Privacy Policy

This Privacy Policy explains how SPARKSSURGE INNOVATIONS PTY LTD (ABN 91 675 523 181), trading as Sparkssurge ("Sparkssurge", "we", "us" or "our"), handles personal information. It applies to our website at sparkssurge.com.au, our dashboard, our AI voice and sales agents, and any related services (together, the "Service").

We handle personal information in line with the Privacy Act 1988 (Cth) and the 13 Australian Privacy Principles (APPs). If you use Sparkssurge to handle your own customers' information, you have your own obligations too, and we cover those in our Terms and Conditions.

The personal information we collect depends on how you use the Service. It can include:

Account and contact details. Your name, business name, email, phone number, role and login credentials when you create an account.

Billing information. Your billing details and a record of your payments, top-ups and balance. Card payments are processed by our payment provider, Stripe. We do not store your full card number on our systems.

Call audio, recordings and transcripts. When your AI voice agent takes or makes a call, we capture the audio, a recording, and a written transcript of the conversation, along with details like the phone numbers involved, call time and call length.

Information your callers give. This is the big one. When someone rings your business, the agent may collect their name, phone number, address, booking details, enquiry details and anything else they say on the call. You are responsible for that information and for telling your callers it is being collected and recorded. See section 4.

Integration data. If you connect a CRM or tool such as GoHighLevel, we sync the data needed to do the job, like leads, contacts, conversations, pipeline stages and bookings.

Usage and technical data. How you use the dashboard, device and browser details, IP address, log data, and cookies. We also keep records of account activity that help us spot fraud and misuse.

We collect most information directly from you when you sign up, set up an agent, top up your balance or contact support. We also collect information automatically as you use the Service, and from third parties you connect, like your CRM, your telephony number provider, and our payment provider.

Where it is reasonable and practical, we will collect personal information directly from the person it is about. Sometimes that is not possible, for example when a caller speaks to your agent. In those cases you act as the point of collection and these flows are governed by your own privacy practices as well as ours.

Sparkssurge records and transcribes calls by design. That is how the agent books jobs, qualifies leads and hands you an accurate summary. It is important you understand what that means.

Call recording in Australia is governed by the Telecommunications (Interception and Access) Act 1979 (Cth) and state and territory surveillance and listening devices laws. The rules differ between states. As a general rule, because the agent is a party to the call, recording is permitted, but the safest and expected practice is to tell people the call may be recorded.

Your responsibility. When you use Sparkssurge, you agree to inform your callers that calls may be recorded and transcribed, and to obtain any consent the law requires for your situation and location. You are responsible for setting an appropriate greeting or notice. If you are not sure what applies to you, get your own legal advice.

We use personal information to:

run and provide the Service, including powering your AI agents, transcribing calls and syncing your tools;

set up and manage your account, and provide support;

process payments, manage your balance and send billing notices;

keep the platform secure and detect fraud, scams and misuse (see section 6);

improve the Service, troubleshoot problems and measure performance;

send you service messages, and, where you have agreed, product updates; and

meet our legal, regulatory and tax obligations.

We will only use your information for a purpose you would reasonably expect, or a directly related purpose, unless you agree otherwise or the law allows or requires it.

Sparkssurge can be misused, so we watch for it. We reserve the right to monitor accounts, usage patterns, call metadata, content and other data on a regular and ongoing basis to detect and prevent fraud, scams, illegal activity and breaches of our Terms.

If we reasonably believe an account is being used for a scam, for fraud, or in a way that breaches the law or a regulation, we may suspend or close it immediately and, where appropriate, report it to the relevant authorities. The full detail of what happens to your account and balance in that situation is set out in our Terms and Conditions.

We do not sell your personal information. We share it only where we need to, including with:

Service providers and subprocessors who help us run the platform, such as cloud hosting, telephony and phone-number providers, AI and large language model providers, voice providers (for example ElevenLabs), transcription services, and our payment provider Stripe. They may only use the information to provide their service to us.

Your connected tools, such as your CRM, when you choose to integrate them.

Authorities and law enforcement, where we are required or permitted by law, or where we reasonably believe it is necessary to prevent or report fraud, scams or other illegal activity.

A buyer or successor, if we restructure, sell or transfer part of our business, subject to confidentiality.

Some of our service providers store or process data outside Australia, including in the United States and other countries. Where we disclose personal information overseas, we take reasonable steps to make sure it is handled consistently with the Australian Privacy Principles. By using the Service you acknowledge that information may be processed overseas by our providers.

We take reasonable steps to protect personal information from misuse, loss, and unauthorised access, including access controls, encryption in transit, and restricting who on our team can see what. No system is completely secure, so we cannot promise absolute security, but we treat your data seriously.

We keep personal information only for as long as we need it for the purposes above or to meet legal obligations. When we no longer need it, we take reasonable steps to delete it or de-identify it. You can ask us to delete call recordings or other data, and we will do so where we are not required to keep it.

If a data breach happens that is likely to cause serious harm, we will respond under the Notifiable Data Breaches scheme in the Privacy Act, which can include notifying affected individuals and the Office of the Australian Information Commissioner.

You can ask us for a copy of the personal information we hold about you, and you can ask us to correct it if it is wrong or out of date. Email us at privacy@sparkssurge.com.au and we will respond within a reasonable time. We may need to verify who you are first. In rare cases we can refuse access where the law allows, and if we do, we will tell you why.

We use cookies and similar technologies to keep you logged in, remember your preferences and understand how the dashboard is used. You can control cookies through your browser, but turning some off may break parts of the Service.

Sparkssurge is built for businesses and is not intended for anyone under 18. We do not knowingly collect personal information from children.

We may update this policy as the Service and the law change. When we do, we will update the date at the top, and for significant changes we will give you reasonable notice. Continuing to use the Service after a change means you accept the updated policy.

Questions, requests or privacy complaints can go to privacy@sparkssurge.com.au. We will acknowledge your complaint and work with you to sort it out.

If you are not satisfied with how we handle it, you can contact the Office of the Australian Information Commissioner (OAIC) at oaic.gov.au or on 1300 363 992.