Cisco Spark Terms of Service

This Cisco Spark Terms of Service (the "Agreement") governs your access to and use of the Cisco Spark Service(s) you have purchased from an Approved Source. Spark Services consist of Spark Business Messaging and Basic Meetings and Spark Cloud Calling. This Agreement applies to your purchase of any combination of the Spark Services. This Agreement also applies to Cisco's "Free Spark" offering. Because this Agreement covers the entire Spark portfolio, certain terms may apply to some Spark Services, but not others. We will point out those certain terms, and their specific application, in this Agreement, when those matters arise.

This Agreement ("Agreement") is bettween you and Cisco and consists of:

(i) the applicable Spark Service Description(s) located at Spark Business Messaging and Basic Meetings Service Description and Spark Cloud Calling and Room System Service Description, and which is/are incorporated into this Agreement;

(ii) the Order(s);

(iii) the Policies; and

(iv) the following terms.

In the event of a conflict, the order of precedence is as set out above. Capitalized terms are defined in Appendix 1.

BY CLICKING AN ACCEPT BUTTON, SUBMITTING AN ORDER FOR SPARK SERVICES THAT REFERENCES THIS AGREEMENT, OR USING THE SPARK SERVICES, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES, IN WHICH CASE "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THE SPARK SERVICE.

  1. Scope of Use: Cisco will provide you the Spark Service as specified in the applicable Service Description(s) and Order (s). You may use the Spark Service in accordance with this Agreement only for your internal business use. You may need to install software ("Software") or provide additional information to register for and/or use the Spark Service. You may use the Software to the extent reasonably required to use the Spark Service and only for the duration you are entitled to use the Spark Service. Such Software is licensed to you under Cisco's EULA. Cisco reserves all rights to the Spark Service and Software not expressly granted under this Agreement or the EULA.
  2. Evaluation:
    1. Beta: We may invite you to try beta versions of the Spark Service. You may need to agree to additional terms for the beta Spark Service. Beta Spark Service is provided for evaluation and feedback purposes and may not be used in a production environment. You understand that beta Spark Service is not generally released and, therefore, is unsupported and may contain bugs, errors and other issues. You accept the beta Spark Service "AS-IS," without warranty of any kind, and Cisco is not responsible for any problems or issues related to your use of the beta Spark Service. The beta Spark Service may never be generally available and we may discontinue beta Spark Service in our sole discretion at any time and delete any Content or data on the beta Spark Service without liability to you.
    2. Trial: We may give you trial access to the Spark Service, which also may be subject to additional terms. Any trial period will expire on the later of 30 days or as otherwise stated in writing from Cisco. Trial Spark Service also is provided "AS-IS" without support or any express or implied warranty of any kind.
  3. Fees and Payment:
    1. Fees: Fees may include overage amounts or usage charges, as described in the Spark Service Description and/or Order. Order acceptance may be subject to our credit approval process.
    2. Purchases from an Approved Source: Spark Service fees and payment terms are set out in your agreement with the Approved Source.
    3. Direct Purchases from Cisco: For Spark Services purchased directly from Cisco, you agree that we may charge your credit card or invoice you for the fees due for your use of the Spark Service. We may provide your credit card information and related personal data to third parties for payment processing and fraud prevention purposes. Unless otherwise agreed, you will pay the fees associated with the Spark Service within 30 days of the invoice date. Past due fees will bear interest from the due date to the date of payment at the lesser of 10% per annum or the maximum rate permitted by law. You will pay all sales, value added, general standard and similar taxes, levies, duty or charges imposed by any governmental authority related to Spark Services purchased pursuant to this Agreement. Cisco may gross up the price for the Spark Service in any invoice if a required withholding prevents us from receiving the amount specified in such invoice. You may withhold payment for fees that you reasonably and in good faith dispute as owing, and you will pay any undisputed fees. If you withhold any payment due to a dispute, you must notify Cisco in writing of any such disputed fees within 15 days of the invoice date and provide us with written details about why you dispute the invoice. After we receive notice of the dispute, we will work with you in good faith to resolve the dispute. If we are unable to resolve the dispute within 30 days, Cisco may terminate the Services after giving you an additional 10 days advance written notice.
  4. Your Obligations:
    1. AUP: You will comply with the Cisco Cloud Services Acceptable Use Policy ("AUP"). We may investigate complaints or suspected violations of the AUP and, if we reasonably determine there is a violation, we may take action to remedy the violation (e.g., refusing to post or removing your or your Users' Content or restricting, suspending or terminating access to the Spark Service). In instances where we reasonably believe that such violation would expose us to civil, regulatory or criminal liability, we may take action immediately without prior notice to you. You agree to indemnify, defend and hold us harmless for any claims, liability, damages, and costs (including attorneys' fees) arising from your or your Users' violations of the AUP.
    2. Use of Spark Services: You own your Content and are responsible for your and your Users' Content and use of the Spark Service using your account information, password, or other login credentials. You agree to use reasonable means to protect your credentials from unauthorized disclosure or use by third parties, and you will promptly notify Cisco any unauthorized use of your account of which you become aware. Any registration information you provide to use the Spark Service will be accurate and you will keep such information current and up to date. You will not sell, resell, reframe, distribute, rent or lease the Spark Service, include the Spark Service in an outsourced or service bureau offering, or otherwise commercialize the Spark Service. You grant Cisco a worldwide, royalty-free, sub-licensable license to use, modify, reproduce and distribute the Content only as reasonably required to provide the Spark Service. Cisco is free to use and incorporate any feedback you provide regarding the Spark Service without payment of royalties or other consideration.
  5. Changes:: Cisco may enhance and/or change the features of the Spark Service at our discretion as long as we do not materially reduce the core functionality of the Spark Service. We also may offer additional optional features and/or functionalities in addition to the "standard" Spark Service at an additional cost.
  6. Data Privacy. Cisco will collect, use and process Content only in accordance with Cisco's Privacy Statement and to the extent reasonably required to provide the Spark Services, in particular. "Privacy Statement" means Cisco's then current statement regarding its treatment, use and protection of your Content, located at: http://www.cisco.com/web/siteassets/legal/privacy.html , and includes the Cisco Spark Supplement to the Cisco Privacy Statement, attached and incorporated herein as Appendix 3.
  7. Spark Content. We may transfer, copy, backup and store your Content and Submission Data in the United States or other countries or jurisdictions outside your country as a part of the Spark Service, where permitted by law. You are responsible for obtaining consent from your Users to such processing and transfer of Content and Submission Data, including international transfers. We will obtain appropriate agreements with our Affiliates, subcontractors and agents consistent with this Agreement and our Privacy Statement. Cisco will not monitor your Content or use of the Spark Service or otherwise process Content and Submission Data other than (i) as needed to provide, support or improve the provision of the Spark Service, (ii) where instructed or permitted by you, (iii) to investigate potential or suspected fraud or misuse of the Spark Service, (iv) as described in the Cisco Spark Supplement to the Cisco Privacy Statement, or (v) as otherwise required by law or to exercise or protect our legal rights. Cisco reserves the right to charge for certain activities performed at your request or direction (such as delivering Content in a specific format). We are not liable to your, your Users or your customers for any loss or damages arising from any Content. We do not endorse and have no control over what Users submit to a Site (except when you communicate with a Cisco user through the Spark Service, as described in the Cisco Spark Supplement to the Cisco Privacy Statement). We cannot guarantee the accuracy of any Content provided by you or other Users. If you are a Spark purchaser, and the agreement under which you purchase Spark is terminated for a reason other than your breach of the agreement, we will make your lawful Content available to you for a reasonable period of time following the date of termination, after which the stored Content will be scrubbed from the server and become permanently unavailable. Where the Spark Services includes a publicly accessible site with your Content, we may also publicly perform or publicly display your Content. You warrant that you have sufficient, lawful non-infringing rights to the Content and to grant the license contained in this Section.
  8. Ownership and Proprietary Rights.
    1. Ownership. Cisco and its licensors own all intellectual property rights to the Services, Software and associated documentation. This ownership extends to all copies and portions of these items, and all improvements, enhancements, modifications and derivative works to these items. Therefore, your right to use the Services is a limited right to use, not a transfer of ownership or title, to the Services, Software, and associated documentation. Your rights to use the Software and associated documentation are limited to those rights expressly granted by this Agreement. You get no other rights to the Software, associated documentation, or Services or any related intellectual property rights in the Software.
    2. Use of Your Name and Logo. Your trade name, logo and other trademarks or service marks are "Marks." Marks may be required to use your Marks with Spark. We may use your Marks to create a co-branded Site as part of delivery of the Spark Service if so indicated in the Order. Nothing in this Agreement transfers to us any rights or ownership in or to your Marks.
    3. Infringement Concerns. If you believe that your copyright or other rights have been infringed by Content while using Spark, please contact Our Designated Agent for notice of claims of copyright infringement:

      Office of General Counsel
      Cisco Systems, Inc.
      170 West Tasman Drive
      San Jose, CA 95134
      Attn: Copyright Agent
      email: DMCAagent@cisco.com
    4. Cisco Marks. Cisco and the Cisco logo are Marks of Cisco Systems, Inc. and/or its affiliates in the U.S. and other countries. A listing of Cisco's trademarks can be found at www.cisco.com/go/trademarks. Third party trademarks mentioned are the property of their respective owners.
  9. Free Spark Offering. Cisco offers a limited "Free Spark" option, which includes a limited Spark Service (Business Messaging), at no cost. However:
    1. This Agreement is applicable to your use of Free Spark and remains in full force and effect, except otherwise set forth in this Section 9. This is one of those instances where the terms of this Section 9 are specific to the Free Spark offering, only. While the terms of this Section 9 are not applicable to the purchase of Spark Services, they are in all instances applicable to your use and access to Free Spark. Terms of this Section 9 that are in conflict with any other portion of the Agreement will control.
    2. Certain features or use of the Spark Services may require you to upgrade to a paid version of Spark Services;
    3. We may change the features of Free Spark at our discretion and without notice; and
    4. Cisco may deactivate or delete your account and ay related data, information and files, and bar any further access to such data, information and files for any reason. Such action may include, among other things, accessing your Content or data and/or discontinuing your use of Free Spark or specific Free Spark features without any liability. We may automatically delete your Content after your stop using the Services or if you exceed a specified limited amount of storage space.
  10. Spark Cloud Calling. One of the Spark Services is "Spark Cloud Calling." This is another instance where this particular Section 10 (Spark Cloud Calling) is applicable only this one Spark Service. If you are purchasing Spark Cloud Calling, please be advised that in order to make emergency calls (E911), callers need access to a Public Switched Telephone Network (PSTN). The Spark Cloud Calling audio service by itself does not provide access to a PSTN. Without access to a PSTN, the emergency calls (E911) will not be routed to the correct Public Safety Answering Point (PSAP), which is based on location information associated with the PSTN. You will need to purchase PSTN from a third party provider in conjunction with the Spark Cloud Calling purchase in order to access the appropriate PSAP in the event of an emergency. UNLESS YOU HAVE A THIRD PARTY PSTN PROVIDER, CISCO SPARK SERVICES DO NOT SUPPORT EMERGENCY DIALING. DO NOT USE THE CISCO SPARK SERVICE TO MAKE EMERGENCY CALLS TO NATIONAL OR STATE DESIGNATED EMERGENCY NUMBERS INCLUDING WITHOUT LIMITATION 911 (UNITED STATES AND CANADA), 112 (UNITED KINGDOM AND EUROPEAN UNION), 999 (UNITED KINGDOM AND OTHER COUNTRIES), 000 (COMMONWEALTH OF AUSTRALIA), AND ANY OTHER SUCH EMERGENCY NUMBER. IN THE EVENT OF AN EMERGENCY, YOU MUST USE AN ALTERNATIVE SERVICE OBTAINED THROUGH A PSTN OR OTHER THIRD PARTY AUDIO PROVIDER.ONCE YOU HAVE SECURED A PSTN, YOUR EMERGENCY RESPONSE LOCATION FOR PURPOSES OF EMERGENCY CALLS WILL BE LIMITED TO YOUR COMPANY ADDRESS, REGARDLESS OF YOUR CALLING DEVICE, LINE AND LOCATION, UNLESS YOU HAVE A DIRECT LINE UNDER YOUR PRIVATE ADDRESS AND NON-SHARED.
  11. Warranty: Cisco warrants that the Spark Service will materially comply with the applicable Service Description(s). Your sole and exclusive remedies for breach of this warranty are (at our option) to repair or replace the Spark Service or refund the fees for the period in which the Spark Service did not materially comply. In order to receive either of these remedies, you must promptly notify Cisco of such breach. Except as expressly stated in this section 7, to the extent allowed by applicable law, Cisco: (a) expressly disclaims all warranties and conditions of any kind, express or implied, including without limitation any warranty, condition or other implied term as to merchantability, fitness for a particular purpose or non-infringement; and (b) makes no warranty or representation that the Spark Service will be uninterrupted, secure or error-free.
  12. Limitation of Liability: Cisco's maximum liability for all claims related to this Agreement shall not exceed the fees paid by you for the applicable Spark Service during the 12 months before the last event that gave rise to your claim. This limit is in the aggregate and not per incident. Neither party will be liable for any (a) indirect, incidental, exemplary, special or consequential damages; (b) loss or corruption of data or interrupted or loss of business; or (c) loss of revenues, profits, goodwill or anticipated sales or savings. This limitation of liability applies whether the claims are contract, tort (including negligence), or otherwise, even if either party has been advised of the possibility of such damages. The exclusions and limitations in this section do not apply to your liability for a violation of Cisco's intellectual property or proprietary rights. Neither party may bring a claim under this Agreement more than 18 months after the event that creates the action or claim, except for your breach of Cisco's intellectual property or proprietary rights. Nothing in this Agreement limits or excludes any liability that cannot be limited or excluded under applicable law.
  13. Term and Termination:
    1. Term of Agreement: This Agreement starts on the date you submit your first Order. Either of us may terminate this Agreement for any reason by giving the other party 30 days' prior written notice, with any termination effective when all of your Orders expire or are terminated. Either of us may terminate this Agreement and any impacted Orders by giving written notice to the other party if the other party materially breaches this Agreement and does not cure that breach within 30 days after receiving written notice of the breach (without prejudice to Cisco's right to immediately suspend or terminate for breach of the AUP).
    2. Order Terms: The Initial Term of an Order starts on the date the Spark Service is available for use by you and lasts for the period stated in the Order. Unless otherwise stated or prohibited by applicable law, the Initial Term will renew automatically for the same length of the Initial Term unless you notify Cisco in writing that you do not want to renew the Spark Service at least 30 days before the end of the current Term. We will notify you reasonably in advance of an upcoming Renewal Term if there are any fee changes. If you agree with the fee changes, you may do nothing and the new fees will apply for the upcoming Renewal Term. If this Agreement is terminated for any reason:
      1. Cisco will make your stored Content available to you for a reasonable period of time (subject to the AUP); and
      2. You will pay the fees for the Spark Service provided up to the effective date of termination.
      The following provisions will survive the expiration or termination of this Agreement: Section 3 and any payment provisions in the Order, Sections 3, 4, 6, 7, 8, 10, and 12-16. Upon any termination or expiration of this Agreement, you must cease any further use of the Spark Service and destroy any copies of Software within your control.
  14. Assignment/Subcontracting: We may assign our rights and delegate our obligations under this Agreement, in whole or in part to, an Affiliate or subcontractor without your consent. Other than the above, neither of us may assign nor delegate this Agreement. Cisco may subcontract the performance of the Services to one or more third party organizations. Any such subcontract shall not relieve Cisco of any of its obligations under this Agreement.
  15. Applicable Law and Jurisdiction: The table in Appendix 2 identifies the governing law for this Agreement (ignoring any conflict of laws provision) and the specific courts that have exclusive jurisdiction over any claim arising under this Agreement based on the primary place of business of the ordering entity. In addition, no person who is not a party to this Agreement shall be entitled to enforce or take the benefit of any of its terms under the Contracts (Rights of Third Parties) Act 1999.
  16. Other:
    1. Any press release or publication regarding this Agreement is subject to prior written approval of the other party.
    2. Except for payment obligations, neither party will be responsible for failure of performance due to a Force Majeure Event.
    3. The Spark Service and Software may be subject to local and extraterritorial export control laws and regulations. You shall comply with such laws and regulations governing use, export, re-export, and transfer of the Spark Service and Software and will obtain all required local and extraterritorial authorizations, permits or licenses. The export obligations under this clause shall survive the expiration or termination of this Agreement.
    4. As set forth in the EULA, Software and related documentation are "commercial items" as defined at Federal Acquisition Regulation ("FAR") (48 C.F.R.) 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in FAR 12.212.
    5. You will comply with all applicable laws and regulations related to your receipt and use of the Spark Service. You must ensure you have the right to use all features of the Spark Service in your jurisdiction. The Spark Service may not be available in all countries and it may not be available for use in any particular location. We may modify or discontinue Spark Services features to comply with applicable laws and regulations. Cisco will comply with all applicable laws in the provision of the Spark Service to you.
    6. Cisco may update the terms of this Agreement from time to time. If we do, we will post the updated terms or will otherwise notify you. If you renew the Spark Service or purchase additional Spark Services after the updated Agreement has been posted, you agree to the updated terms. Any other modifications to this Agreement must be by mutual written agreement.
    7. Cisco may provide you with notice via email, regular mail and/or postings on the cisco.com website. Notices to Cisco should be sent to Cisco Systems, Office of General Counsel, 170 Tasman Drive, San Jose, 95134, unless this Agreement, the applicable Service Description, or an Order specifically allows other means of notice.
    8. Failure to enforce any right under this Agreement will not waive that right. If any term of this Agreement is not enforceable, this will not affect any other terms.
    9. This Agreement is the complete agreement between the parties concerning the subject matter of this Agreement and replaces any conflicting provisions in any acknowledgements, purchase orders, quotations or prior understandings, except as agreed between the parties. Any other modifications to this Agreement must be by mutual written agreement.

Appendix 1: Glossary of Terms

"Affiliate" is any entity that one of us controls or controls one of us. "Control" means that entity (a) directly or indirectly owns more than 50% of one of us; or (b) has the ability to direct the affairs of one of us through any lawful means (e.g., a contract that allows control).

"Approved Source" means Cisco or a Cisco authorized reseller, distributor or systems integrator.

"Cisco" means Cisco Systems, Inc. or its applicable Affiliate (including, but not limited to, Cisco WebEx LLC).

"Content" means all visual, written or audible communications, files, data documents, videos, or recordings; trade names, logos and other trademarks or service marks; or any other material displayed, posted, uploaded, stored, exchanged or transmitted on or through your use of the Spark Service or otherwise provided on a web site or on-line space related to the Spark Service.

"Force Majeure Event" means an event beyond the affected party's reasonable control, including (without limitation) accidents, severe weather events, acts of God, actions of any government agency, epidemic, pandemic, acts of terrorism, or the stability or availability of the Internet or a portion thereof.

"Initial Term" means the duration of the first Term of an Order.

"Order" means an ordering document (including a web or other electronic form) that specifies the duration, type and quantity of SaaS to be provided and the associated fees.

"Policies" means Cisco's privacy statement, Acceptable Use Policy and any other policy governing the use of your data or personal information.

"Renewal Term" means the duration of the Term of an Order that occurs upon expiration of the Initial Term.

"Spark Service(s)" means Spark Message, Spark Meet, or Spark Cloud Calling, or any purchase combination thereof.

"Submission Data" means certain technical data and related information that may be collected by certain Spark Services or submitted by you, as described in the Policy or applicable Spark Service description. For clarity Submission data excludes Content but may include references to Content (e.g., an error submission report may reference that the User was attempting to upload a video file).

"Term" means the length of time you can use the Spark Service as specified in this Agreement or an Order.

"User" means your employees, contractors, agents or third parties (invited by you) who use the Spark Service.

"We," "our" or "us" refer to Cisco.

"You" or "your" means the company or other legal entity entering into this Agreement, which may include its Affiliates, if included in the applicable Order.

Appendix 2: Jurisdiction

Country or territory

Governing law

Jurisdiction and venue

United States, Latin America or the Caribbean

State of California, United States of America

State and Federal Courts of California

Canada

Province of Ontario, Canada

Courts of the Province of Ontario, Canada

Europe, Middle East, Africa, Asia or Oceana (excluding Australia)

Laws of England

English Courts

Japan

Laws of Japan

Tokyo District Court of Japan

Australia

Laws of the State of New South Wales

State and Federal Courts of New South Wales

Italy

Laws of Italy

English Courts

All other countries or territories

State of California

State and Federal Courts of California

Regardless of the above governing law, either party may seek interim injunctive relief in any court of appropriate jurisdiction with respect to any alleged breach of such party's intellectual property or proprietary rights.

Appendix 3: Cisco Spark Supplement to the Cisco Privacy Statement

Note that this page is a supplement to the Cisco Privacy Statement. In order to understand the data collection and use practices relevant for a particular site or solution, you should read both the Cisco Privacy Statement and any applicable supplement.

Collection and Use of Information

Registration Information

When you sign up to use Cisco Spark (the "Service"), we collect personal information about you, including your name, email address, and profile picture ("Registration Information"), in addition to a password ("Authentication Information"). We may also collect the name of your employer. If your registration includes Spark Call, we may collect additional Registration Information, including your desk phone number, directory extension, direct line, SIP identifier, and voicemail box number. We may also collect additional Authentication Information, including your voicemail PIN and device activation codes.

We use Registration Information to enroll you in the Service, to display your identity to other users, to notify you about features and updates, to understand how the Service is used, and to make improvements to the Service and other Cisco products and services. If you sign up for the Service using your work email address, your Registration Information will be visible to other users who have the same email domain.

When you invite other users to join the Service by providing us with their email addresses, we retain those email addresses.

User-Generated Information

We collect and retain personal information and other information you upload, provide, or create while using the Service ("User-Generated Information"), including information related to:

Rooms: Activity recorded in the room (such as joining or leaving), including activity related to third-party integrations, together with the date, time, person engaged in the activity, and other participants in the room

Messages: Message content, sender and recipients, date, time, and read receipts

Content shared: Files and file names, sizes, and types

Calls: Call participants, date, time, duration, and quality ratings that you provide. We route audio and video call content and screen sharing content between call participants but we do not retain or store the content

Voicemails: Voice message content, date, and time

Meeting invitations: Date, time, participants, and invitation content

We use this information to provide you with the Service, which includes a persistent history of your interactions with other users. You should be aware that all messages and content you share in a room, including personal information about you or others, will be available to all other participants in that room, including participants who join the room after you share messages or content.

If you choose to enable optional location-sharing, we will collect your geographic location (latitude, longitude, and city) when you send a message or share content in a room. We collect this information so that it can be shared with other users in the room.

If you use the Service on your mobile device, upon sign-up you will have the option of sharing your calendar and/or contacts with the Service mobile application. This calendar and contact information is accessed only by the application locally on your mobile device and is not shared with Cisco unless and until:

  • you interact with a contact from your mobile device contact list using the Service, in which case we collect information only about that user. The Service mobile application uses this information to make it easier for you to connect with your contacts
  • you create a room from a calendar event using the Service, in which case, we collect the information in the meeting invitation, including the date, time, duration, and meeting participants

The Service supports integrations with third-party services and applications. If you choose to add an integration, the third-party may share information and content associated with your third-party service or application account with us. We do not receive or store your passwords for these third-party services or applications, although we do store authentication tokens associated with them.

Host and Usage Information

Our servers automatically record certain information when you use the Service, including your IP address, user agent identifier, operating system type and version, client version, and IP addresses along the network path ("Host Information"). If you use the Service with Spark Phone OS or Spark Room OS, we collect the MAC address of your desk phone or video endpoint. We also automatically record information about your usage of the Service, including actions taken, date and time, frequency, duration, quantity, quality, network connectivity, and performance information related to logins, clicks, messages, contacts, content shared, calls, use of video and screen sharing, meetings, voicemail, and other feature usage information ("Usage Information"). We use Host Information and Usage Information to understand how the Service is used, to diagnose problems, to respond to customer support requests, to conduct analytics and aggregate statistical analysis, and to improve the Service and other Cisco products and services.

When you use the "Send Feedback" feature of the Service or, choose to send a problem report from a device running the Spark Phone OS, or choose to send logs from a device running Spark Room OS, logs of your activity are automatically shared with us so that we can provide technical support and make product improvements. In some cases, you may be offered the option to send logs at the end of a specific call following a call failure or a low call rating within the Service. If you select the "Send Call Reports Automatically" option under Settings, your activity logs will be shared with us at the end of each call. These logs record information about the participants, date, time, duration, and quality related to your activities with the Service, as well as hashes (one-way encrypted versions) of messages you've sent or received. If your device is paired with a device running the Spark Room OS, the activity logs from the paired device will also be shared with us. These logs may pertain to other users of the paired device besides you. No content or message text that you send or receive is shared with us, unless you choose to include optional screen shots that display messages or content. The logs are stored unencrypted on your device and, together with screen shots, are sent to us using transport encryption (see next section). Your employer has the ability to share logs with us on demand from any device it administers running Spark Phone OS or Spark Room OS, or from any Spark Hybrid Services deployment that it administers.

Securing Your Information

The Service uses different kinds of encryption to protect different kinds of data in transit and in storage.

End-to-end encryption is used to protect messages and content that you share on the Service. Just prior to sending a message from your client, it is encrypted on your device. (If you have opted to share your location information, that information is also encrypted.) Messages remain encrypted until they are received by other users, where they are decrypted on those user's devices. The same process is used for content that you share, with one difference: content of certain types (PDFs and Microsoft Word documents and presentations) is briefly decrypted between you and the recipient so that it can be "transcoded" for display in a room. The results of the transcoding are also encrypted. For example, if you upload a slide presentation into a room, it will first be encrypted on your device. When we receive the presentation on our server, we will briefly decrypt it and send it to a third party, Box.net, where individual thumbnail images of each slide will be generated. Box.net will send the thumbnails and presentation back to us and will not store them. We will then encrypt the thumbnails and presentation and send them to the other users in the room. All content, transcoded content, and messages are stored on our servers in encrypted form. Push notifications sent to Android users via the Google Cloud Messaging service are end-to-end encrypted; notifications sent to iOS users via the Apple Push Notification Service may not be. Messages and content associated with integrations are encrypted within the Service and decrypted at the border with the third-party supporting the integration. Messages and content may be decrypted by your employer or the employers of those you communicate with using the Service, including by Cisco (see Sharing Your Information below).

Media encryption is used to protect the audio, video, screen sharing data, and voicemails that you transmit during a call. When you make a call, media is encrypted from your device to our servers. It is decrypted on our servers so that we can manage the call. It is re-encrypted before being sent to the other participants on the call unless they are connected via the public telephone network or do not support encryption. We do not store any call audio, video, or screen sharing data on our servers. Voicemails are encrypted from your device to our servers, decrypted to be prepared for storage, and re-encrypted in storage on our servers. Voicemails transmitted via email are not encrypted.

Transport encryption (also known as HTTPS) is used to protect all connections to and from the Service other than voice/video calls. When you register for the Service, send messages, share content, connect with third-party services or applications via integrations, send logs or screen shots to provide us with feedback, or otherwise connect to our service, we always use transport encryption.

As described above, messages, location information, content, and voicemails are stored on our servers in encrypted form, as are passwords and voicemail PINs. All other Registration Information, Authentication Information, User-Generated Information, Host Information, and Usage Information is stored on our servers in unencrypted form.

Proximity Features

The Service makes use of Cisco Intelligent Proximity features to pair your mobile device with select Cisco voice and video endpoints. See the Cisco Proximity Supplement for information about data collection associated with Cisco Intelligent Proximity features. You can turn Proximity Features off by visiting the Settings tab in your mobile client.

Mobile and Browser Permissions

The Service makes use of a number of features available on mobile device and web browser platforms to support a full-featured collaboration experience. Depending on which mobile or browser platform you use and which Service features you use, your application may request or automatically obtain some or all of the following permissions:

Phone, microphone, camera, and audio recording: the Service uses access to your device's phone interface, microphone, and camera to allow you to make audio and video calls. On some devices, the mobile device platform also requires that audio recording permission be obtained so that you can make calls (although we do not record audio). The Service will only make use of these permissions when you choose to initiate or receive a call. Camera access is also used to allow you to take photos and post them into rooms

Screen sharing: the Service needs screen sharing permission to allow you to share your screen with other users during a call. The Service will only share the screen content that you specify and will only share it with the other users on the call

Calendar and contacts: As described above, the Service uses calendar and contact information to make it easier for you to connect with contacts and to schedule meetings

Files and photos: To make it possible for you to share files and photos with other users, the Service needs permission to access files and photos stored on your device

Push notifications: You can choose to allow the Service to notify you about new messages and other activity even when you do not have the Service application open. User information collected by the Service is shared with third-party push notification services and mobile operators when users allow push notifications. Message text is end-to-end encrypted when sent to Android devices but may not be end-to-end encrypted when sent to iOS devices

Location: The Service uses access to your device's geolocation capabilities if you choose to enable optional location-sharing to provide your location to other users in rooms with you

Use of Cookies and Other Web Technologies

When you use the Service in your web browser, we use cookies, local storage, and other browser storage technologies to ensure that you can stay logged into the Service until you choose to log out and to improve the performance of the Service. These technologies may store Registration Information, Host Information, and/or Usage Information. Cookies are always sent using transport encryption.

Updating Your Information

You can update your name, profile picture, password, voicemail PIN, and email communications preferences at any time using the Service menu options. If your employer subscribes to the Service and includes your account in that subscription, this updating capability may be disabled.

Sharing Your Information

Unencrypted messages may be shared with third-party services and applications that you choose to integrate with and with the Apple Push Notification Service, but not with any other third parties. We may share other User-Generated information, Registration Information, Host Information, and/or Usage Information with service providers, contractors or other third parties to assist us with providing and improving the Service. The data shared may include aggregate statistics or individualized data. All sharing of information is carried out consistent with the Cisco Privacy Statement. We do not rent or sell your information.

If your employer has purchased the Service, we may share any or all of the information described in this statement with them. Your information may be subject to your employer’s policies regarding their access, monitoring, deletion, preservation and export of information associated with the Service. This may include access to the keys used to encrypt or decrypt your User-Generated Information.

Similarly, if you communicate with users in other companies through the Service, the information you share with those users and the information associated with those communications may be subject to their employers’ policies. If you communicate with a Cisco user through the Service, those communications, including your User-Generated Information, are subject to access, monitoring, deletion, preservation, and export by Cisco.

If your employer subscribes to the Service through a Cisco partner, we may share Host and/or Usage Information about employees’ use of the Service with the partner. Employers have the option of disabling this information-sharing with Cisco partners. If a partner chooses to provide customer support for the Service, any or all of the information described in this statement may be shared with the partner.

Other

When you use the Service, you are subject to the Cisco SaaS Terms of Service.