, we may link to third-party sites and services, or otherwise display third-party content through the Site to provide increased value to our visitors. We have no control over these linked sites, each of which has separate privacy and data collection policies and practices independent from us. As such we have no responsibility or liability for these independent policies or actions and are not responsible for the privacy practices or the content of any such websites. Please note that these other sites may send their own cookies to users, collect data, or solicit personal information, and we encourage you to review their policies before engaging with these third-party sites.

16. Effective Date and Changes to this Privacy Policy

This Privacy Policy is effective as of the date at the top of this policy. Sporked has the discretion to update this Privacy Policy at any time. When we do, we will revise the effective date at the top of this page. We encourage users to frequently check this page for any changes and to stay informed about how we are helping to protect the personal information we collect, especially before you provide information, and particularly personal information, directly to us through the Service. In the event of a material change to this Privacy Policy, we will provide a message through our website or via email informing you of the change.

17. How to Contact Us

If you have any questions about this Privacy Policy or our Service, please contact us at [email protected]