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Last updated: July 1, 2019
COLLECTION OF YOUR PERSONAL INFORMATION
We will collect personal information from you (like your name, date of birth, email address, credit card information, phone number, delivery address and any information regarding your pet including your pet’s name, gender, age and health information) when you register for an account (collectively, your "Personal Information").
Information about your computer or mobile device hardware and software may be automatically collected by BarkBiome. This information can include: your IP address, device identifier, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the BarkBiome website.
BarkBiome encourages you to review the privacy statements of websites you choose to link to from BarkBiome so that you can understand how those websites collect, use and share your information. BarkBiome is not responsible for the privacy statements or other content on websites outside of the BarkBiome website.
Your information will be transferred to and maintained on computers located in the United States (or any other country where we operate) and processed there – by providing us with your information, you are accepting and agreeing to that transfer.
USE OF YOUR PERSONAL INFORMATION
BarkBiome collects and uses your Personal Information to operate its website and deliver the services and products you have requested.
Your information may be accessed and used by our service providers who are working with us in connection with the operation of our business (these service providers may have access to your information but only to the extent necessary to perform services on our behalf and are obligated not to disclose that information or use it for any other purposes).
BarkBiome may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to BarkBiome, and they are required to maintain the confidentiality of your information.
BarkBiome may keep track of the websites and pages our users visit within BarkBiome, in order to determine what BarkBiome services are the most popular. This data is used to deliver customized content and advertising within BarkBiome to customers whose behavior indicates that they are interested in a particular subject area.
BarkBiome will disclose your Personal Information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on BarkBiome or the site; (b) protect and defend the rights or property of BarkBiome; and, (c) act under exigent circumstances to protect the personal safety of users of BarkBiome, or the public.
We may transfer and/or provide information about our users in connection with an acquisition, sale of company assets, or other situation where user information would be transferred as one of our business assets.
The BarkBiome website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize BarkBiome pages, or register with BarkBiome site or services, a cookie helps BarkBiome to recall your specific information on subsequent visits. When you return to the same BarkBiome website, the information you previously provided can be retrieved, so you can easily use the BarkBiome features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the BarkBiome services or websites you visit.
ACCESSING YOUR PERSONAL INFORMATION
You can access and modify the information you provided us through your account. If you completely delete all such information, then your account will become deactivated and you will not be able to access our services. If you would like us to delete Personal Information about you from our system, please contact us with a request that we delete your Personal Information from our database. We will use reasonable efforts to honor your request; however, we may retain an archived copy of your information as required by law and/or for record keeping purposes.
SECURITY OF YOUR PERSONAL INFORMATION
We employ administrative, physical and electronic measures designed to protect your information from unauthorized access, however, despite these efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. In the event that your Personal Information is compromised as a result of a breach of security, we will promptly notify you if your Personal Information has been compromised, as required by applicable law.
When Personal Information is transmitted over the network, it is protected through the use of encryption, using the Secure Sockets Layer (SSL) protocol.
MOBILE APPLICATION AND WEBSITE POLICY ONLY
Our website(s) and mobile application(s) are intended for adults. We do not knowingly collect information from children under the age of thirteen.
RETENTION OF YOUR PERSONAL INFORMATION
We will store the Personal Information you provide for as long as we believe is necessary or appropriate (i) to carry out the purpose(s) for which we collected it, or (ii) to comply with applicable laws, contracts, or other rules or regulations.
OPT-OUT & UNSUBSCRIBE
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from BarkBiome by contacting us here:
Phone: (512) 522-6165
CHANGES TO THIS STATEMENT
BarkBiome will occasionally update this Statement of Privacy to reflect company and customer feedback. BarkBiome encourages you to periodically review this Statement to be informed of how BarkBiome is protecting your information.
BarkBiome welcomes your questions or comments regarding this Statement of Privacy. If you believe that BarkBiome has not adhered to this Statement, please contact BarkBiome at:
Phone: (512) 522-6165
Effective as of July 1, 2019
BarkBiome Terms of Service
Last updated: July 1, 2019
1. Agreement to Terms of Digital Services of BarkBiome (“Company”)
Please read these Terms of Digital Services (these “Terms”) carefully before using BarkBiome’s website(s) and/or any mobile application(s) (the “Digital Services”). Your access to and use of the Digital Services is conditioned upon your acceptance of and compliance with these Terms.
By accessing or using the Digital Services you agree to be bound by these Terms. If you do not agree with these Terms, then you do not have permission to access or use the Digital Services.
BarkBiome may change, modify, add or remove portions of these Terms at any time. You should periodically check these Terms for changes. Your continued use of Digital Services following the posting of any changes to these Terms will mean that you accept and agree to such changes. As long as you comply with these Terms, BarkBiome grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Digital Services.
2. Content and Intellectual Property
All information, data, software, photographs, graphics, videos, text, images, logos, typefaces, sounds and other material (collectively “Content”), including but not limited to the selection, coordination, arrangement and enhancement of such Content, contained on the Digital Services is owned, controlled or licensed by or to BarkBiome, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms, no part of the Digital Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without BarkBiome’s express prior written consent.
You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends or other proprietary rights notices.
3. Health-Related Content
Any health-related Content on BarkBiome’s Digital Services that describes general principles of health care should not be construed as specific instructions for individual pets. It is not intended as a substitute for a consultation with your veterinarians, and should not be used to diagnose or treat a health problem without consulting your veterinarian. It is for reference only and should not be used to determine treatment for specific medical conditions – because only a health care provider can do that. BarkBiome’s Digital Services and their health-related information and resources are not intended and must not be taken as the rendering of medical or professional health care advice or services, or the practice of medicine or professional health care in any jurisdiction. You should discuss the information provided with a veterinarian or other licensed health care professional. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions and contraindications before administering or using any device, drug, herb, vitamin or supplement discussed on BarkBiome’s Digital Services.
You understand and agree that in no event will BarkBiome be liable for any decision made or action taken in reliance on the information contained on, or accessible through, BarkBiome’s Digital Services. Reliance on any information provided by, or otherwise appearing on, BarkBiome’s Digital Services is solely at your own risk.
Proper treatment of health conditions of your pets depends upon a number of factors, including, but not limited to, your pet’s medical history, diet and medication regimen. Your veterinarian or your health care provider can best assess and address your pet’s health care needs. You should consult with your health care provider before starting a new diet or supplement regimen for your pet.
4. Links to Third Party Sites
BarkBiome’s Digital Services may contain links to other third-party websites. These links are provided solely as a convenience to you and not as an endorsement by BarkBiome of the contents on such third-party websites. BarkBiome is not responsible for the content of linked third-party sites and does not make any representation regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party website, you do so at your own risk.
6. Electronic Communications
When you use BarkBiome’s Digital Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting messages or notices within BarkBiome’s Digital Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
7. Orders and Subscriptions
Order Acceptance: The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. BarkBiome reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on our Digital Services are subject to change without notice. Errors will be corrected when discovered and BarkBiome reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Digital Services. BarkBiome reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at BarkBiome's sole discretion.
Subscription Service: When you register for a continuous subscription, you expressly acknowledge and agree that (a) BarkBiome (or our third party payment processor) is authorized to charge you a recurring basis for your subscription (in addition to any applicable taxes and other charges) for as long as your subscription continues and (b) your subscription is continuous until you cancel it or we suspend or stop providing access to the sites or products in accordance with these terms. You may freeze/cancel your subscription at any time by emailing us at email@example.com. Request must be received by 11:59am on the day your card is typically charged to take effect the following week. You are responsible for all subscription charges (in addition to any applicable taxes and other charges) incurred before the effective date of your request. In the event you freeze or cancel your subscription, please note that we may still send you promotional communications unless you opt out of receiving those communications by following the accompanying unsubscribe instructions or contact us.
8. Your Conduct
You must be at least 18 years of age to use the Digital Services. You agree not to interrupt or attempt to interrupt the Digital Services’ operation or any other person’s use of the Digital Services in any way. Any conduct by you that, in our sole discretion, restricts, inhibits or interferes with the ability of any other user to enjoy the Digital Services will not be permitted, including by means of hacking or defacing any portion of the Digital Services, or by engaging in password “mining,” spamming, flooding or other disruptive activities.
You may not use the Digital Services or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of BarkBiome or others. You are prohibited from posting on or transmitting through the Digital Services any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent or racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. You may not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Digital Services or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Digital Services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Digital Services.
BarkBiome reserves the right to terminate or suspend your access to and use of the Digital Services without notice, if we believe, in our sole discretion, that it is in violation of these Terms or any applicable law or it is harmful to our interests or the interests, including intellectual property or other rights, of another user or other third-party.
9. Accounts, Passwords and Security
Certain information or services offered on or through the Digital Services may require you to create an account (including setting up a User ID and password). You are responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the Digital Services using your account or User ID. BarkBiome cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
For your account, you agree to provide true, accurate, current and complete information about yourself. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of the Digital Services. Because any termination of your access to the Digital Services may be effected without prior notice, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Digital Services.
Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to your account or the Digital Services.
By using the Digital Services, you also acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to through the Digital Services may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
10. Phone Policy
By providing your phone number (wireless or landline) to BarkBiome, you expressly consent to BarkBiome calling you at this phone number—in person or through an automated system.
YOUR USE OF THE CONTENT AND THE DIGITAL SERVICES IS AT YOUR OWN RISK. THE CONTENT AND THE DIGITAL SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. BARKBIOME DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. BARKBIOME DOES NOT WARRANT THAT: (I) YOUR USE OF THE DIGITAL SERVICES WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE DIGITAL SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; OR (III) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE DIGITAL SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE DIGITAL SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL. YOUR SOLE REMEDY AGAINST BARKBIOME FOR DISSATISFACTION WITH THE DIGITAL SERVICES OR ANY CONTENT IS TO STOP USING THE DIGITAL SERVICES OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
BarkBiome reserves the right to do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Digital Services, or any portion of thereof, for any reason; (ii) to modify or change the Digital Services, or any portion of thereof, and any applicable policies or terms; and (iii) to interrupt the operation of the Digital Services, or any portion of thereof, as necessary to perform routine or non-routine maintenance, error correction or other changes.
12. Limitations of Liability
IN NO EVENT WILL BARKBIOME OR ITS DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS OR THIRD PARTY VENDORS, BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE DIGITAL SERVICES OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY SUCH DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, DEATH, LOST PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE OF GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE DIGITAL SERVICES, THE CONTENT OR RELATED SERVICES, SUSTAINED BY ANY PERSON OR ENTITY, WHETHER OR NOT THERE IS NEGLIGENCE BY BARKBIOME AND WHETHER OR NOT BARKBIOME HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF BARKBIOME, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR THIRD-PARTY VENDORS (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE GREATER OF $100.00 OR THE AMOUNT YOU HAVE PAID TO THE RESPECTIVE PARTY FOR THE DIGITAL SERVICES. BARKBIOME IS NOT LIABLE FOR THE UNAUTHORIZED USE OF OUR CONTENT BY ANY OTHER WEB SITES.
You agree to indemnify and hold BarkBiome, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against BarkBiome by any third-party due to or arising out of or in connection to your violation of these Terms, or with your use of the Digital Services.
14. Governing Law; Choice of Forum; Dispute Resolution
If any part of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not affect any other provision of these Terms, all of which remain in full force and effect. You agree that all matters, including all disputes, relating to your access to or use of the Digital Services, including its Contents, will be governed by the laws of the State of New Jersey without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts for Essex County, New Jersey, and waive any objection to such jurisdiction or venue. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between BarkBiome and you arising out of or in connection with your access to or use of BarkBiome’s information or the Digital Services, including its Contents, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
15. General Information
BarkBiome may elect to monitor areas of the Digital Services by electronic or other means and may disclose any Content, records, submissions or electronic communication of any kind (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate the Digital Services; or (iii) to protect our rights or property or the rights of the users, sponsors, providers, licensors or merchants. We are not responsible for screening, policing, editing or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or to request the removal of such Content from the Digital Services.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and BarkBiome as a result of these Terms or use of the Digital Services. 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.
BarkBiome welcomes your questions or comments regarding these Terms. If you have any questions or comments, please contact BarkBiome at:
Phone: (512) 522-6165
1309 U.S. 22, Suite 301
Lebanon, NJ 08833
Effective as of July 1, 2019