Privacy Policy
1. Introduction
The following statement sets out details of the privacy policy adopted by Bark A.I. Ltd. (“Bark A.I.”, “us”, “we” or “our”) related to our services (the “Services“) and/or website (the “Website”). The Service are limited to the e-commerce channels listed on our Website. Your privacy and the integrity of any information you provide are important to us for providing our Services and/or for the operation of the Website.
Our Services and/or Website may be connected by other third party’s (e.g., third-party platforms such as Google, Facebook, Shopify, etc.) sites and/or services. We are not responsible in any way for the privacy practices on other third party’s sites and/or services and suggest that you review the privacy policies of those third parties before using them.
Any information stored on our Website and/or obtained by us in connection with our Services is treated as confidential. All information is stored securely and is accessed by authorized personnel only. We implement and maintain appropriate technical, security and organizational measures to protect Personal Data (as defined below) against unauthorized or unlawful processing and use, and against accidental loss, destruction, damage, theft or disclosure.
2. Website; Visitors and Users
2.1. General
The following sections cover the specifics of each of the following groups from which Personal Data is collected: Website’s visitors (“Visitors”) and/or users (“Users”) and/or Business Partners and Clients of our Services (collectively “Partners”). For the purposes of this Policy Personal Data shall mean and may comprise: First and last name, postal and email address, telephone number, on-site transactions, data from social networks, areas of interest, interest in products, as well as information as to the type of relationship that exists between us and Visitors, Users and/or Partners that shall have the meaning ascribed to such terms in the applicable data protection regulation and/or law.
2.2. Collection and Use
By visiting the Website, you consent to the collection and use of your Personal Data as described herein. If you do not agree with the terms set out herein, please do not visit the Website. If required by applicable law, we will seek your explicit consent to process Personal Data collected on the Website or volunteered by you. Kindly note that any consent will be entirely voluntary. However, if you do not grant the requested consent to the processing of your Personal Data, the use of the Website may not be possible. We may collect, record and analyze information of Visitors to the Website. We may record your IP address and use cookies (see: Cookies Policy below). we may add information collected by way of page view activity. Furthermore, we may collect and process any Personal Data that you volunteer to provide, and/or make available to, us in our Website’s forms, such as when you subscribe or sign up for our Services and/or for receiving information. If you provide us with your social media details and/or activity under third party’s platform, we may retrieve publicly available information about you from such social media and/or third party’s platform. We gather data about visits to the Website, including numbers of Visitors, purchases and visits, Geo-location data, length of time spent on the Website, pages clicked on or where Visitors have come (+ from which channel). For the purposes of this Policy, Visitor shall mean any person who visits the Website and reviews any of its content; User shall mean any Visitor of the Website who receives Service(s) and/or actively provides data (e.g. via forms, registration process or other methods).
2.3. Purpose of processing Personal Data
We may process Personal Data to operate, improve, understand and personalize our Website and/or Services. For example, we use the following Personal Data to use your data augmented with data from our operations to improve the accuracy of our Services; Communicate with you about the Services; Contact you about Service announcements, updates or offers; Provide support and assistance for the Services; Meet or comply with contractual or legal obligations; Collaborate, cooperate and otherwise work with our business partners, vendors and service providers; Sharing Personal Information with our vendors and service providers who may perform services on our behalf; Enforce our Terms of Use and/or Service Terms & Conditions; Additionally, we may communicate with you through the means you’ve provided us to do so.
We shall not process Personal Data unless there is a legal basis for such processing. The legal bases according to which we may process Personal Data are as follows: (1) Your consent that we will process Personal Data about you for one or more specific purposes; (2) Processing is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract (by way of example, in order to allow you to use our Services); (3) Processing is necessary for the purposes of the legitimate interests pursued by us or by a third party (by way of example, for the purpose of improving our Website and/or Services, or for the exercise or defense of legal claims); (4)
2.4. Sharing Personal Data
We may also share such information with service vendors, Partners and/or contractors in order to provide a requested service or transaction or in order to analyze the Visitor and/or Users behavior on the Website and/or Partners’ websites.
For Visitor and/or User with accounts located in the European Data Region, all processing of Personal Data is performed in accordance with privacy rights and regulations following in accordance with the GDPR (as defined below) and/or the applicable Data Protection Laws and Regulations (as defined below).
Personal Data about you may be transferred to a third country (i.e., jurisdictions outside the EEA) or to international organizations. In such circumstances, we shall take appropriate reasonable efforts to safeguard aimed to ensure the protection of Personal Data about you and provide that enforceable data subjects’ rights and effective legal remedies for data subjects are available.
These safeguards and protection will be available if any of the following are met:
(a) The transfer is to a third country or an international organization which the EU Commission decided that they provide an adequate level of protection to the Personal Data that is transferred to them pursuant to Article 45(3) of the GDPR (as defined below);
(b) The transfer is according to legally binding and enforceable instrument between public authorities or bodies pursuant to Article 46(2)(a) of the GDPR (as defined below); or
(c) The transfer is in accordance with standard data protection clauses adopted by the EU Commission pursuant to Article 46(2)(c) of the GDPR (as defined below).
You may request us to be provided with details concerning the safeguards employed by us to protect the Personal Data about you which is transferred to a third country or an international organization, by sending an email to the email address below.
3. Partners
3.1. General
In order to provide our Services to our Partners, we may collect or obtain certain types of data from them. Partners may upload, transmit, import, post or process anonymized data about their users, visitors and/or customers, including without limitation e-commerce channel’s shop data (“Data”) in the Service. During a Partner’s use of our Services, it may provide us with its and/or its customers’ information such as personal info and transactions history. Partner will not use, and will not assist or knowingly permit any third party to, (i) use the Services to collect or store personally identifiable information (information that may identify an individual); (ii) pass personally identifiable information data to us that could use or recognize as personally identifiable information of its customers. This information is used by us to identify the Partner and provide it with Services, support, mailings, sales and marketing actions, billing (if required or applicable) and to meet our contractual obligations with the relevant Partner. In addition, we will only have access to information related to the Partner’s users, visitors and/or customers after it has been pseudonymized by the Partner, unless otherwise required and authorized by such users’, visitors’ and/or customers’ explicit consent, or by the law and/or legal authority.
Partner acknowledges that: (i) the Service does not operate as an archive or file storage service and we do not store or backup the Data that Partner upload, import or post, or otherwise generate during its use of the Service; (ii) it is solely responsible for the backup of the Data; and (iii) it will lose access to any Data that have been deleted. Partner may download certain Data that provided to us at any time, or as otherwise set forth herein, provided Partner comply with this policy and/or our Terms & Conditions and Bark A.I.’s security requirements.
Partner understands and acknowledges that the Internet and communications over it may not be secure, and that connecting to it provides the opportunity for unauthorized access to computer systems, networks, and all data stored therein. The information and data transmitted through the Internet (including, without limitation, the Data) or stored on any equipment through which Internet information is transmitted may not remain confidential and Bark A.I. makes no representation or warranty regarding privacy, security, authenticity, non-corruption or destruction of any such information. Use of any information transmitted or obtained over the Internet is at the Partner’s own risk and Bark A.I. shall not be responsible for any adverse consequence or loss whatsoever from the use of the Internet.
3.1.1. Processing of Personal Data
We rely on the Partner’s consent to process Personal and/or on Partner’s representations and statements that such Partner has obtained the required consent from its customers and/or users. On other occasions, we may process Personal Data when it needs to do this to fulfill a contractual obligation with you as a Partner or where it is required to do so by law.
We may also process Personal Data when it is in our or our Partners’ legitimate interests to do so and when these interests are not overridden by the individual’s data protection rights (which may vary based on an individual’s jurisdiction).
Partner acknowledges and agrees that the Data which will be provided to us may contain personally identifying information or personal data, as defined by the applicable laws which govern the use of data relating to identified or identifiable natural persons residing in the EU and/or the state of California in the United States, including the laws of the European Union (“EU”) Data Protection Act 1998, the EU General Data Protection Regulation (“GDPR”), and the California Consumer Protection Act effective as of January 1, 2020, as each of these laws are amended or replaced from time to time, and any other foreign or domestic laws to the extent that they are applicable to the personally identifiable or personal data you upload, transmit, post or process while using the Service (“Data Protection Laws and Regulations”).
Partner hereby grants us a non-exclusive right and license to receive, retrieve, access, use, reproduce, display, copy, transmit, process and store (collectively, “Process”) the Data in order to provide the Services. Partner retains ownership of its Data. We may redact, anonymize, and/or aggregate the Data with content and data from our other Partners and/or e-commerce channels (“Data Aggregations”) for purposes including, without limitation, product and service development and commercialization and quality improvement initiatives. We will redact or anonymize Data in such a way as to not divulge any Confidential Information (as defined below) or personally identifying information. All Data Aggregations will be the sole and exclusive property of Bark A.I.
Partner represents and warrants that: (i) it have lawfully obtained any personally identifying information or Personal data pursuant to any and all applicable and relevant Data Protection Laws and Regulations; (ii) it have appropriately disclosed to end-users or customers how personally identifiable information or personal data will be used, processed, stored and/or shared pursuant to any and all applicable and relevant Data Protection Laws and Regulations; (iii) it is responsible for honoring any requests from end-users or customers relating to the collection, use and storage of personally identifiable information or personal data as required by any and all relevant Data Protection Laws and Regulations; (iv) it owns or have acquired the right to all of the intellectual property rights subsisting in the Data, and have the right to provide Bark A.I. the license granted herein to the Data; and (ii) the Data does not infringe or violate any patents, copyrights, trademarks or other intellectual property, proprietary or privacy rights of any third party. Partner shall remain solely responsible and liable for the Data, including without limitation for your use of and reliance upon such Data, and expressly release us from any and all liability arising from any such activities.
3.1.2. Controller/Processor
We may process Personal Data both as a Processor and/or as a Controller, as defined in the GDPR and/or the Data Protection Laws and Regulation:
– For Visitor’s and/or User’s data, provided by the Visitor and/or User to us, we will be the Controller in accordance with the GDPR and/or the Data Protection Laws and Regulations.
– For Partner’s data and/or Partner’s customers’ data, provided by the Partner to us, we will be the Processor in accordance with the GDPR and/or the Data Protection Laws and Regulations.
All data collected by us will be stored exclusively in secure hosting facilities. All hosting is performed in accordance with the highest security regulations. We contract with such hosting providers ensures that all hosting is performed in accordance with the highest security regulations.
We have adopted reasonable physical, technical and organizational safeguards against accidental, unauthorized or unlawful destruction, loss, alteration, disclosure, access, use or processing of the Partner’s data and/or Partner’s customers’ data and/or the Personal Data in its possession. we will promptly notify Partner in the event of any known unauthorized access to, or use of, the Partner’s data and/or Partner’s customers’ data and/or the Personal Data.
3.1.3. Third-Party Data Protection.
To the extent that the use of the Services (where applicable) requires Partner to process its costumers’ Personal Data, as part of its use of any third-party’s platform (e.g., third-party platforms such as Google, Facebook, Shopify, etc.), for the purposes of the GDPR and/or the Data Protection Laws and Regulations, such platform will be the Controller and Partner will act as a Processor and will:
(a) comply with, and only act on, instructions from and on behalf of the third-party platform regarding the processing of that Personal Data;
(b) not process that Personal Data for any purposes other than the Services;
(c) ensure that appropriate technical and organizational measures are taken to avoid unauthorized or unlawful processing of that Personal Data and against loss or destruction of, or damage to, that Personal Data;
(d) ensure the reliability of all of the personnel who have, and will have, access to that Personal Data;
(e) not, by any act or omission, place the third-party platform and/or us in breach of the Data Protection Laws;
(f) inform the third-party platform and/or us immediately of any suspected or confirmed data protection breaches or unauthorized or unlawful processing, loss, or destruction of, or damage to, that Personal Data;
(g) not subcontract to any third party any of Partner’s obligations to process the Personal Data on behalf of the third-party platform without the platform’s prior written consent;
(h) not process, or cause to be processed, that Personal Data outside the European Economic Area unless Partner has: (i) the third-party platform’s prior written consent to do so; and (ii) fulfilled all of the third-party platform’s requirements to enable the processing to take place outside the European Economic Area; and
(i) to the extent that Partner is sending any electronic marketing communications on its behalf and/or on behalf of the third-party platform, ensure that the recipient has provided its consent to such communications, provide the ability to unsubscribe from such communications with each such communication, and comply with any such unsubscribe requests.
4. Security
We implement reasonable administrative, organizational and technical safeguards and security measures to protect Personal Data from unauthorized access, disclosure, destruction or alteration, accidental loss, misuse or damage.
When disclosure of data to third parties is necessary and authorized, We ensure that these third parties guarantee the same level of data protection as that offered to them by us and requires contractual obligations so that the data is exclusively processed as per the provisions of this Privacy Policy and for the purposes, Partner have previously accepted and with the required confidentiality and security.
If a Visitor, User and/or Partner has reason to believe that its interaction with us is no longer secure, it should immediately notify us.
Please Note: We cannot guarantee that our security measures will prevent third-party ‘hackers’ from illegally obtaining information. We take all reasonable measures to prevent such breaches of security, but given the resourcefulness of cyber-criminals, We are unable to guarantee that our security is one hundred percent (100%) breach-proof. Visitors, Users and/or Partners assume the risk of such breaches to the extent that they may occur despite our reasonable security measures.
5. Cookies
Please see our Cookie Policy for more information about the type of cookies and tracking technologies that we use on the Website and why, and how to accept or reject them.
6. Links to other sites
Please be aware that while visiting the Website, Visitors and/or Users can follow links to other sites that are beyond our control of influence. We are not responsible for the content or privacy policy of these other sites.
Wherever you access such third parties’ websites and/or services (including our Partners’ services), we recommend that you carefully review their privacy policies prior to using such websites and/or services and prior to disclosing any Personal Data.
7. Retention and deletion
We will not retain data longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations. For User data, Users with an active account will therefore have the responsibility to delete data when required. When a User’s account is terminated or expired or when our contractual relationship with a Partner is terminated, all related Personal Data collected through the Website and/or the Services will be deleted, as required by applicable law.
Where the legal basis for the processing of the Personal Data about you is consent, you may at any time withdraw your consent for the purposes for which you provided your consent by sending a notice to the email address below. Where you withdraw your consent for the processing of Personal Data about you, we might not be able to provide you with some or all of the Services you requested or in the form intended to be provided to you, and you will have no claim in respect of that.
Whenever the processing of Personal Data about you is necessary for the purpose of the legitimate interests pursued by us or by a third party, the processing is conditional upon such interests not overridden by your interests or fundamental rights and freedoms which require protection of Personal Data about you. At any time, you may approach us by sending a notice to the email address below, in order to receive information concerning the review performed by us in order to reach the conclusion that we may process the Personal Data about you on account of such processing is necessary for the purposes of the legitimate interests pursued by us or by a third party.
8. Acceptance of this Policy
We assume that all Visitors and/or Users and/or Partners have carefully read this Privacy Policy and agree to its content. If someone does not agree with this Privacy Policy, it should refrain from using the Website and/or the Services. We reserve the right to change this Privacy Policy as a necessity. We encourage Visitors and/or Users and/or Partners to frequently check this page for any changes. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of modifications. Continued use of the Website and/or the Services after any changes to these conditions implies acceptance of the revised Privacy Policy. Unless stated otherwise, all amendments will enter into force upon publishing such updated Privacy Policy.
9. Our Legal Obligation to Disclose Personal Data
We will reveal a Visitor’s and/or User’s and/or Partner’s Personal Data without prior permission only when we have reason to believe that the disclosure of this information is required to establish the identity of, to contact or to initiate legal proceedings against, a person or persons who are suspected of infringing rights or property of us or of others who could be harmed by the Visitor’s and/or User’s and/or Partner’s activities or of persons who could (deliberately or otherwise) transgress upon these rights and property. We are permitted to disclose Personal Data when we have good reason to believe that this is legally required.
10. Children’s Information
We do not knowingly collect or solicit information from individuals under 13 years of age. If We later obtain actual knowledge that an end-user is under 13 years of age, we will take steps to remove that User’s information from our systems. We are in compliance with the requirements of COPPA (Children Online Privacy Protection Act) and do not collect any information from anyone under 18 years of age.
11. Data Protection Officer
We have a “Data Protection Officer” who is responsible for matters relating to privacy and data protection. This Data Protection Officer can be reached at the following address: info@bark-ai.com.
12. Limited Use Requirements
Bark AI use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.
We are committed to safeguarding the privacy of our users and ensuring the security of their personal information. We do not share user data with any external AI models or services. Your trust is important to us, and we strive to maintain transparency in our data-handling practices. Therefore, we explicitly state that user data is not shared with third-party AI models or services.
