Terms of Use & Privacy Policy

Terms of Use Spark Innovation Ltd. doing business as The BA Academy, its affiliates and its existing subsidiaries (if any) (“The BA Academy“, “we“, “our“, or “Company”) welcomes you (“User(s)”, or “you”) to our website at https://www.The BA Academy.com/ (“Site”). Our Site offers basic information on our company and technology and contact details if you wish to contact us. Each of the Site’s Users may use the Site in accordance with the terms and conditions hereunder. Please note, any services may be available and/or provided via our Site are subject to other and/or additional terms and conditions, and these Terms (as defined below) are solely related to you use of the Site, and the Site alone.

1. Acceptance of the terms By entering to, connecting to, accessing, or using the Site, you acknowledge that you have read and understood the following Terms of Use, including the terms of our Privacy Policy and any applicable notice thereof (collectively, “Terms“) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Site and you acknowledge that these Terms constitute a binding and enforceable legal contract between The BA Academy and you. If you do not agree to these terms, please do not enter, connect, access, or use the site in any manner.
2. The services The Site includes informative pages on our product and our Company. In addition, there are forms the Users may fill in, which include the “Contact Us” part – enabling Users to contact us in order to receive additional information about The BA Academy. To learn more about the information you provide us when filling in one or more of the forms, please visit our Privacy Policy. The information is provided voluntarily by the Users and is used solely for marketing purposes.
3. Use restrictions Certain conducts are strictly prohibited on the Site. Please read the following restrictions carefully. Your failure to comply with the provisions set forth may, at The BA Academy’s sole discretion, result herein in the termination of your access to the Site and may also expose you to civil and/or criminal liability.

You may not, whether by yourself or anyone on your behalf: (i) copy, scrape, modify, create derivative works of, adapt, emulate, translate, reverse engineer, compile, decompile or disassemble any portion of the content on the Site and any other information, documents, material and data available on the Site (collectively, “Content”) in any way, or publicly display, perform, or distribute the Content, without The BA Academy’s prior written consent; (ii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without The BA Academy’s prior written consent; (iii) create a browser or border environment around the Site and/or Content, link, including in-line linking, to elements on the Site, such as images, posters and videos, and/or frame or mirror any part of the Site, unless as expressly permitted hereunder; (iv) transmit, distribute, display or otherwise make available through or in connection with the Site any content, which may infringe third party rights, including Intellectual Property rights and privacy rights, or which may contain any unlawful content; (v) transmit or otherwise make available in connection with the Site, and/or use the Site to distribute and/or otherwise transmit any virus, worm, trojan horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vi) interfere with or disrupt the operation of the Site, or the servers or networks that host the Site or make the Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (vii) use the Content and/or the Site for any illegal, immoral or unauthorized purpose.

4. Privacy policy We respect the privacy of our Users and are committed to protecting the information you share with us in connection with the Site. Our policy and practices and the type of information collected are described in our Privacy Policy. If you intend to connect to, access, or use the Site you must first read and agree to the Privacy Policy.

5. License The Company is granting you with a limited, personal, not exclusive, non-assignable, not-tradeable, non-sub-licensable, fully and immediately revocable at Company’s discretion, license, to use the Site and any Content made available for you in the Site (“Materials”), all subject to the terms and conditions in this agreement. These Terms do not entitle you with any right in the Site or in the Content or Materials, rather than a limited right to use it in accordance herewith. The Materials are made available to you subject to the terms of Sections 3 above, for your own personal limited use and without derogating from the restrictions set forth under these Terms and in addition, thereto you may not: (a) distribute the Materials or any part thereof, directly or indirectly; (b) make or allow any third party to make any commercial use of the Materials; and (c) modify, add, subtract, aggregate or otherwise make any derivative work of the Materials or allow a third party to do so. You hereby agree that upon Company’s request you will immediately return all Materials, purge your systems from any Materials and ensure that no copies, extracts, or other reproductions are retained by you.

6. Feedback In the event that you provide The BA Academy with any suggestions, comments, or other feedback relating to Site and/or The BA Academy products and/or services (collectively, “Feedback”), such Feedback is deemed as the sole and exclusive property of The BA Academy and you hereby irrevocably assign to The BA Academy all of its rights, title and interest in and to all Feedback, if any, and waives any moral rights to it (or anyone on its behalf) may have in such Feedback. Without derogating from the foregoing, you hereby represent and warrant that you shall not provide any Feedback which is subject to any third-party rights or any limitations, and, without derogating from the foregoing, shall promptly inform The BA Academy as soon as it becomes aware of any third party right or limitation which may apply to Feedback already provided.

7. Intellectual property rights “Intellectual Property” means proprietary and intellectual property rights, including the Site, its logos, graphics, icons, images, as well as the selection, assembly and arrangement thereof, The BA Academy’s proprietary software, algorithms, and any and all intellectual property rights pertaining thereto, including, without limitation, inventions, patents, and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including “look and feel” of the Site and any part thereof), specifications, methods, procedures, information, know-how, data, technical data, interactive features, source and object code, files, interface and trade secrets, whether or not registered and/or capable of being registered, and any and all Feedback. The Intellectual Property is owned and/or licensed to The BA Academy, and is subject to copyright and other applicable intellectual property rights under Israeli laws, foreign laws, and international conventions. You may not copy, distribute, display, execute publicly, make available to the public, emulate, reduce to human-readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to The BA Academy’s proprietary rights, including The BA Academy’s Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms. “The BA Academy”and all logos and other proprietary identifiers used by The BA Academy in connection with the Site, (“The BA Academy Trademarks”) are all trademarks and/or trade names of The BA Academy, whether or not registered. All other trademarks, Site marks, trade names, and logos that may appear on or with respect to the Site belong to their respective owners (“Third Party Marks”). No right, license, or interest to The BA Academy Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to The BA Academy Trademarks or the Third Party Marks and therefore you will avoid using any of those marks, unless expressly permitted herein. You are hereby prohibited from removing or deleting any and all copyright notices, restrictions, and signs indicating proprietary rights of The BA Academy and/or its licensors, including copyright mark [©] or trademark [®or ™] contained in or accompanying the Site, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting, or staining any name, mark, or logo that is identical, or confusingly similar to any of The BA Academy marks and logos, whether registered or not.

8. Third party components The Site may use or include third party software, files, and components that are subject to open source and third party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the Site is subject to any applicable acknowledgments and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail only in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Site and The BA Academy disclaims all liability related thereto. You acknowledge that The BA Academy is not the author, owner, or licensor of any Third Party Components, and that The BA Academy makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance, or suitability of Third Party Components. Under no circumstances shall the Site or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source” or “publicly available” software.

9. Availability The Site’s availability and functionality depend on various factors, such as communication networks, software, hardware, and The BA Academy’s Site providers and contractors. The BA Academy does not warrant or guarantee that the Site will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access error-free.

10. Changes to the site The BA Academy reserves the right, at its sole discretion, to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Site (or any part thereof) without notice, at any time. In addition, you hereby acknowledge that the Content available through the Site may be changed, modified, edited, or extended in terms of content and form or removed at any time without any notice to you. You agree that The BA Academy shall not be liable to you or to any third party for any modification, suspension, error, malfunction, or discontinuance of the Site (or any part thereof).

11. How do you protect the privacy of children? The BA Academy does not warrant or make any representations regarding the use, the inability to use or operate, or the results of the use or operation of the site (or any part thereof). The BA Academy shall not be liable for any damages whatsoever, including, but not limited to, direct, indirect, special, incidental or consequential damages of any kind, whether it was caused consequently or in connection with the use of the site, whether or not the company had informed the user of such possible damage. The site (and any part thereof), including without limitation any content, data, and information related thereto, are provided on an “as is” and “as available” basis, without any warranties of any kind, express or implied, including warranties of title or non-infringement or implied warranties of use, merchantability or fitness for a particular purpose or use. The BA Academy disclaims and makes no representations or warranties as to the accuracy, quality, availability, reliability, suitability, completeness, truthfulness, usefulness, or effectiveness of any content available on our services. The BA Academy and its affiliates and/or its subsidiaries, including any of their respective officers, directors, shareholders, employees, sub-contractors, agents, par ent compani e s , sub s idiar I e s and othe r af filiates (collectively, “The BA Academy affiliates”), jointly and severally, disclaim and make no representations or warranties as to the usability, accuracy, quality, availability, reliability, suitability, completeness, truthfulness, usefulness, or effectiveness of any content, data, results, or other information obtained or generated in connection with your or any user’s use of the site. The BA Academy does not warrant that the operation of the site is or will be secure, accurate, complete, uninterrupted, without error, or free of viruses, worms, other harmful components, or other program limitations. The BA Academy may, at its sole discretion and without an obligation to do so, correct, modify, amend, enhance, improve and make any other changes to the site at any time, or discontinue displaying or providing any content or features without any notice to you. You agree and acknowledge that the use of the site, including use of and/or reliance on any content available through the site, is entirely, or otherwise to the maximum extent permitted by applicable law, at your own risk.

12. Limitation of liability in no event shall The BA Academy and/or any of the The BA Academy affiliates and/or subsidiaries be liable for any damages whatsoever, including direct, indirect, special, incidental or consequential damages of any kind, resulting from or arising out of the site, use or inability to use the site, failure of the site to perform as represented or expected, loss of goodwill, data or profits, the performance or failure of The BA Academy to perform under these terms, and any other act or omission of The BA Academy by any other cause whatsoever, including without limitation damages arising from the conduct of any users and/or third party sites. No action may be brought by you for any breach of these terms more than one (1) year after the accrual of such cause of action. As some states do not allow the exclusion or limitation of incidental or consequential damages, then such limitations only may not apply to a user residing in such states. Such limitations, exclusions, and disclaimers shall apply to all claims for damages, whether based on an action of contract, warranty, strict liability, negligence, tort, or otherwise. You hereby acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for The BA Academy’s site to you, and such limitations will apply notwithstanding the failure of essential purpose of any limited remedy, and even if The BA Academy and/or any The BA Academy affiliates has been advised of the possibility of such liabilities and/or damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction and in no event shall The BA Academy’s cumulative liability to you exceed amounts paid by you to The BA Academy for use of the site. If you have not made any payments to The BA Academy for the use of the site, then The BA Academy shall not have any liability towards you.

13. Indemnification You agree to defend, indemnify and hold harmless The BA Academy and any The BA Academy Affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees, and expenses (including attorney’s fees) arising directly or indirectly from (i) your use of the Site (or any part thereof); (ii) breach of any term of these Terms by you or anyone on your behalf; (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of (or inability to use) the Site; (iv) your violation of the Privacy Policy, any third party intellectual property rights, privacy rights or other rights through your use of the Site or provision of information; and (v) your violation of any applicable law or regulation.

14. Payment Plans Payment Plan: The Payment Plan allows you access to The BA Academy’s services and/or content (“Services”) for the mentioned cost. Payment Plan pricing and associated fees can be found on our website during the payment process.\

    Payment Information: By subscribing to the Payment Plan, you authorize The BA Academy to charge the payment method you provided (“Payment Method”) for the recurring Payment Plan. Payment will be billed on the date you subscribe to the Payment Plan, and on a recurring basis thereafter, depending on your Payment Plan. If your Payment Plan starts with a free trial or promotional period, you will be billed after the trial or promotional period ends, unless you cancel prior to the end of the trial or promotional period.\

    Billing Information: You are responsible for providing and maintaining accurate and up-to-date billing information. If your Payment Method is declined, you must update your billing information promptly. If we are unable to process your Payment Method for any reason, we reserve the right to suspend or terminate your access to the Services until the outstanding fees are paid.\

    Cancellation and Refunds: You may cancel your Payment Plan at any time by contacting our customer support. Upon cancellation, you will continue to have access to the Services until the end of your current billing period. Payments are non-refundable. However, if you believe you have been incorrectly billed or significantly unsatisfied, please contact our customer support within 30 days of the billing date to request an adjustment or refund. In cases where refunds are processed, the final refunded amount may be subject to minor fluctuations. These variations may arise due to differences in currency exchange rates at the time of the transaction and the time of the refund, as well as any applicable bank or financial institution fees and commissions. As such, we cannot guarantee an exact match in the refunded amount compared to the original transaction amount Termination: The BA Academy reserves the right to terminate your Payment Plan at any time for any reason, including, but not limited to, non-payment or breach of these Terms or any other applicable terms and conditions. In the event of termination, you will not be entitled to any refunds or credits for partial months or unused Services.\

    By subscribing to the Payment Plan, you acknowledge that you have read, understood, and agree to be bound by these Terms.

15. Amendments to the terms The BA Academy may change the Terms from time to time, at its sole discretion and without any notice. We will notify you regarding substantial changes of these Terms on the homepage of the Site and/or we will send you an e-mail regarding such changes to the e-mail address that you provided in the contact form. Such substantial changes will take effect seven (7) days after such notice was provided on our website or sent via email. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.

16. Minors To enjoy the Site, you must be over the age of sixteen (16). We reserve the right to request proof of age at any stage so that we can verify that minors under the age of sixteen (16) are not using the Site. In the event that it comes to our knowledge that a person under the age of sixteen (16) is using the Site, we will prohibit and block such User from accessing the Site and will make all efforts to promptly delete any Personal Information (as such term is defined in our Privacy Policy with regard to such User.

17. General These Terms do not, and shall not be construed to create any partnership, joint venture, employeremployee, agency, or franchisor-franchisee relationship between the parties hereto. Any claim relating to this Site or use of this Site will be governed by and interpreted in accordance with the laws of the State of Israel, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of this Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the District of Tel Aviv, Israel. If any provision of these Terms is found to be unlawful, void, or for any reason is unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms without The BA Academy’s prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms are the entire terms and conditions between you and The BA Academy relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and The BA Academy. Notices to you may be made via email or regular mail. This Site may also provide notices of changes to these Terms or other matters, by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

18. For information, questions, or notification of errors, please contact: If you have any questions (or comments) concerning the Terms or the Site, you are welcome to send us an email to the following address, and we will make an effort to reply within a reasonable time admin@thebaacademy.com

    Privacy Policy

    This privacy notice (the “Notice”) describes the ways that The BA Academy and its affiliates (collectively, “Company”, “we”, “us”, “our”), collects and uses your Personal Data as a candidate (“you” or “candidate”). We work with data processors to whom we have instructed to collect, store and process Personal Data on our behalf for the purposes of facilitating, assessing and operating your candidacy and recruitment process at the Company, for example, Comeet, as a recruiting and applicant tracking platform (“Platform”) in order to handle your personal data as a candidate. It also describes the rights and options available to you with respect to your personal data.

    We may have an additional privacy notice(s) explaining our own specific privacy practices related to your personal data (“Company Notice”).

    If you have any questions related to your personal data, please contact us at admin@thebaacademy.com

     

    1. PERSONAL DATA PROCESSEDWe receive Personal Data about you as a candidate for positions at the Company, such as: contact information, address, Curriculum Vitae (resumé) information (including information such as skills, work experience, education), notes or any other document submitted with the application, URL of your LinkedIn and other online profiles, the position for which you have been or are being considered, the source who submitted your candidacy (e.g., recruiting agency, referral), email correspondences between you, the Company and between the Company and other sources (such as recruiting agency and referrals) about your candidacy, information from references, events in the lifecycle of your candidacy, your responses to questionnaires sent to you by us, information about your candidacy and employment options (such as availability to be hired and salary expectations), evaluations of your candidacy, internal discussions within the Company about your candidacy, materials you or other parties (such as evaluators or background check providers) submitted in relation to your candidacy (collectively, “Personal Data”). If you submit your candidacy by email, or online, then you are the main source of the Personal Data. Your personal data can also originate from other sources, such as LinkedIn profile, recruitment agencies, headhunters and referrals.
    2. **HOW YOUR PERSONAL DATA IS USED. LEGAL BASIS.**We will use your personal data in accordance with our Company Notice (if any is made available to you), including to evaluate and consider you as a candidate for positions, in accordance with its processes and policies for evaluating employment candidates, to contact you for your candidacy status and interviews, to schedule meetings and interviews, amongst others.The lawful bases we rely on for processing personal information are (if applicable to us under privacy law):\
       1. You gave us your consent to the processing of your personal data (for one or more specific purposes);\
       2. Processing is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract;\
       3. Processing is necessary for the purposes of our legitimate interests; and/or\
       4. Processing is necessary for compliance with a legal obligation to which we are subject.If you have questions about these uses, please contact us.
    3. WHO WILL PROCESS YOUR DATA1. We may share your Personal Data with our service providers and vendors who assist us to collect, process and store your personal data as further described in our Company Notice, including, Comeet (who provides us with the Platform) in the context of your candidacy. These companies are authorized to use your personal data as necessary to provide these services or as otherwise authorized by us.
       2. Personal Data may be shared with, or transferred to, our affiliated corporate group entities (entities controlled by, under common control with, or controlling us, directly or indirectly).
       3. We may share your general recruitment status with third parties who submitted your candidacy to us.
       4. If your details are submitted to the Company by a third-party (such as an employee of the Company or a recruiting agency), the Company can give the third-party access to your name, photo and some of the general recruitment status.
       5. If you apply to a job opening using a unique referral link that was provided to you by an employee of the Company to which you are applying, the Company may share some of your general recruitment status, without identifying you by name, with the person that provided you the referral link.
       6. The purpose of sharing the above information is to operate incentive programs (i.e. employee referral bonus programs) of the Company and to provide feedback to third-parties who submit candidates to the Company regarding their submission.
       7. If we are required to disclose your Personal Data by a judicial, governmental and/or regulatory authority to comply with applicable laws, regulations and rules (including, without limitation, federal, state or local laws), and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order.
       8. If, in the future, we sell or transfer, or we consider selling or transferring, some or all of our business, shares or assets to a third party, we will disclose your Personal Data to such third party (whether actual or potential) in connection with the foregoing events.
       9. In the event that we are acquired by, or merged with, a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer, disclose or assign your Personal Data in connection with the foregoing events, including, in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or to another company.
    4. **SECURITY AND DATA RETENTION\
       1. Retention**. We will retain your Personal Data for as long as we need it to assess you as a candidate or as long as we have a valid legal basis (should any such legal basis apply to the processing of your Personal Data). In accordance with our internal data retention policies and practices, we can decide whether to keep your personal data, delete it or pseudonymize/anonymize it.
          2. Security. We implement industry standard measures to reduce the risks of damage, loss, unauthorized access, or use, of your Personal Data. Despite these measures, Company cannot provide absolute information security or eliminate all risks associated with Personal Data, and security breaches may happen. If there are any questions about our security practices, please contact us.
    5. INTERNATIONAL DATA TRANSFERSWe host your personal data in connection with our use of the Platform either in the US, in the country where we are located, or in countries deemed as providing an adequate level of data protection.
    6. YOUR RIGHTSYour rights may vary, depending on the applicable law. These rights may not be available in certain jurisdictions and/or may be subject to certain derogations or limitations. You may have the following rights:\
       1. To ask us to receive a copy of your Personal Data that is stored on our servers, including the Platform;\
       2. to update, correct and/or delete your Personal Data;\
       3. to request the restriction of processing concerning your Personal Data or to object the processing of your Personal Data;\
       4. to request to obtain a copy of your Personal Data in a structured, commonly used and machine-readable format;\
       5. If we rely on consent, please note that you have the right to withdraw consent at any time; and/or\
       6. to lodge a complaint with a supervisory authority.If you wish to exercise any of these rights, please contact us. If you choose to exercise any of your rights, we will handle these requests in accordance with applicable law but please note that exercise of some of those rights may have some consequences in your application as a candidate.In the context of the Platform we do not use any automated decision-making related to your Personal Data.
    7. MINORSWe do not intend to collect personal data of children. If you have reason to suspect that personal data pertaining to children under the age of 16 is collected, you are kindly requested to immediately report it to us. If you have questions regarding children’s personal data contact us.
    8. CHANGES TO THIS PRIVACY NOTICEFrom time to time, we may change or update this Notice. If we do so, we will make efforts to notify you of such changes by any means.
    9. CONTACT USYou may send requests, responses, questions and complaints by contacting us using the information provided below.