Copy of Privacy Policy

TERMS OF SERVICE

OVERVIEW

This website (“Site”) is operated by Poly & Bark and its affiliates and related entities (“Poly & Bark”, “Company”, “we”, “us” and “our”). Poly & Bark offers this Site, including all products, information, tools, web pages, and services available from this Site (collectively, the “Services”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.  

By accessing, browsing, or otherwise using the Services, you agree to be bound by these terms and conditions (“Terms of Service”, or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our Services. If you do not agree to these Terms of Service, then you may not access or use any Services. 

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

THESE TERMS OF SERVICE, THE PRIVACY STATEMENT, AND ALL OTHER DOCUMENTS REFERENCED HEREIN GOVERN THE RELATIONSHIP BETWEEN YOU AND COMPANY WITH RESPECT TO YOUR USE OF THE SERVICES.  YOU AGREE THAT THE AGREEMENT FORMED BY THESE TERMS OF SERVICE IS LIKE ANY WRITTEN, NEGOTIATED AGREEMENT SIGNED BY YOU, AND YOU AGREE TO BE BOUND BY, AND FULLY COMPLY WITH, ITS TERMS.  YOU REPRESENT AND WARRANT THAT YOU HAVE ALL NECESSARY RIGHTS, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO PERFORM AND OTHERWISE DISCHARGE ALL OF YOUR OBLIGATIONS HEREUNDER, WHETHER ON BEHALF OF YOURSELF OR ANY ENTITY THAT YOU REPRESENT.  

NOTICE OF ARBITRATION: Please read the following Terms of Service carefully as they affect your legal rights.  These Terms of Service contain a binding arbitration provision set forth below in Section 19.  Except where prohibited by applicable law, these Terms of Service require you to arbitrate disputes with us rather than resolve disputes through a judge or jury trial, or any court proceedings, or class actions of any kind.  By accessing, or using the Services, you hereby waive any and all rights to initiate or participate in any class action lawsuit or representative action with respect to any disputes or claims arising out of or relating to these Terms of Service or the Services.

SECTION 1 – JURISDICTION; ONLINE STORE TERMS

If you are residing in a jurisdiction that restricts the ability to enter into agreements such as those set out in these Terms of Service, then you may not enter into this agreement, and shall not access or use the Services.

Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities or services offered by the Services, you may not enter this agreement and shall not access or use the Services.  By using the Services, you represent and warrant that you have verified in your own jurisdiction if your use of the Services is allowed.

We make no—and you acknowledge that we make no—representation that the Services or the materials on the Services are appropriate or available for use in all locations.  Those who choose to access the Services do so on their own initiative and at their own risk and are responsible for compliance with state and local laws, if and to the extent state and local laws are applicable.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

SECTION 2 - GENERAL CONDITIONS; INTERNET SOFTWARE OR COMPUTER VIRUSES; COPYRIGHT INFRINGEMENT

We reserve the right to refuse Services to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained in the Services.  Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from the Services. Company shall not be responsible or liable for any software, computer viruses or other destructive, harmful, or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Services, or your downloading of any user materials or other content from the Services.  We recommend that you install appropriate anti-virus or other protective software. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use the Services, or access the Services or any contact on the website through which the Services are provided, without express written permission by us.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

If you know or suspect that any of the materials on the Services have been used or copied in a way that constitutes copyright infringement, please send notice to our designated agent identified below.  According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), your notice must comply with the following requirements:

 

  • A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a notification, a representative list of such works at that site;

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

  • Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;

  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owners, its agent, or the law; and

  • A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The designated agent for notice of copyright infringement claims may be reached as follows: legal@polyandbark.com. 

 

The preceding information is provided exclusively for notifying us that your copyrighted material may have been infringed.  All other inquiries, such as questions related to items available for purchase on the Services and requests or concerns regarding improper content, will not receive a response through this process.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We use commercially reasonable efforts to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.

Any material downloaded or otherwise obtained through the Services is done at your own discretion and risk.  You are and will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Notwithstanding the above, we undertake no obligation to update, amend or clarify information in the Services or on any related website, including, without limitation, pricing information, except as required by law.  No specified update or refresh date applied on the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICE

We reserve the right at any time to modify or discontinue: (i) these Terms of Service; (ii) the Services (including terminating, eliminating, supplementing, modifying, adding, or discontinuing any part or content thereof); (iii) the equipment, hardware, software required to use and access the Services; and (iv) prices for the Services or products made available therein.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services, or any items made available on the Services.

Any changes we make to these Terms of Service will be effective immediately upon notice, which we may provide by any means, including, without limitation, posting on the Services.  Your continued use of the Services after such notice will be deemed acceptance of such changes.  Be sure to return to the Services periodically to ensure you are familiar with the most current version of these Terms of Service.

You may not interfere with the security of, or otherwise abuse the Services or any system resources, services, or networks connected to or accessible through the Services.  You may only use the Services for lawful purposes and are prohibited from using the Services in a manner that is contrary to or in violation of these Terms of Services.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: Refund Policy

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.

SECTION 6 - ACCURACY OF PRICING, BILLING AND ACCOUNT INFORMATION; ACCOUNT SUSPENSION, DEACTIVATION, AND TERMINATION

The Services are only for personal or internal business use.  You may not use the Services in any way that is unlawful, that violates these Terms of Service, or that harms us or any other person or entity, as determined in our sole discretion.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

All prices and estimates for the Services and fees or offers through the Services are quoted and shall be processed in U.S. Dollars. While we try to ensure pricing and shipping cost accuracy, errors may occur and we reserve the right, but are not obligated, to correct any errors in pricing, free shipping, or descriptions and to cancel any order based on an incorrect price, description, or shipping price. Such corrections may be made even after an order is accepted. If the price or related information for the Services (whether in an estimate or otherwise) is incorrect due to an error in pricing or other information, we may, at our sole discretion, refuse or cancel the Service provided to you, whether before or after the acceptance thereof.  If there is such an error in pricing or other information, we will cancel the Services and reverse any charges that have been applied, then contact you to ask you to place a new order for Services at the correct price.

To create or activate an account (or to request to create an account) where such an option is made available to you, you will be required to submit certain information and to establish a username and password. You are responsible for maintaining the confidentiality of any information you use in connection with the Services, including your username and password. You are responsible for all activity on your account. If you believe someone else has accessed your account, please change your password and notify us immediately using the contact information below under “Contact Information.” You must also notify us immediately if you are contacted by anyone requesting your username or password. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy: Refund Policy

Company may, at any time and for any reason, in its sole discretion, suspend, deactivate, or terminate your account or your access to or use of the Services, and may terminate these Terms of Service, without notice or liability, including if you breach these Terms of Service, upon any unauthorized use of your account, username, or password, if you act in an abusive manner, if you act in a manner inconsistent with applicable laws or regulations, or if it becomes no longer commercially viable to provide the Services to you. If we suspend, deactivate, or terminate your account, you will not create another account without our prior written permission.  You may terminate your account at any time by selecting that option on the Services or contacting us using the contact information below under “Contact Information.” You understand that, after termination of your account, your use of the Services, or these Terms, any User-Generated Content you have provided may remain in our systems and may continue to be used by other Services users, as applicable.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS; USER-GENERATED CONTENT

The Services may allow you to provide User-Generated Content, including without limitation by posting reviews, providing feedback, creative ideas, suggestions, proposals, plans, or other materials, or participating in forums by uploading or providing photographs or other media, whether online, by email, by postal mail, or otherwise (collectively, 'User-Generated Content'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any User-Generated Content that you provide to us or through the Services. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove User-Generated Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. The Company reserves the right to impose limits on Services features (e.g., the ability to provide User-Generated Content) and to restrict your access to all or parts of the Services at any time for any reason, including any breach of these Terms. You understand that, even after removal or deletion, User-Generated Content you have provided may remain viewable to and may have been copied or stored by other Services users and members of the public.

You, alone, are responsible for all User-Generated Content that you provide and for the legality, originality, and appropriateness thereof. User-Generated Content is not generated by the Company. By providing User-Generated Content you represent and warrant that you are the creator and owner of that User-Generated Content or that you otherwise have the full ability and all legal rights, permissions, and consents necessary to provide that User-Generated Content as contemplated by these Terms. You agree that your User-Generated Content will not violate any rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your User-Generated Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. We take no responsibility and assume no liability for any comments posted by you or any third-party. By providing User-Generated Content, you hereby waive, and agree not to, claim that any use of that User-Generated Content by us, any Services user, or any third party infringes or violates your or any person’s intellectual property rights (including copyright), rights of privacy, rights of publicity, or other rights. Subject to the right and license granted to Company below, you retain any copyright or other intellectual property rights you may have in User-Generated Content that you provide.

If you provide User-Generated Content, you agree to grant and you hereby grant Company a perpetual, irrevocable, transferable, assignable, sublicensable, royalty-free, fully paid-up, worldwide right and license to copy, modify, adapt, reformat, reorganize, translate, excerpt, prepare derivative works of, store, publish, perform, display, license, exploit (commercially or otherwise), and otherwise use and distribute, in all media and distribution methods now known or later developed, that User-Generated Content for purposes of making it available to other Services users and the public and for Company’s own business purposes (including, without limitation, aggregation, analytics, marketing, development of products and services, and for commercial purposes). Notwithstanding the foregoing and for the avoidance of doubt, we will use and disclose information that reasonably identifies a natural person only to the extent permitted by applicable law.

SECTION 10 - PRIVACY

The Company is committed to respecting the privacy of the personal information of the individuals with whom we interact. Your submission of personal information through the store is governed by our Privacy Statement, which can be viewed here: Privacy Statement

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right, but have no obligation, to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using or accessing the Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of or access to the Services or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE SERVICES, INCLUDING, WITHOUT LIMITATION, THIS WEBSITE AND PLATFORM THAT COMPANY PROVIDES, USER-GENERATED CONTENT, AND THE COMPANY MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, ACCURACY, QUALITY, TITLE, VALIDITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.  THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, THIS WEBSITE OR PLATFORM, THE PRODUCTS, OR THE COMPANY MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE.  SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO ONLY THOSE REQUIRED BY LAW, FOR THE SHORTEST DURATION PERMITTED BY LAW, AND WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.  YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE-TO-STATE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL POLY & BARK, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR MAXIMUM, AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $100.00 USD. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION WILL MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Poly & Bark and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of: (i) your breach of these Terms of Service or the documents they incorporate by reference; (ii) your violation of any law or the rights of a third-party, including without limitation any intellectual property, proprietary, privacy or other rights of any party; (iii) your use of the Services; (iv) your User-Generated Content. Company reserves, and you grant to us, the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of Company. This indemnification section will survive any termination or expiration of these Terms of Service.

SECTION 15 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. If the Class Action Waiver in Section 19 (LEGAL DISPUTES; AGREEMENT TO ARBITRATE) is found to be void or unenforceable as to an arbitration, then the terms of the Arbitration Clause subsection shall not apply and the Covered Dispute shall proceed and be resolved in state or federal court in either Miami-Dade or Broward County in the State of Florida, NOT by binding arbitration.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Services constitutes the entire agreement and understanding between you and us and governs your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on the Site.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Site or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 19 - LEGAL DISPUTES; AGREEMENT TO ARBITRATE

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION, CLASS ACTION WAIVER, JURY TRIAL WAIVER, AND CONTRACTUAL LIMITATIONS PERIOD. 

YOU AND POLY & BARK EACH ACKNOWLEDGE THAT THE TERMS IN THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY’S CLAIMS.

ANY DISPUTE, CLAIM OR CONTROVERSY (THAT IS NOT RESOLVED INFORMALLY AS SET FORTH BELOW) BETWEEN YOU AND POLY & BARK, ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, PRINCIPALS, SUCCESSORS, ASSIGNS, SUBSIDIARIES OR AFFILIATES (COLLECTIVELY FOR PURPOSES OF THIS SECTION, 'POLY & BARK') (EACH, A “PARTY” AND TOGETHER THE “PARTIES”) ARISING FROM OR RELATING IN ANY WAY TO: (1) THESE TERMS OF SERVICE; (2) YOUR VISIT TO OR USE OF THE SITE; (3) ANY PURCHASE, TRANSACTION, RETURN OR OTHER INTERACTION WITH POLY & BARK; (4) OUR ADVERTISING OR MARKETING; OR (5) OUR PRIVACY AND DATA SECURITY PRACTICES, WHETHER IN CONTRACT, TORT, WARRANTY, STATUTE, REGULATION, OR OTHER LEGAL OR EQUITABLE BASIS (COLLECTIVELY, “COVERED DISPUTES”) WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT. COVERED DISPUTES SHALL BE INTERPRETED BROADLY, AND SHALL INCLUDE WITHOUT LIMITATION:

  • CLAIMS THAT AROSE BEFORE THIS OR ANY PRIOR AGREEMENT; AND

  • CLAIMS THAT WOULD OTHERWISE BE SUBJECT TO PRE-EXISTING CLASS ACTION LITIGATION FOR WHICH YOU MAY BE A PUTATIVE CLASS MEMBER.

Notwithstanding the provisions herein, if you in any manner violate Poly & Bark’s intellectual property rights, we may bring a suit in any state or federal court in the State of Florida. Additionally, notwithstanding the provisions herein, either you or Poly & Bark may bring a Covered Dispute in small claims court consistent with the jurisdictional and dollar limits that may apply. The route to small claims court shall only be the result of a direct filing by you or Poly & Bark. As set forth below, a Covered Dispute commenced in arbitration may not be secondarily directed to small claims court per otherwise applicable rules.

THIS ENTIRE SECTION 19 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, THESE TERMS, THE PARTIES’ RELATIONSHIP, OR THE END OF YOUR USE OF ANY SERVICES.

Mandatory Informal Dispute Resolution for all Covered Disputes

If you have a Covered Dispute against Poly & Bark or if Poly & Bark has a Covered Dispute against you, before formally pursuing a Covered Dispute in arbitration, you and Poly & Bark agree to first attempt to resolve the Covered Dispute informally to try to resolve the Covered Dispute faster and reduce costs for both Parties. You and Poly & Bark agree to engage in good faith pre-suit/pre-arbitration discussions for a period of no less than sixty (60) days (“Informal Dispute Resolution”). During that time, the Parties will communicate directly with each other about any Covered Dispute and attempt to resolve it without initiating an arbitration. The foregoing process shall be referred to herein as the “Informal Resolution Process.” 

To commence the Informal Resolution Process, You or Poly & Bark agree to first send a detailed notice (“Notice”) to the other describing the facts and circumstances of the Covered Dispute and the specific relief sought and including any supporting documentation. Your Notice must be sent to Poly & Bark by email at legal@polyandbark.com. If Poly & Bark has a dispute with you, Poly & Bark agrees to first send a detailed Notice to your e-mail address on file with us. 

The Informal Resolution Process is intended to allow the party who has received a Notice to make a fair, fact-based offer of settlement if it chooses to do so. The statute of limitations and any filing-fee deadlines for a Covered Dispute shall be tolled for the duration of the Informal Resolution Process. Should Poly & Bark request a telephone conference with you to resolve your Covered Dispute as part of this Informal Resolution Process, you agree to personally participate (with your counsel if you are represented). 

Compliance with and completion of this Informal Resolution Process and expiration of the sixty (60) day period is a condition precedent to filing any demand for arbitration or otherwise initiating a lawsuit. You and Poly & Bark agree that any action commenced in arbitration or court without first exhausting the Informal Resolution Process shall be defective and subject to dismissal at the cost of the Party found to have prematurely commenced the action. 

Class Action Waiver; Jury Trial Waiver

YOU AND POLY & BARK AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION, INCLUDING ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND. Additionally, you agree that you will not be a member of any putative or actual class in a class action brought by anyone else against Poly & Bark, nor will you seek to become a class representative. You further agree that in any action you initiate against Poly & Bark, any relief you seek will be confined to relief on your own behalf. Except as the Terms of Service otherwise provide and to the fullest extent permitted by law, you and Poly & Bark acknowledge and agree that you are each waiving the right to a trial by jury and to the litigation of disputes in state or federal courts of general jurisdiction.

Together, the terms in the preceding paragraph shall be called and operate as the “Class Action Waiver.”

Initiating Arbitration and Arbitration Rules

You and Poly & Bark agree that CLAIMS SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT. This requirement, and the related terms that follow, shall be referred to as the “Arbitration Clause.”  

The Federal Arbitration Act and federal arbitration law shall apply to this agreement. By consenting to arbitration, you and Poly & Bark do not limit in any way either Party’s statutory or common law rights or potential remedies to which either Party would be entitled were the claim being heard in a court. 

Any arbitration between you and Poly & Bark shall be administered by National Arbitration and Mediation (“NAM”) in accordance with NAM’s operative Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”) in effect at the time any demand for arbitration is filed with NAM, as modified by this Legal Disputes Section. For a copy of the NAM Rules, please visit https://www.namadr.com/resources/rules-fees-forms or contact NAM at NAM’s National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City, NY 11530 and email address commercial@namadr.com. You and Poly & Bark empower the arbitrator(s) with the exclusive authority to resolve any Covered Dispute relating to the interpretation, applicability or enforceability of these Terms or the formation of this contract, including the arbitrability of any Claim that all or any part of these Terms are void or voidable. The arbitrator shall determine in accordance with the applicable rules, without limitation, all issues regarding filing fees, form of pleadings, procedures for payment, locale, seat, arbitrator selection and disclosures, exchange of information, presentation of evidence, and criteria for any Arbitration Demand, Answer, and other claims. The arbitrator shall issue a reasoned award.

Special Additional Procedures for Mass Arbitration

To the extent an arbitration falls within the NAM’s definition of a Mass Arbitration, you and Poly & Bark agree that these additional procedures shall apply, along with the applicable NAM Rules. Counsel for the individuals and counsel for Poly & Bark shall each select 10 cases per side (20 cases total) to be filed in and proceed in arbitration as part of the first stage in a staged process. Each case shall be assigned to a separate and different arbitrator, unless the Parties agree otherwise. Any remaining Covered Disputes shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those Covered Disputes unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled from when the Informal Resolution Process is initiated (so long as the pre-arbitration Notice complies with the requirements herein), until a given Covered Dispute is selected to proceed as part of the staged process herein, or is settled, withdrawn, or otherwise resolved. 

After this initial set of staged proceedings is completed, the Parties shall promptly engage in a global mediation session of all remaining Covered Disputes with a retired federal or state court judge and Poly & Bark shall pay the mediator’s fee. If the remaining Covered Disputes are not resolved at this time, the Parties will continue the same staged process, as set forth in this Special Additional Procedures for Mass Arbitration section, by arbitrating a maximum of 30 individual Covered Disputes at a time (15 Covered Disputes selected by each Party), until the Parties are able to resolve all of the Covered Disputes, either through settlement or arbitration.

A court of competent jurisdiction shall have the authority to enforce this entire Dispute Resolution section and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your Covered Dispute, and a court of competent jurisdiction determines that they are not enforceable as to your Covered Dispute, then your Covered Dispute shall proceed in a court of competent jurisdiction sitting in either Miami-Dade County or Broward County in the State of Florida, consistent with the remainder of these Terms of Service.

Time Limits

To the fullest extent permitted by applicable law, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY CLAIM MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED. For purposes of this provision, a Covered Dispute is considered commenced at the time the Notice in the Informal Dispute Resolution section is sent, as defined below. To the extent a Covered Dispute is filed arbitration or court without first providing such notice (which would be contrary to these Terms of Service, as set forth herein), the Covered Dispute is deemed commenced at the time of such filing.

Governing Law

In any arbitration, the Terms of Service shall be governed by, construed and enforced in accordance with the laws of the state of Florida, without giving effect to any conflict of law provisions. 

To the extent this Section 19 does not apply, normal conflict of law procedures shall apply, and any Covered Dispute shall be resolved exclusively by an appropriate federal or state court sitting in either Miami-Dade County or Broward County in the State of Florida. 

SECTION 20 - Text Marketing & Notifications

By consenting to Poly & Bark’s email and SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring email and text notifications (for your order, including abandoned checkout reminders), email and text marketing offers, and transactional emails and texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving email or text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the “unsubscribe” link we provided to you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at info@polyandbark.com for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Statement at https://www.polyandbark.com/pages/privacy-policy for information regarding how we collect and use your information.

 SECTION 21 – JOB APPLICANTS

If you submit a resume, job application, or related materials or other information to us, we may use that information to evaluate your qualifications and consider or respond to your inquiry or application.  Your submission of a resume, job application, or related information does not in any way require the Company to review that information or consider you for employment.  To view career opportunities at Company or to submit a job application, you may be redirected to an online career portal operated by a third party.  We encourage you to review any terms and privacy policies posted on that portal (if applicable).

SECTION 22 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@polyandbark.com. Our contact information is posted below:

Poly & Bark

Email: info@polyandbark.com

Address: 975 N. Miami Beach Blvd,

North Miami Beach, FL 33162

Phone: 1855-310-1450

 

 

PRIVACY STATEMENT

----

Last Updated: October 29th, 2024

This Privacy Statement describes the information collected through this website (the “Site”) and the related products and services we provide, whether online or offline, and how that information is collected, used, and disclosed. The Site, our products, and services (including any mobile apps, online platforms, and other software (our “Software”), and all related content, technology, and tools are, together, referred to as the “Services.” Poly & Bark together with its affiliates, subsidiaries and related companies (“Company,” “we,” “us,” or “our”) and its suppliers may collect or receive the types of information described below as a result of your access to and use of the Services (together, “Collected Information”). This Privacy Statement applies to all visitors to and users of the Services.

This Privacy Statement also explains your rights and choices regarding your personal information (if applicable), how we communicate changes to this Privacy Statement, and how you may contact us regarding questions or issues with respect to any matter addressed by this Privacy Statement.

This Privacy Statement is incorporated into and made a part of our Terms of Service, any applicable mobile app end user license agreement, and any other agreement that references this Privacy Statement or governs access to or use of the Services (together, our “Terms”).

By accessing, browsing, or otherwise using the Services, by accepting or entering into our Terms, you agree on behalf of yourself and any organization or company that you represent (together, “you”) that you have read and understand this Privacy Statement and that you consent to our collection, use, and disclosure of your personal information and other Collected Information pursuant to the terms of this Privacy Statement. If you do not agree with this Privacy Statement, do not access, or use the Services.

Table of Contents

  1. Information We Collect and How We Use It  

  2. Other Information Collected

  3. Disclosure

  4. Shopify

  5. Third-Party Services 

  6. Security and Retention

  7. Cookies 

  8. International Transfers of Personal Information

  9. Your Choices and Access

  10. Additional Information for Certain U.S. Residents

  11. Additional Information for Individuals Located in Canada

  12. Exercise Your Rights

  13. Children’s Privacy 

  14. Changes to this Privacy Statement

  15. Questions and Contact Information

 

SECTION 1 INFORMATION WE COLLECT AND HOW WE USE IT 

We collect the information you voluntarily give us such as your name, address, and email address.

When you use our Services, we also automatically collect certain passive information, including but not limited to your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Collection. We will collect any and all information that you choose to submit to us through, using, or in connection with the Services, including, without limitation, the typer of information described below.

Examples and Subcategories

Purposes (defined below)

Identifiers

Your first and last name, email address, postal address, telephone number, and date of birth.


Usernames, login information (including, for example, passwords), social media accounts and login information.

  • Services and Purpose Collected; Communication with You.

  • Personalization; Advertising; Analytics.

  • Promotional Communications.

  • Disclosing Collected Information. 

  • Evaluation and Improvement.

  • Quality Assurance.

  • De-Identified Data and Aggregated Data.

  • Lawful Processes; Protection of Company.

  • Business Transactions.

Internet or Other Electronic Network Activity

Web browser, IP addresses, MAC Address, log files, login information, cookies, pixels, beacons, other unique online identifiers, and device and user activity information (e.g., search parameters, online activity such as date and time of accessing our websites, website addresses accessed, the length of website visit, and other usage data).

Commercial Information

Amount and types of orders, Services and products requested or purchased, shipping information.

Geolocation Information

Approximate geolocation through IP Address.

  • Services and Purpose Collected; Communication with You.

  • Personalization; Advertising; Analytics.

  • Promotional Communications.

  • Disclosing Collected Information. 

  • Evaluation and Improvement.

  • Quality Assurance.

  • De-Identified Data and Aggregated Data.

  • Lawful Processes; Protection of Company.

  • Business Transactions.

Professional or Employment Related Information

Business contact information, job title, entity you represent or work for, business telephone number, business address, business email address.

Audio, Electronic, Visual, Thermal, Olfactory, or Similar Information

Photos and videos you upload to the Services.

Contact Forms and Requests for Information or Support

The Identifiers you submit, details about the products or services you are interested in, the entity you represent, and the subject matter you are interested in.

Chat and Messaging

The Identifiers you submit and all text and other information and content you provide or input through such Chat and Messaging features (where provided to you).

Inferences

Preferences, behaviors, characteristics (including, for example, age, gender), and similar information inferred from the above categories of information.

 

Purposes We Process Your Information For. In addition to the collection and uses described above, Company and its suppliers may use and disclose Collected Information as described below. We do not use, sell, rent, or otherwise disclose Collected Information except as stated in this Privacy Statement and as required or permitted by applicable law.

Services and Purpose Collected; Communication with You. We will use and share your personal information and other Collected Information for the purpose for which it was collected, for example, to process and communicate with you in connection with your use of the Services (including, for example, your purchases and account activity), your requests for information, User-Generated Content you provide, to administer your account (where applicable) and Company business activities, to provide customer support to users of the Services, and to provide you communications that you request. 

Personalization; Advertising; Analytics. To tailor the content and information that we may send or display to you, to suggest personalized help and instructions, and to otherwise personalize your experience while visiting or using our Services. Additionally, we may collect your information and share it with our third-party service providers to understand how our Services are used and to improve the Services (as described further in the “Analytics” section of this Privacy Statement below). Further, we may use your information for us, or our third-party service providers, to use that information to target advertisements for goods and services and to display those advertisements on other websites. The information collected may be associated with your personal information. For more information, please see the “Advertising Networks, Personalized Advertising, Remarketing, and Retargeting” section of the Privacy Statement below.

Promotional Communications. The Company may, to the extent permitted by applicable law and in accordance with your preferences, use Collected Information to send you promotional communications about the Company and our products and services. The Company will obtain your prior consent for such promotional communications solely to the extent required by applicable law. In order to provide you with a personalized experience, these communications may be tailored to your preferences based on, for example, inferences we make using your visits to the Services or the links you click on in Company emails. Please note that pixel tags, cookies and other online trackers may be used within emails to track your interactions with those websites and when emails are opened. You may opt out of receiving promotional communications from us at any time by following the unsubscribe instructions contained in the applicable email or by contacting us using the contact information provided below under “Questions and Contact Information.” Specifically with regard to text messaging, if you opt in to receiving text messages (SMS and MMS) on the Services when prompted, Company may send you autodialed and other text messages at the telephone number you provide relating to your use of the Services. Consenting to receiving text messages is not required to buy goods or services or to otherwise do business with us. Message and data rates may apply. Note that, even if you opt out of receiving promotional communications from Company, you may still receive administrative communications from us with respect to your use of the Services. 

Evaluation and Improvement. We may use and disclose Collected Information to analyze, develop, and improve the content, materials, products, and services that we provide; to inform marketing and communication plans and strategies; to understand user demographics and preferences; to analyze the effectiveness of the Services; and to evaluate user needs and customize Services content and the user experience. To better understand how users access and use our Services, both on an aggregated an individualized basis, including monitoring, evaluating, and analyzing which features and portions of the Services are most popular; for troubleshooting, for statistical purposes, including, for example, identifying geographic regions of visitors to our Services; evaluating frequently asked questions from visitors; and for other statistical purposes.

Quality Assurance. In order to perform quality assurance and to continuously improve our customers’ experience, to assist with fraud identification, and to assist our customer relationship representatives (for example, through representatives in our call center), we use tools to monitor and record certain user experience information, including, without limitation, audio of customer service calls and information resulting from such calls.

De-Identified and Aggregated Data. We may de-identify and/or aggregate personal information and User-Generated Content, and aggregate other Collected Information, and use and disclose that aggregate and/or de-identified data for our business purposes, in each case to the extent permitted by applicable law. To the extent we create de-identified and/or aggregate personal information, we take reasonable measures designed to maintain such information in de-identified and/or aggregate form. Once de-identified or aggregated, we will not attempt to re-identify the data (other than to confirm our de-identification and aggregation processes worked).

Lawful Processes; Protection of Company. We may use and share Collected Information in accordance with and in response to regulatory authorities, courts with competent jurisdiction, valid law enforcement requests, governmental agency requests, emergency services, and other necessary third parties for legal, protection, security, and safety purposes (e.g., to comply with laws or regulations, to respond to subpoenas and legal processes, to perform credit checks, to protect the safety of our employees, agents, and customers, or any other person). We may use Collected Information and share it with third parties if we believe doing so is necessary or appropriate to protect our rights or the rights of others, including to enforce our agreements, policies, and terms, to bring legal action, to protect our operations and assets, or to pursue remedies or limit damages that we may sustain.

Business Transactions. If Company undergoes a change in control, acquisition, merger, reorganization, asset sale (in whole or in part), or similar transaction, we may transfer, sell, share, or otherwise disclose Collected Information to the subsequent owner(s) or successor(s) of those transactions. We may also disclose Collected Information in connection with the evaluation of those transactions. Those owner(s), successor(s), and other recipients will be bound by this Privacy Statement as it applies to the information disclosed. Also, if Company or any of its assets are acquired or if Company goes out of business, enters bankruptcy, or goes through some other change in control or reorganization, Collected Information may be one of the assets transferred to or acquired by a third party.

With Your Consent. With your consent, we may use and share your personal information and other Collected Information in ways not specifically described in this Privacy Statement.

Payment. Payments submitted in connection with the Services must be made via the Services by credit, debit card, or through alternate payment methods as described herein, where such alternate payment methods are made available as an option. Please note that alternate payment methods may be provided by third parties (e.g., Shopify), subject to that third party’s privacy policy. This Privacy Statement does not apply to such third party’s collection and use of your information. Please review the applicable third party’s privacy policy. With regard to credit and debit card payment, all credit and debit card information is provided directly to our third-party payment processor. Company does not directly access, handle, or store your credit or debit card information. To submit payment using the Services, you will need to provide your name, email address, telephone number, and your credit or debit card number, expiration date, and security code, as well as any such information as necessary to verify the applicable payment. Our payment processor will use your payment-related information in accordance with its privacy policy. Where the online storefront on the Services is hosted or powered by a third party, we encourage you to review any posted terms and privacy policies.

User-Generated Content. You are responsible for any data, information, images, messages, documents, and other content that you enter, submit, create, post, upload, transmit, or otherwise provide through or using the Services, including by providing feedback, participating in forums or discussion boards, by uploading or providing photographs, by submitting product reviews or testimonials, or by populating a user account or profile (where such options are made available to you). “User-Generated Content” means all data, feedback, information, images, messages, documents, and other content that is entered into, submitted to, posted on, uploaded to, transmitted, streamed, created, or displayed using, or otherwise provided via or using the Services by you or on your behalf. All User-Generated Content is provided at your own risk. We cannot guarantee that User-Generated Content you provide will not be viewed by unauthorized persons. You understand that, even after removal, copies of User-Generated Content you have provided may remain viewable in cached and archived pages and may have been copied or stored by Internet archives and other Service users. We will make User-Generated Content available, including publicly available, to other Service users and to the public, as applicable and at its sole discretion, and will use and disclose User-Generated Content for the purpose for which it was provided as indicated at the point of collection. For more information on User-Generated Content, please review our Terms of Service.

Job Applications. If you submit a resume, job application, or related materials or other information to us or through the Services, we may use that information to evaluate your qualifications and consider or respond to your inquiry or application. Your submission of a resume, job application, or related information does not in any way require the Company to review that information or consider you for employment. To view career opportunities at Company or to submit a job application you may be redirected to an online career portal operated by a third party. We encourage you to review any terms and privacy policies posted on that portal.

SECTION 2 - OTHER INFORMATION COLLECTED

As you navigate and use the Services, certain information can be passively collected using various technologies. We passively collect a variety of types of information in a variety of ways, including as described below.

User Activity. We collect information on how the Services are used, for example, the features you use, the links that you click on, your search parameters, data reflecting transactions that have taken place using the Services, how you interact with other users, performance statistics, and other usage data. We collect information that your browser sends whenever you visit our Services (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our website that you visit, the time and date of your visit, the time spent on those pages and other statistics.

IP Addresses and Related Data. The servers used to operate and provide the Services may collect data pertaining to you and the equipment, software, and communication methods you use to access the Internet and the Services, including IP addresses assigned to the computers and other devices from where you access the Internet, your Internet service provider (ISP), device ID numbers and unique identifiers, your media access control (MAC) address, your operating system, your device’s screen resolution, your web browser type, the pages you access on the Services, the websites you access before and after visiting the Services, the length of time you spend on the Services, date and time stamps, clickstream data, your approximate geographic location, performance statistics, and usage data. Company may use this information to administer the Services and their servers, to generate statistical information, to monitor and analyze Service traffic and usage patterns, to monitor and help prevent fraud, to investigate complaints and violations of our policies, and to improve the Services.

We may combine this information with other Collected Information (including personal information) and information obtained from third parties for security reasons and to protect our rights or the rights of others. The suppliers that we use to provide the Services may collect information about your visits to the Services and other websites. Some of this information may be collected using cookies and similar tracking technologies as explained below under “Cookies and Tracking Technologies.”

Analytics. The Services use third-party analytics tools (e.g., Google Analytics) to collect and process data about your use of the Services, including when you visit the Services, URLs of the websites that you visit prior to visiting the Services and when you visit those websites, and IP addresses assigned to the devices from where you access the Internet. Our analytics providers may set and read cookies to collect this data, and your web browser will automatically send data collected by those cookies to our analytics providers. Our analytics providers use this data to provide us with reports that we will use to improve the Services’ structure and content.

For more information on how Google uses this data, visit Google’s Privacy Statement and Google’s page on How Google uses data when you use our partners' sites or apps. To prevent this data from being used by Google Analytics, follow the instructions to download and install the Google Analytics Opt-out Browser Add-on for each browser you use. Using the Google Analytics Opt-out Browser Add-on will not prevent Company from using other analytics tools and will not prevent data from being sent to the Service itself or to Google. For more information about how Google Analytics uses cookies to measure user interactions on websites, visit Google Analytics Cookie Usage on Websites. You may disable cookies as discussed below, but that may impact your use and enjoyment of the Service. 

Advertising Networks, Personalized Advertising, Remarketing, and Retargeting. From time to time the Services may use or participate in advertising networks and related advertising services that are managed and provided by third-party advertising servers, advertising agencies, technology vendors, and research firms, including Google Ads and advertising services provided by Meta (sometimes referred to the Meta “tracking pixel”).

These services collect information about your visits to and interactions with the Services and other websites and will use that information to target advertisements for goods and services and to display those advertisements on other websites. The information collected may be associated with your personal information.

Advertising networks often gather data about consumers who view advertisements to make inferences about a consumer’s interests and preferences, which enables their computers to deliver advertisements directly targeted to the consumer’s specific interests. This practice is often referred to as “online behavioral advertising.” For example, a third-party advertising network might collect the type of web browser you use, the type of computer operating system you use, the domain name of a website you visit, whether or not you visit specific pages of the Services and other websites, the location of your Internet service provider, the date and time of a visit to a website, and other interactions between you and a website.

Through Google Ads, Google uses your Internet searches, cookies, and similar identifiers (e.g., pixel tags) to collect information about your visits to the Service and your interaction with our products and services to generate targeted advertisements to you on other websites that you visit across the Internet. We may also enable and implement Google Analytics Advertising Features on the Services. To opt out of remarketing advertising provided through Google, to customize your ad preferences, or to limit Google’s collection or use this information, visit Google’s Safety Center and Google’s Ad Settings and follow Google’s personalized ad opt-out instructions. Opting out will not affect your use of the Service.

For certain Meta advertising services, Meta Ireland is a Joint Controller (as defined in the GDPR) and that information required under the GDPR related to such processing can be found at https://www.facebook.com/about/privacy. We work with Meta and use their advertising services to measure and improve our ads and marketing efforts, as well as to display more relevant advertising to you. For further information on how Meta Ireland processes your personal information, including the legal basis, and the ways to exercise your rights, please visit https://www.facebook.com/about/privacy.

To change your preferences with respect to certain online ads and to obtain more information about third-party ad networks and online behavioral advertising, please visit the National Advertising Initiative Consumer opt-out page or the Digital Advertising Alliance Self-Regulatory Program. Please remember that changing your settings with individual web browsers or ad networks will not necessarily carry over to other browsers or ad networks. As a result, depending on the opt-outs you request, you may still see our ads from time to time. Your device may also include a feature (“Limit Ad Tracking” on iOS or “Opt Out of Interest-Based Ads” on Android) that allows you to opt out of having certain information collected through apps used for behavioral advertising purposes.

Social Media. The Services may implement widgets, tools, or applications provided by social media platforms and the Services may otherwise allow for interaction, integration, or content sharing with third-party social media platforms and companies. We may be required to implement cookies, plug-ins, and APIs provided by those social media platforms in order to facilitate those communications and features. By choosing to use any third-party social media platform or choosing to share content or communications with any social media platform, you allow us to share information with the designated social media platform. Interactions, integrations, and content sharing with a social media platform and their features may require or allow the social media company to collect information from or about you, whether through cookies, registration information, or otherwise. Social media companies may track your online activity even when you do not choose to interact with the social media platform or its widgets or other features. We encourage you to review the privacy policy of any social media platform that you use or visit in connection with the Services, as those platforms’ respective privacy policies will govern their collection, use, and disclosure of information they collect from you. We cannot control any policies or terms of such third-party platform. As a result, we cannot be responsible for any use or disclosure of your information or content by third-party platforms, which you use at your own risk.

The Services may also use the advertising services and networks offered by social media platforms to deliver advertising content. Use of these services requires social media platforms to implement cookies or pixel tags to deliver ads to you while you are logged into the applicable social media platform.

If you do not want social media platforms to collect information relating to you via the Services or to link information collected via the Services to your social media accounts, we suggest that you: (a) do not connect to or share information with social media platforms using the Services; (b) hide social media platform plug-ins using an ad blocker; (c) always log off completely from social media platforms before visiting the Services or other websites and delete all related cookies; and, (d) where the option is made available by a social media platform, disable the advertising services and networks operated by that platform. You hereby acknowledge that Company makes no guarantee that exercising the foregoing options is guaranteed to prevent applicable social media platforms from tracking you and, further, you acknowledge that Company is not responsible for a social media platform’s tracking of you.

Our Social Media Pages. The Company is active on social media. You may have the opportunity to comment on social media platforms regarding, as well as send us reviews and testimonials regarding, Company and the products and services we offer and/or to submit or upload related photos and other materials. Company reserves the right to post on the Services, other websites, and social media pages any comments, photos, or content that you post on our social media pages or provide to us (whether through social media or otherwise) to the extent permitted by applicable law.

SECTION 3 - DISCLOSURE

We may disclose Collected Information: 

  • To our Affiliates, Subsidiaries, and Related Entities: Based on how you use the Services and the information that you provide to or request from us, we may disclose your name, contact information, and related Collected Information with our affiliated companies who have products or services that we think may be of interest to you. By providing your Collected Information and using the Service, you hereby direct us to disclose your information to our affiliates, subsidiaries, and other related entities. Our affiliated companies may contact you directly with respect to such products and services, provided that your prior consent is obtained if required by applicable law. You may opt out of receiving communications from any such affiliated company pursuant to that affiliate’s own policies. You may opt out of receiving communications from us by contacting us using the information below under “Questions and Contact Information.” 

  • To Our Third-Party Suppliers and Service Providers: We will disclose Collected Information to our and our affiliates’ respective suppliers, vendors, and service providers as necessary for us to provide the Services and our products and services to you and to engage in the use and sharing of Collected Information as permitted by this Privacy Statement and applicable law. These third parties include, without limitation, our website management and hosting suppliers, customer support providers, those handling the processing and delivery of mailings, cloud storage providers, marketing and advertising partners and service providers, website analytics providers, payment processors (if and as applicable), product installers, and email service suppliers. Our service providers are authorized to and may use and disclose Collected Information as necessary for them to provide the applicable products and services to us and as provided by their own privacy policies and our agreements with those third parties. 

Disclosures to Third Parties. Pursuant to and consistent with the purposes for collecting your information as set forth in this Privacy Statement we disclose certain categories of personal information to third parties for a business (or other) purpose.

Categories of Third Parties Disclosed to

Purposes for Disclosure

Identifiers

Affiliates, Subsidiaries, and Related Entities.


Subsequent owner(s), successor(s), or assignee(s) of Company.


Third Party Service Providers, which include, for example, payment processing companies, data analytics and advertising providers, fraud prevention providers, cloud storage providers, IT service providers, delivery partners, and marketing companies.


Law Enforcement.

  • Services and Purpose Collected; Communication with You.

  • Personalization; Advertising; Analytics.

  • Promotional Communications.

  • Disclosing Collected Information. 

  • Evaluation and Improvement.

  • Quality Assurance.

  • De-Identified Data and Aggregated Data.

  • Lawful Processes; Protection of Company.

  • Business Transactions.

Protected Classifications Under Applicable Law

Internet or Other Electronic Network Activity

Commercial Information

Geolocation Information

Affiliates, Subsidiaries, and Related Entities.


Subsequent owner(s), successor(s), or assignee(s) of Company.


Third Party Service Providers, which include, for example, payment processing companies, data analytics and advertising providers, fraud prevention providers, cloud storage providers, IT service providers, delivery partners, and marketing companies.


Law Enforcement.

  • Services and Purpose Collected; Communication with You.

  • Personalization; Advertising; Analytics.

  • Promotional Communications.

  • Disclosing Collected Information. 

  • Evaluation and Improvement.

  • Quality Assurance.

  • De-Identified Data and Aggregated Data.

  • Lawful Processes; Protection of Company.

  • Business Transactions.

Professional or Employment Related Information

Audio, Electronic, Visual, Thermal, Olfactory, or Similar Information

Contact Forms and Requests for Information or Support

Chat and Messaging

Inferences

 

SECTION 4 - SHOPIFY

We use Shopify Inc. to host our website and process orders.  

For more information, see Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).

SECTION 5 - THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use, and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So, if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our Site or are redirected to a third-party website or application, you are no longer governed by this Privacy Statement or our Site’s Terms of Service.

Third-Party Links.

When you click on links on our store, they may direct you away from our Site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 6 – SECURITY AND RETENTION

To protect your Collected Information, we take reasonable and appropriate administrative, technical, physical, and organizational security measures designed to help protect against and make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
Personal information you provide to us should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes should be accurate, complete, and up to date. However, the Company does not and cannot guarantee that unauthorized access, disclosure, loss, theft, misuse, and alteration of information will not occur. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with an AES-256 encryption. 

SECTION 7 - COOKIES

The Services automatically use cookies to track your use of the Services to facilitate and enhance the user experience on the Services and for other purposes as described below. Cookies are small pieces of information that are stored on your device’s hard drive by your web browser. We use cookies to learn and track how you access and use the Services, including when and how users visit the Services and how popular particular Service pages are and are not. We also use cookies to recognize Services users, to help display information on the Services, and to improve your enjoyment and the usefulness of the Services, for example, by remembering and displaying certain information.

The Services may use both cookies that we implement, and cookies implemented by our suppliers and other third parties. “First-party” cookies allow your browser to talk to the actual website that you are visiting, whereas “third-party” cookies allow your browser to talk to third-party websites, such as the source of an ad that appears on the website you are visiting or a third-party analytics provider. Our suppliers may use cookies and tracking technologies to track Service users across the Internet to understand how you get to the Services and for the analytics purposes disclosed in this Privacy Statement. We do not have access or control over these cookies and this Privacy Statement does not cover the use of third-party cookies. Click here for information on the cookies used by Meta. Click here and here for information on the cookies used by Google.

A cookie can either be a “session” cookie or a “persistent” cookie. Session cookies exist only for so long as you are visiting the applicable website. Session cookies are typically deleted or removed when you exit or quit your browser application. Persistent cookies exist for a set period of time, for example, six (6) months or one (1) year. Each time you visit a website that has implemented a persistent cookie, that cookie will remain active until its predetermined expiration date. You can also manually delete persistent cookies as discussed above.

The types of information collected by a cookie and the purposes for which that information is used depends on the type of cookie. By way of illustration, the types of cookies used, the types of information collected by those cookies, and the purposes for which that information is used are described below. We may combine information collected by cookies with other Collected Information.

  • Operationally necessary cookies (also called essential cookies). These are cookies that are required for the operation of the Services. For example, these cookies are required to identify irregular website behavior, prevent fraudulent activity, and improve security. They also allow users of the Services to make use of its functions. Without these cookies, features, and services you have requested will not be able to be provided.

  • Functional cookies. These cookies allow us to offer you enhanced functionality when accessing or using the Services. This may include to remembering choices you make, for example, remembering your preferences or settings, remembering if you reacted to something on or through the Services so that you are not asked to react to it again, remembering if you have used any feature of the Services before, and enabling social media components. If functional cookies are disabled, various functions of the Services may be unavailable to you or may not work the way you want them to.

  • Performance cookies (also called analytical cookies). These cookies assess the performance of the Services, including as part of our analytic practices to help us understand how visitors use and interact with the Services, for example, which pages on our websites users visit most often. These cookies also enable us to personalize content and remember your preferences. These cookies help us improve the way our websites work and provide a better, personalized user experience.

  • Advertising or targeted cookies. These cookies record your visits to the Services, the pages you visit on our websites, and the links you have clicked. They gather information about your browsing habits and remember that you have visited a particular website. Company and its third-party advertising platforms or networks may use this information to make the Services and its content more relevant to your interests (this is sometimes called “behavioral” or “targeted” advertising and is further discussed above). These cookies are also used to limit the number of times you see an advertisement and to help measure the effectiveness of advertising campaigns. To find out more about interest-based ads and your choices, please visit the Digital Advertising Alliance, the Network Advertising Initiative, the Interactive Advertising Bureau (IAB) Europehttp://www.allaboutcookies.org, and http://www.youronlinechoices.com.

For more information about cookies, including about advertising cookies and your choices regarding cookies, we suggest you visit the following websites: https://www.consumer.ftc.gov/articles/0042-online-trackinghttp://www.allaboutcookies.org; and http://www.youronlinechoices.eu.

Most browsers automatically accept cookies. Browsers generally also allow users to manage cookies in the browser’s settings. For example, a browser may allow you to reject cookies from certain websites, reject certain types of cookies regardless of the website, reject or disable all cookies from all websites, and/or delete previously stored cookies. Some browsers also give you the option of being notified every time a cookie is sent to your browser by a website. You can disable or limit cookies but doing so may impact your use and enjoyment of the Services and other websites. For example, the Services may not be able to be personalized for you, may no longer capture or remember your preferences or other choices you have made on the Services in the past, and may not remember your name or contact information or other information you have entered using the Services, and our website may not recognize the device(s) you use to access the Services.

Changing your cookie preferences in one browser will not necessarily carry over to other browsers, so you may need to adjust your preferences each time you get a new device, install a new browser, upgrade an existing browser, or alter or delete a browser’s cookie file.

The Services may also use the following types of tracking technologies: web beacons (also called clear GIFs), flash cookies, and pixels (also called pixel tags). Web beacons are tiny graphics with unique identifiers that function similar to how cookies function but, in contrast to cookies, web beacons are embedded invisibly on websites. Flash cookies collect and store information about your use of a website and are commonly used for advertisements and videos. Cookie management tools provided by your browser will not remove and cannot be used to manage Flash cookies. Click here for information on how to manage Flash cookies. Pixel tags can be placed on websites or within emails to track your interactions with those websites and when emails are opened.

Here is a list of cookies that we use. We have listed them here so that you can choose if you want to opt-out of cookies or not.

_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc.)

_shopify_visit, no data held, Persistent for 30 minutes from the last visit, used by our website provider’s internal stats tracker to record the number of visits.

_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.

cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.

secure_session_id, unique token, sessional 

storefront_digest, unique token, indefinite if the shop has a password, this is used to determine if the current visitor has access.

How We Respond to Do-Not-Track Signals. Due to the automatic collection of data using cookies as described above, we do not honor “do not track” requests. For this reason, your selection of the “Do Not Track” option provided by your browser may not have any effect on our collection of information using cookies and tracking technologies.

However, residents of certain U.S. states may opt out by broadcasting an Opt-Out Preference Signal under applicable law, including the Global Privacy Control (GPC), depending on which browsers and/or browser extensions you use that may support such a signal. To look at extensions and browsers supporting the GPC browser signal, visit here: https://globalprivacycontrol.org/. Note that if you choose to use the GPC signal, you will need to turn it on for each supported browser or browser extension you use.

Embedded Content. The Services may incorporate content, including feeds, scripts embedded in the Services’ code, and visible content (e.g., videos), provided by third parties. In some cases, those third parties collect data about how you interact with their content. The Services may also include Google Maps features and content. Google Maps features and content is subject to the then-current versions of Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and Google Privacy Policy at https://www.google.com/policies/privacy/

Our Services may use YouTube to make content in video format available to you. By accessing a part of the Services where videos are available, watching an embedded video, or otherwise interacting with any content made available through YouTube, you signify your agreement with YouTube’s terms and conditions. YouTube collects and otherwise has access to usage data (e.g., what videos you accessed and watched) through videos embedded in the Services as further described in YouTube’s privacy notice. YouTube adheres to Google's privacy policies and principles, part of which allow you to control certain privacy settings, and which data are collected. For more information, please visit https://www.youtube.com/howyoutubeworks/user-settings/privacy/.

Information that We Obtain from Third-Party Sources. We may obtain data about users of the Services from various third-party companies and public sources, whether offline or online (e.g., marketing companies, analytics consultants, publicly available social media profiles, other public sources of information), and we may combine that data with Collected Information. This enhances our existing information about our users and customers and improves our ability to contact you and our marketing’s relevancy.

SECTION 8 – INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION

Due to the fact that Company’s business is international, your personal information and other Collected Information may be transferred to, stored in, and processed in any country where our or our suppliers’ servers, databases, or facilities are located or operated. By accessing, receiving, or using the Services or by providing consent to us (where consent is required by applicable law), you specifically acknowledge and agree that information will be transferred outside of the country from which you access the Services (including, for example, to the United States and Canada) and that such countries’ data protection and related laws, regulations, and rules may be different than, and may not be as protective as, those of the jurisdiction from where you access the Services. Your use of or access to the Services constitutes your consent to such transfers.

Subject to applicable law, you have the right to obtain details about the mechanism under which your personal information is transferred cross-border. For more information about these transfer mechanisms, please contact us as set out in the “Questions and Contact Information” section below. 

SECTION 9 – YOUR CHOICES AND ACCESS

The purpose of this section of the Privacy Statement is to inform you of our privacy options. Some U.S. states and other jurisdictions outside of the U.S. provide these options and rights to their residents. 

Depending on the laws applicable to Company’s processing of your personal information and the location in which you reside, you may have the ability to exercise the rights listed below and in this section of the Privacy Statement. Subject to foregoing, in addition to all application limitations, exemptions, or exceptions—regarding our collection and use of your personal information—these rights may include, to the extent applicable:

  • Right to Confirm: The right to confirm whether we are processing your personal information.

  • Right to Access: You may have the right to request access to any of your personal information that we hold. Specifically, you may have the right to request the disclosure of (1) what personal information has been collected; (2) the categories of sources from which the personal information was collected; (3) the business or commercial purpose for collection or selling personal information; (4) the categories of third parties with whom we share personal information; and (5) the specific pieces of personal information we have collected about you.

  • Right to Data Portability: You may have the right to receive all such personal information about you from Company in a structured, commonly used, and machine-readable format, and to require us to transmit it to another entity where this is technically feasible.

  • Right to Deletion: You may have the right to request the deletion of your personal information that we have collected.

  • Right to Correction: You may have the right to request the correction of your personal information that we collected.

  • Right to Lodge a Complaint: You also may have the right to lodge a complaint with a government regulator (e.g., your state attorney general) or supervisory authority, in particular in your country of residence, if you consider that the collection and use of your personal information violates this Privacy Statement or applicable law.

To exercise these rights, please see the “Exercise Your Rights” section of the Privacy Statement below. Additionally, if you have any concerns, complaints, or other issues regarding our collection, use or other processing of your personal information, please contact us via the means set forth under the “Questions and Contact Information” section of the Privacy Statement below.

SECTION 10 - ADDITIONAL INFORMATION FOR CERTAIN U.S. RESIDENTS

Certain U.S. states require additional disclosures and provide users residing in such U.S. states with additional choices and rights. This section of the Privacy Statement only applies to individuals located in such U.S. states and where such U.S. state data protection laws apply to Company’s processing of your personal information.

Sources. Consistent with the Privacy Statement above, we collect certain categories of personal information directly from you and, in some circumstances, third parties. The categories of sources that we collect personal information from in the prior 12 months includes the following:

  • Our third-party service providers;

  • Advertising networks;

  • Affiliated, subsidiaries, and related companies;

  • Third party websites and mobile applications (e.g., websites that share information with us or our advertising partners);

  • Social media companies;

  • Our Services; and

  • Your communications with us.

No Sensitive Personal Information. We do not knowingly collect information that is considered “sensitive” under applicable law.

Rights. Applicable laws in your jurisdiction may grant you certain rights—subject to all applicable limitations, exemptions, or exceptions—regarding our collection and use of your personal information. In addition to those rights set forth in the “Your Choices and Access” section of the Privacy Statement above, these rights may include, to the extent applicable and to the extent granted under applicable law:

  • The right to opt-out of targeted advertising and the sharing of personal information that is shared for cross-contextual behavioral advertising purposes;

  • The right to opt-out of the sale of your personal information;

  • The right to opt-out of automated processing and profiling in furtherance of decisions that produce legal or significantly similar effects; 

  • The right to limit our processing (or completely opt-out, if allowed under applicable law) of sensitive personal information to what is necessary; and

  • The right to not be discriminated against due to your exercise of your rights under applicable law. We do not discriminate against users for exercising the rights granted to them under applicable law and that are applicable to our processing of your personal information.

The above rights are only exercisable by you where the applicable law grants you the right being exerted and where no exception or exemption under applicable law applies. You may also have a registered agent (if and only as permitted under applicable law) that you authorize to act on your behalf. If you have a registered agent act on your behalf, we have the right to authenticate such agent’s authority to act. To exercise the rights described herein (only to the extent applicable), you may submit a verifiable request to us by through the methods set forth under the “Exercise Your Rights” section below.

Selling and Sharing. We do not sell your personal information as the concept of “selling” is traditionally understood as being the exchange of something for money. However, we sell your personal information to, and share your personal information with, third parties for the purpose of cross-contextual behavioral advertising purposes (e.g., targeted advertising and remarketing). Applicable U.S. state data protection laws hold such disclosures and sharing to be considered “selling” or “sharing.” Therefore, you have the right to opt out of such selling and sharing. In the preceding 12 months, we have sold or shared the following categories of personal information with the following categories of third parties and for the following purposes:

Category of Personal Information Sold or Shared

Category of Third-Party Recipient 

Purpose

Identifiers

Analytics, marketing, advertising, and remarketing partners and service providers

Analytical and targeted advertising purposes (including, without limitation, cross-contextual behavioral advertising).


Specifically, to target advertisements for goods and services and to display those advertisements on other websites.

Internet or other electronic network activity information

Analytics, marketing, advertising, and remarketing partners and service providers

Analytical and targeted advertising purposes (including, without limitation, cross-contextual behavioral advertising).


Specifically, to target advertisements for goods and services and to display those advertisements on other websites.

 

You have the right to opt out of the selling or sharing of your personal information as described herein. You may exercise this right to opt out by contacting use through the methods set forth below under the “Exercise Your Rights” section of the Privacy Notice, or by clicking the “DO NOT SELL OR SHARE MY PERSONAL INFORMATION.”

We do not knowingly sell or share for cross-contextual behavioral advertising purposes, the personal information of anyone under the age of 16 years old. See the “Children’s Privacy” section of this Privacy Notice below for more information.

 

SECTION 11 - ADDITIONAL INFORMATION FOR CANADIAN RESIDENTS

 

The following section of this Privacy Policy only applies to Canadian residents. Under various Canadian laws and regulations, you have certain rights regarding our collection of personal information. These rights include:

 

  • The right to request access to your personal information;

  • The right to request corrections to your personal information;

  • The right to lodge a complaint with the Office of the Privacy Commissioner of Canada and/or the applicable Canadian provincial regulatory body if you consider that the collection and use of your personal information violates this Privacy Policy or applicable law.

 

The above rights are only exercisable by you where applicable law in the jurisdiction in which you reside actually grant you the right being exerted.

 

SECTION 12 - EXERCISE YOUR RIGHTS

If this Privacy Statement expressly stated above that you have certain rights or applicable law grants you certain rights as it relates to this Privacy Statement and Collected Information, you may submit a verifiable request to us by 

Telephone: 1855-310-1450

Only you or a registered agent (if and only as permitted under applicable law) that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. If you have a registered agent act on your behalf, we have the right to authenticate such agent’s authority to act. Without limiting the foregoing, the verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. 

We will respond to your request within the applicable timeframe required under applicable law. If we deny your request, you can appeal such denial by emailing us at [insert email address for appeals]. If the appeal is denied, you may submit a compliant to the applicable government regulator or authority in the jurisdiction in which you are located (which, for U.S. residents, includes the state Attorney General in the state in which you reside).

SECTION 13 – CHILDREN’S PRIVACY 

The Services are not directed at children under 16 years of age. The Company does not knowingly collect or use information from children under 16 through the Services. If a parent or legal guardian becomes aware that a child under the age of 16 has provided information to us through the Services, the parent or legal guardian should contact us using the information below under “Questions and Contact Information” and we will use commercially reasonable efforts to delete that information.

 SECTION 14 - CHANGES TO THIS PRIVACY STATEMENT

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If our store is acquired by or merges with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

SECTION 15 - QUESTIONS AND CONTACT INFORMATION

If you would like more information regarding this Privacy Statement, contact our Privacy Compliance Officer at hello@polyandbark.com