BarkHappy Inc.
Privacy Policy
Last updated: June 1, 2016.
1. Introduction: Please read the following to learn more about the BarkHappy Inc. (“we” or “BH”) Privacy Policy. This Privacy Policy is hereby incorporated into the BH Terms of Use, available at: https://barkhappy.com/terms/.
We recognize the importance of protecting any information collected from the users (each, a “User” or collectively, “Users;” also referred to herein as “you”) of our App, and we’ve adopted this Privacy Policy to inform our Users about the types of information we gather about a User while using our App, how we may use that information, whether we disclose it to anyone, and the choices a User has regarding use of and correction of the information.
Please contact us at info@barkhappy.com if you have questions about our Privacy Policy, or if there is anything in this Privacy Policy you do not understand.
The BarkHappy website, www.barkhappy.com (the “Website”), and mobile app (the “App”) are intended for use by adults that have dogs.
IF YOU HAVE NOT REACHED THE AGE OF MAJORITY IN THE TOWN, CITY, STATE, PROVINCE, COUNTRY OR OTHER LEGAL JURISDICTION WHERE YOU RESIDE, YOUR LEGAL GUARDIAN MUST READ AND ACCEPT THE BARKHAPPY TERMS OF SERVICE AND PRIVACY POLICY ON YOUR BEHALF.
IF YOU, OR YOUR GUARDIAN ON YOUR BEHALF, DO NOT WISH TO BE BOUND BY THE TERMS OF SERVICE, INCLUDING THIS PRIVACY POLICY, PLEASE QUIT THE APP NOW AND DO NOT DOWNLOAD, ACCESS OR USE THE BARKHAPPY APP, WEBSITE OR RELATED CURRENT AND FUTURE SERVICES.
2. Effective Date: The Privacy Policy detailed here applies to all information that a User may have obtained from or provided to BH. BH reserves the right, at our and without prior notice, to change, modify, amend, add, subtract, or otherwise remove portions of its Privacy Policy at any time and for any or no reason. Although BH may, at its sole discretion, attempt to email Users a copy of the revised Privacy Policy at the email address on file, if any, please periodically check the Privacy Policy at www.BarkHappy.com/privacy for any changes. Such modifications will apply to disputes arising under the Privacy Policy from the date of posting forward. If you continue to use the App after we post any amendments, deletions or other changes to the Privacy Policy, your continued use will constitute acceptance, acknowledgment and agreement to the changes to the Privacy Policy.
3. Types of Data: For purposes of this Privacy Policy, “personal data” means personally identifiable information that specifically identifies a User as an individual. “Non-personal data” means information that does not directly identify a User as an individual. Additionally, non-personal data means “aggregate” and “de-personalized” information, which is data BH collects about the use of the App, from which any personally identifiable data has been removed.
4. Information You Provide to BH: A User may make personal data available to BH such as, for example: (i) when a User signs in with Facebook, your name, location, age, relationship status are shared with BH to prefill your profile; (ii) when a User clicks on markers in the App, does a search, or navigates to a point of interest; interacts with other users/dogs and sends messages or meeting invites, and checks into locations, related information is shared with BH; (iii) when a User requests technical support; or (iv) otherwise through use of the App where personal data is required for use and/or participation. The types of personal data collected may vary depending on the type of activity the User is engaged in. The personal data BH may collect, process and use may include, but are not limited to, the User’s name, age, and gender; dog information such as breed, age, likes/dislikes; e-mail address; photos of the User or such User’s dog(s); and location data. Some of this personal data will be used to enhance in-App experiences such as User offers, deals and events based on User location, profile information, dog type and dog preferences.
5. Other Information BH Collects and Uses: BH may use tools or third party analytical software to automatically collect and use certain data including, but not limited to: (i) device properties, including, but not limited to IP address, Media Access Control (“MAC”) address and unique device identifier or other persistent or non-persistent device identifier (“Device ID”); (ii) device software platform and firmware; (iii) mobile phone carrier; (iv) App usage, search information and information regarding meetings with other Users, (v) other non-personal data as reasonably required by BH to enhance use of the App and other BH products and services.
6. Use and Sharing of Personal and Non-Personal Data: BH may use and disclose personal and non-personal data in accordance with applicable legislation and this Privacy Policy. Additionally, BH may disclose personal data to any affiliates and subsidiaries.
BH may disclose personal and non-personal data to its partners and contractors for purposes of analyzing usage of the App and other BH products and services, providing User and technical support, managing and providing the Service, customizing BH’s communications, and to further develop the App and other BH products and services. When BH shares this information, it is with vendors and other service providers who are engaged by or working with BH in connection with the operation of the services BH provides to the User and/or for analytics purposes.
BH may use personal data to send rewards and offers via email, within the App or by mail or other delivery services to Users at the home address provided by a User if any in-App purchases of products are made. BH may use personal data provided by a User to send messages to the User within the App with informative and/or commercial content about BH’s services or third party products and services which BH thinks may be of interest to the User, such as new features and services, special offers and updated information. In addition, if a User has consented to receiving push notifications, BH will share the data collected with its vendors for the purpose of delivering approved push notifications.
If a User contacts BH by email, BH will use the personally-identifiable email address information only to respond to the specific inquiry. BH may use “cookies” and other technologies such as pixel tags, locally shared objects, clear GIFs and web beacons. BH treats information collected by cookies and similar technologies as non-personal data.
Cookies: A “cookie” is a small bit of record-keeping information that websites often store on a User’s computer. BH’s cookies do not include personal data and are typically used to quickly identify a User’s device and to “remember” the User. Users can disable cookies or set their browsers to alert them when cookies are being sent to their device; however, disabling cookies may affect their ability to use the App.
Web beacons and pixel tags: A “web beacon” or a “pixel tag” is an electronic image that allows BH to count Users who have visited certain pages or viewed certain advertisements. Web beacons, like cookies, do not include personal data. E-mails and other electronic communications BH sends to a User may contain pixel tags that enable BH to track a User’s usage of the communication, including whether the communication was opened and/or what links were followed, if any.
From time to time, BH may hire agents and contractors to collect and process personal data on BH behalf and in such cases such agents and contractors will be instructed to comply with our Privacy Policy and to use personal data only for the purposes for which the third party has been engaged by BH. These agents and contractors may not use a User’s personal data for their own marketing purposes. BH may use third party service providers such as credit card processors, e-mail service providers, shipping agents, data analyzers and business intelligence providers. BH has the right to share Users’ personal data as necessary for the aforementioned third parties to provide their services for BH. BH is not liable for the acts and omissions of these third parties, except as required by law.
BH may disclose a User’s personal data to third parties as required by law enforcement or other government officials in connection with an investigation of fraud or other activity that is illegal or may expose a User or BH to legal liability. BH may also disclose a User’s personal data to third parties when BH has a reason to believe that a disclosure is necessary to address potential or actual injury or interference with BH’s rights, property, operations, Users or others who may be harmed or may suffer loss or damage, or if BH believes that such disclosure is necessary to protect BH’s rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on BH. To the extent permitted by applicable law, BH will make reasonable efforts to notify affected Users of such disclosure through the Website or in another reasonable manner.
BH may store and/or transfer User personal data to its affiliates and partners in and outside of the United States in accordance with local regulations and this Privacy Policy. BH may disclose User personal data to third parties in connection with a corporate merger, consolidation, restructuring, the sale of BH ‘s stock and/or assets or other corporate change, including, without limitation, during the course of any due diligence process provided, however, that this Privacy Policy shall continue to govern such personal data.
When a User discloses data about him or herself throughout the course of contributing User-generated content or participating in support forums, community blogs or fan pages, the information disclosed is public information, and there is no expectation of privacy or confidentiality. BH is not responsible for any personal data a User makes public in any of these forums.
7. Third Party Terms and Conditions: A User’s access to and use of the App and other BH products and services may be subject to certain third party terms and conditions and privacy policies, including but not limited to application stores, mobile software platforms, social networking services and payment providers. BH is not liable for any such third party terms and conditions and their use of Users’ personal data, and if you use a third party website or service, you do so at your own risk. For payments of Lost and Found contributions, BarkHappy uses Stripe. Their Terms can be found here: https://stripe.com/us/terms
8. Data Retention and Accuracy: BH retains the data collected pursuant to this Privacy Policy for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. Thereafter if the collected data is no longer needed for purposes specified in this Privacy Policy, BH deletes all aforementioned data in its possession within a reasonable timeframe. BH does not verify the accuracy of personal data. BH may still retain some of the data to the extent such retention is necessary to resolve disputes, enforce BH User agreements, and comply with technical and legal requirements and constraints related to the security, integrity and operation of the Service. For payments of Lost and Found contribution donations, BarkHappy does not save the Credit Card information of the user.
9. Security: BH follows generally accepted industry standards and maintains reasonable safeguards to attempt to ensure the security, integrity and privacy of the information in BH’s possession. Only those persons with a need to use personal data in connection with the fulfillment of their tasks in accordance with the purposes of this Privacy Policy and for the purposes of performing technical maintenance have access to Users’ personal data in BH’s possession. Personal data collected by BH is stored in secure operating environments that are not available to the public. To prevent unauthorized on-line access to personal data, BH maintains data within a protected environment. While BH exercises reasonable care and due diligence in providing a secure conduit of information between a User’s computer or other device and its servers, BH cannot and does not guarantee the security of materials or information transmitted to BH or other Users over the Internet or wirelessly. Therefore, while BH will attempt to protect the transmission of any information using methods that comply with the industry standards, BH does not accept liability for any unintentional disclosure of same.
10. Children’s privacy
The Website, App and all other BH products and services are general audience services meant for persons with dogs who are at least of the age of majority in the legal jurisdiction where they reside.
BH restricts the use of the Website, the App and all other BH products and services to individuals age 13 and above. We do not knowingly collect, maintain or use personal information from children under the age of 13. If you become aware that your child has provided us with personal data without your consent, please contact us at info@barkhappy.com. If we become aware that a child under the age of 13 has provided us with personal data, we take steps to remove such information and terminate the related account.
For California Residents:
If you are a California resident, California Civil Code Section 1798.83 allows you to request information regarding the disclosure of your personal information by certain members of BH to third parties for the third parties’ direct marketing purposes. With respect to these entities, this Privacy Policy applies only to their activities within the State of California. To make such a request, please send an email to info@barkhappy.com or write us:
BarkHappy Inc.
300 S. Lamar Blvd
Austin, TX 78704
USA
11. Further Information: Users that have questions about this Privacy Policy or that wish to opt-out from receiving communications (such as any newsletters or offers) from BH, should contact info@barkhappy.com. Please note that some BH communications cannot be opted out of, as they are necessary to use of the Website, App or other BH products and services.
BH makes good faith efforts to enable Users to review, update or correct any personal data in BH’s possession. Users should contact BH at info@barkhappy.com to review, update or correct any personal data. BH will need sufficient information from the User to validate the User’s identity and to verify the User’s access, and also to assist in handling the User’s request. Even if personal data is changed or deleted according to a User request, BH may still retain some of User personal data to resolve disputes, enforce BH user agreement(s), and comply with technical and legal requirements and constraints related to the integrity, security and operation of the products and services provided by BH.
Please contact BH for any additional information at:
BarkHappy Inc.
300 S. Lamar
Austin, TX 78704
USA
or
info@barkhappy.com