Effective date: October 28, 2020
share information we collect (a) through the provision of our Services, and (b)
on the Bark website at www.bark.us (the “Site”). By using the Services and/or
the Site and submitting information you agree to the terms of this Privacy
incorporated into, the Bark website Terms and Conditions of Use
(https://www.bark.us/terms_of_use) and the Bark Terms of Service applicable to
the Bark Services you are using, which are available as follows (each, referred
to herein as the “Terms of Service”):
Bark Jr and Bark Home: https://www.bark.us/terms_of_service_bark_jr
Bark for Schools: https://www.bark.us/terms/Bark_School_Monitoring_Terms_of_Service.pdf
by the laws of the state specified in the Terms of Service applicable to your
meaning assigned to those terms in the Terms of Service applicable to the Bark
Services you are using.
The Services. Bark
Technologies, Inc. (“Bark” or “we” or “us”), is a Delaware corporation with an
address at P.O. Box 1841, Richmond Hill, GA 31324. Our Services assist you in
monitoring the use of computer devices and applications under your control by minor
children or disabled adult(s) placed under your protection as legal guardian,
by a court or appropriate government authority (your “Dependent(s)”), family
member(s) or other person(s) whose devices are monitored and/or managed through
your use of the Services. The Services allow you to determine the devices and
applications to be monitored for each of your Covered Account(s) (as such term
is defined in the applicable Terms of Service). The Bark Services automatically
deploy the configuration and the instructions given by you and you are solely
responsible for the configuration of the Services for your Covered Account(s).
Data Collection by Bark.
The Account Data and personal data about you or your Covered Accounts
(hereinafter the "Data") that can be collected by us through the use
of the Services or the Site are as follows:
We automatically collect information when you visit the Site including your
device's IP address, browser and operating system, and statistics about how you
use the Site. If you connect to our Site using a mobile device we may also
collect information about your device including the operating system and
browser used and a unique device identification number. We may collect
information from the online interactions of subscribers through other websites,
such as social media sites, email accounts or other interactive sites when you
identify those sites to us.
technology to collect aggregate (non-personal) information about Site usage by
all of our visitors and to help us remember you and your preferences when you
revisit the Site. These cookies may stay on your browser into the future until
they expire or you delete them. We also use technology to remember your
purchase selections in your shopping cart. These cookies usually are erased
when you close your browser window. Further general information about cookies
and how they work is available at www.allaboutcookies.org.
Third Party cookies.
We allow selected third parties to place cookies through the Site to provide us
with better insights into the use of the Site or user demographics or to
provide relevant advertising to you. For instance, we allow Google Analytics to
place cookies through our Site to collect aggregated information about use of
our Site and Site visitors to assist us in our analysis to provide better services
to you. These third parties may collect information about a consumer's online
activities over time and across different websites when he or she uses our
website. We may also permit third party service providers to place cookies
through our Site to perform analytic or marketing functions where you are
notified of them and you have consented to the usage. We do not control the use
of such third party cookies or the resulting information and we are not
responsible for any actions or policies of such third parties.
Do-Not-Track. We do not use technology that
recognizes a “do-not-track” signal from your web browser.
Web-forms. If you submit any webform to
us, we collect the data indicated in the forms indicated in and submitted
through these forms by you, including name and email address. Required data in
order to send the webform is indicated. This data is used for processing your
request and contacting you for further communication.
Registration Data. On
registering for Bark Services, we will collect the following personal data:
name, company/institution (if applicable to Services chosen), email address,
payment information (if applicable) and at least one user name and password
(“Registration Data”). This data is obligatory and if it is not provided, an account
cannot be created.
Covered Account Data.
On your behalf, as a principal function of the Service, we collect and process
personal data relating to your Covered Accounts. Our system uses proprietary
algorithms to review Covered Account(s)' online interactions through their
registered devices and applications including interactions of Covered Accounts
with websites, social media sites, email accounts or other interactive sites
including posts, blogs and other communications.
Location information. We may collect location
information of devices connected to our Site. In addition, we may request
location information, for instance about the city where your child's school is
located, so that we may provide context for our analytics.
Use of Data Collected by Bark.
Registration Data. We are
responsible for processing your Registration Data, which is used for
communications with you and for the provision and management of your use of our
Services. It is also used to measure and improve the Services and functionality
and to provide customer service, send email notifications and (unless no longer
in the distribution list) newsletters, or communications, in general, about the
Services, products and novelties, and offers or promotions offered by us. We
will use the Registration Data for these purposes and to comply with the Terms
of Service applicable to your Services and other legal notices.
Covered Account Data.
You and, if applicable, your registered Administrators and Users (collectively,
your “Authorized Users”), will be sent notification emails, texts and other
reports concerning certain Covered Account Data monitored by the Services. Your
Authorized Users will have access to all Covered Account Data in our possession
for review and, if necessary, correction. Your Authorized Users may request
access to such Covered Account Data by e-mailing our customer support at
Sharing your Information.
We treat your Data with strict confidentiality in accordance with applicable
law. However, we may reveal your Data or other information about you to
unaffiliated third parties: (1) if you request or authorize it; (2) if the
information is provided to comply with the law, applicable regulations,
governmental and quasi-governmental requests, court orders or subpoenas
(provided that we will notify you of any such communication of your Data to the
extent legally permissible), to enforce our Terms of Service or other
agreements, or to protect our rights, property or safety or the rights,
property or safety of our users or others; (3) if the disclosure is done as
part of a purchase, transfer or sale of services or assets (e.g., in the event
that substantially all of our assets are acquired by another party, your Data
may be one of the transferred assets); (4) if the information is provided to
our agents, outside vendors or service providers to perform functions on our
behalf (e.g., analyzing data, providing customer service, processing orders,
your Data with a third-party as described in items 3 through 5 of the preceding
sentence if such third-party is obligated to protect your Data to the same
or rent your Data to third parties or augment, extend or combine your Data with
data received from third party sources. Your Data will never be publicly
displayed in any way by Bark or any person or entity acting on Bark’s behalf.
By filling in and sending your Registration Data to us, you expressly consent
to receive electronic commercial communications regarding the subject matter of
the Services, and other services including alerts and notices about your Covered
Account(s), and, if you selected the “opt-in” mechanism, you may also receive
newsletters, offers and promotions. If you do not wish to receive such
information from us, you can expressly opt out by sending a notification to
Children's Privacy. The
Site and Services are designed to be a tool for parents and others to use to
facilitate safe online interactions for Dependents. Only those over the age of
18, or those with the valid consent of his/her parent or legal guardian who is over
the age of 18, may subscribe to our Services. This Site is not designed nor
intended to be attractive to children under the age of 13. While our Services
include analysis of online interactions by children, we do not knowingly
collect data from children under the age of 13 without first receiving verified
consent. If you are under 13 please do not submit any information to us.
Data Processing on Your Behalf: Bark as Data Processor.
User Data. Upon your registration for,
and deployment of, the Bark Services, we start collecting Data from the devices
and applications associated with the Covered Account(s), which may include
personal data relating to you, to your Covered Accounts or to third parties,
including information about your devices used by Covered Accounts, websites and
applications that your Covered Accounts use, and contacts, connections,
payments, messages and other communications, posted and received by your
Covered Accounts (collectively, “User Data”). In accordance with applicable
privacy law, to the extent that it applies to the Services, you and your
Dependents are the respective Data Controllers (or the Responsible Party/ies) of
this User Data and you appoint us as a Data Processor of such User Data for the
purpose of providing our Services. User Data is not our property or under our
control and is only monitored by us for purposes of providing the Services. Any
User Data that combines personally identifiable information with non-personally
identifiable information will be treated as personally identifiable
information. We will take reasonably appropriate steps to maintain the accuracy
any User Data we collect.
Your use of User Data.
As Data Controller, you warrant that you have the appropriate authority to
collect and process the User Data and you agree to (i) process and use the User
and applicable law (including any laws in the country where you reside or make
beneficial use of the Service). You will not submit to the Services any
personal data relating to any individual that has not authorized such
processing. You will protect the confidentiality of any accessible User Data
and prevent access by or disclosure to any unauthorized third person. You will
inform us within 24 hours about any problem arising in relation with management
of your Bark account and/or User Data. You and your Users will be responsible
for any illegal use of other person’s data (personal or not) through the
Services, including any use contrary to applicable data protection laws and/or
Rights and Privacy Act of 1974 (“FERPA”) and/or in violation this Privacy
Policy. The parties acknowledge that (a) User Data may include personally
identifiable information from education records that are subject to FERPA
("FERPA Records"); and (b) to the extent that User Data in our
possession, custody or control includes FERPA Records, we will be considered a
"School Official" (as that term is used in FERPA and its implementing
regulations) and will comply with FERPA. We will not disclose FERPA Records as
“Directory Information” under FERPA.
The Services provide device and application monitoring services for Covered
Service. As part of the same, significant amounts of User Data may be collected
and transmitted by the Services to Bark. You are responsible for setting the
configuration of the Services that (i) controls the supervision and monitoring
of activities, and (ii) determines the personal data to be monitored and
collected. The setting of those configurations constitutes instructions by you
for us to process User Data on your behalf as necessary to provide you the
Services. The level and degree of such surveillance and monitoring is entirely
under your control and we will not be liable for any such configuration and
control carried out by you. All such User Data will be under your
responsibility, with Bark as data processor in accordance with this Privacy
Data Processor Obligations.
To the extent that we are a Data Processor on your behalf, we shall (a)
implement appropriate technical and organizational measures to safeguard any
User Data against any unauthorized or unlawful access, loss, destruction,
theft, use or disclosure; (b) limit access to User Data only to those employees
who need to know it to enable us to perform the Services; (c) only process the
instructions, and (d) will not use the User Data for any purposes other than
those related to the performance of the Services or pursuant to your written
instructions. Upon the expiry or termination of this Agreement by way of
de-registration, or upon your request, we will cease any and all use of the
or the applicable Terms of Service, we will not disclose User Data to any third
party without your prior written consent or pursuant to court or administrative
Subcontracting. As Data Processor we may
provide access to any User Data to a subcontractor processor if we reasonably
consider such access and processing necessary to the performance of the
Services. In the event of such access and by a subcontractor or any other
third-party, before the access takes place, we shall ensure that an agreement
with the third party is in place which is sufficient to require it to treat
personal data in accordance with the applicable provisions of this Privacy
Policy. In particular, you authorize us to subcontract to the third parties
mentioned in the following section on international transfers.
Data removal. We
generally retain your User Data on an identifiable basis for 30 days, after
which it is deleted. We may retain portions of your User Data indefinitely as
needed for the purpose of providing reports to you concerning your Covered
Account(s). If you wish to remove all the User Data in your Bark account,
please uninstall Bark from your devices, and send an email (as set out below),
with a digital copy of your ID or other identification document to prove your
identity. Once your identity is confirmed, we will immediately remove all of
your Data from our active systems and back-ups within fifteen (15) days from
confirmation of identity (except as indicated below). Each Covered Account’s
User Data is controlled by the Covered Account and/or you as a Data Controller.
We do not control any User Data and can not and will not provide access in
response to any Covered Account’s request to review or correct errors in
his/her User Data. We will forward any such requests received by us to you and
you will be responsible for responding to any such requests.
You, as the party responsible for User Data that we process on your behalf as
Data Processor for the provision of the Services, represent and warrant to us
You comply with all applicable laws with respect to the monitoring and
control of devices and applications used by you or your Covered Accounts; and
You have all legally required informed consents from each and every data
subject, including without limitation, each Covered Account, whose personal
data are submitted to us in the course of the provision of the Services or
collected and transmitted to us by the Services.
Indemnity. You agree to indemnify and
keep us harmless from all claims, damages and losses we may suffer relating to
or arising out of the processing of User Data and other third party personal
data submitted to our systems during the course of your use and our provision
of the Services.
International Transfers of Data.
We use third party technological services for the provision of Services, whose
providers may process Registration Data and User Data collected in the course
of providing us their services indicated below, as sub-processors. You
authorize us to subcontract the following services and the corresponding
transfer of User Data to the entities and countries listed here.
Data Security. We
have adopted technical and organizational measures to preserve and protect your
Data (including User Data) that we monitor from unauthorized use or access and
from being altered, lost or misused, taking into account the technological
state of art, the features of the information stored and the risks to which
information is exposed, including without limitation encryption of all Data at
rest and in transit. Further, we engage a third party to audit our security
policies, procedures and standards on an annual basis. However, due to the
nature of the information and related technology, we cannot ensure or guarantee
the security of your Data and expressly disclaim any such obligation. If we
learn of a security breach, then we will attempt to notify you electronically
as soon as reasonably possible so that you can take appropriate steps. You have
a role in the security of your information and you are responsible to make sure
your log-in information is kept from other people. If your log-in information
is lost or stolen, you can change your email/user name or password on the
Account page of the Site. If we receive instructions using your log-in
information we will consider that you have authorized the instructions.
Analytics and other anonymous data use. For the purpose of analyzing and improving our
Services, we may anonymize your Data and store and process this anonymized
data. This anonymized data is used only for our internal analysis to determine
how our Services are used, measuring their effectiveness, and providing general
customer service. We may share aggregated and anonymized information we collect
with third parties, including our service providers and affiliates, for the
purpose of conducting general business analysis.
Accessing Your Information and Your Choices. You have the right to access, rectify, erase, block
and oppose any processing of your personal data that we may have. You can
update, amend or delete your contact information at any time by visiting the
Settings page on the Site. You can update or change your billing and payment
information on the My Account page on the Site. You can choose not to receive
promotional emails from us by “unsubscribing” using the instructions in any
promotional email you receive from us. This will not stop us from sending
emails about your account or your transactions with us. You can choose to
delete or block cookies by setting your browser to either reject all cookies or
to allow cookies only from selected sites. If you block cookies performance of
the Site may be impaired and certain features may not function at all.
Moreover, you may at any time withdraw your consent to the processing of your
personal data and information. This withdrawal will not have retroactive
effects but may prevent us from providing the Services. The above is without
prejudice to applicable law enabling conservation of your data for the purpose
of defending our responsibility and complying with mandatory legal obligations.
The aforementioned rights may be exercised by contacting us at firstname.lastname@example.org or
by mailing us at Bark Technologies Inc., P.O. Box 1841, Richmond Hill, GA
31324. We will assist you in accordance with the functionalities of the
regard to the processing of their personal data.
Consent. By registering for the
Services and creating an account, you declare to have read and accepted the
foregoing, you expressly and unequivocally consent to:
collection and processing of your Data by us in accordance with the indicated
collection and processing of User Data on your behalf, as indicated herein; and
Economic Area (particularly in the United States of America) by the
subcontractors listed here.
Your consent to personal data collection and processing may be revoked, without
retroactive effects, in accordance with applicable law.
Your California Privacy Rights. California residents are
permitted by California law to request information about the manner in which we
share certain categories of information with others for their marketing
purposes. Please email us at email@example.com to request this disclosure.
Links to Other Sites. We may permit others to link
to this Site or to post a link to their site on ours. We do not endorse these
sites and are not responsible for other sites or their privacy practices.
Please read their privacy policies before submitting information.
governs how we may use your information. If we make material changes we will
post the revised Policy and the revised effective date on this Site and inform
you of the change upon your next use of the Services. Please check back here
from time to time to review any changes.