Privacy Policy and Notice
1. Introduction.
(a) Web Site Owner. Tungsten, LLC, D/B/A Therabark, LLC an Illinois Limited Liability Company ("TheraBark") is the owner of this web site ("TheraBark Web Site"). TheraBark can be contacted by e-mail at info@therabark.com. This online privacy notice discloses TheraBark information practices for this TheraBark Web Site, including what type of personal identifiable information is requested in order to make a purchase, how the information is used, and with whom the information is shared.
(b) Web Site Visits. In general, you can visit on the TheraBark Web Site without disclosing any personal information. TheraBark does keep track of the domains from which people visit us.
(c) Web Site Transactions. At times, TheraBark will need personal information regarding a customer or a prospect. For example, to process an order or provide a subscription, TheraBark may need to know a customer's name, mailing address, e-mail address and credit card details. It is TheraBark's intent to inform you before TheraBark collects personal information, such as user's name and/or address on the Internet. If you tell us that you do not wish to have this information used as a basis for further contact with you, TheraBark will respect your wishes.
2. Personal Information That May Be Collected.
(a) Identifying Information. In order to make a purchase and/or access designated subscriber services and/or restricted areas within the TheraBark Web site, TheraBark will request a user to provide certain personal identifying information, which may include: name, postal address, e-mail address, screen name, password, telephone number, facsimile number, method of payment, and, if applicable, credit card number. TheraBark may request additional information necessary to establish and maintain customer's account.
(b) Service Quality Monitoring. Some Web site transactions may require a customer to telephone TheraBark, or TheraBark to call the customer. TheraBark will not contact you by telephone without your prior consent, except to confirm an order placed online and/or to inform a customer of the status of such order. Customer should be aware that it is TheraBark's practice to monitor, and in some cases record such calls for staff training or quality assurance purposes.
(c) Information from Children. TheraBark does not sell products or services for purchase by children, and will not collect or post information from a child under the age of 18 without the involvement of a parent or guardian. TheraBark will notify the child's parent or guardian at the e-mail address provided by the prospective customer, alerting the parent or guardian to the child's use of the Web site and providing instructions as to how the parent or guardian can delete the child's registration from the Web site.
(d) Lost or Stolen Information. If a customer's credit card and/or password is lost or stolen, the customer should promptly notify TheraBark in order to enable TheraBark to cancel the lost or stolen information and to update its records with a changed credit card and/or password.
(e) Chat Rooms, Forums and Bulletin Boards. If customer participates in an TheraBark chat room, discussion forum, or posts messages to an TheraBark bulletin board, customer should be aware that the information disclosed and shared will be broadly available to other persons, both inside of and/or outside TheraBark, who have access to that chat room, forum or bulletin board. Some individual TheraBark chat rooms, forums or bulletin boards have additional rules and conditions regarding participation. Also, participant's expressed opinion is his or her own and should not be considered as reflecting the opinion of TheraBark.
(f) Links to Other Web Sites. An TheraBark Web site may contain links to other web sites. TheraBark is not responsible for the privacy practices or the content of those other Web sites.
3. Uses Made of the Information.
(a) Limited Uses Identified. Without customer's prior consent, TheraBark will not use your personal identifiable information for any purpose other than that for which it is submitted. TheraBark uses personal identifiable information to reply to inquiries, handle complaints, provide operational notices and in program record-keeping. TheraBark also processes billing and business requests related to TheraBark Web Site participation.
(b) Marketing Uses. Unless customer marks an "x" on the opt-out option box herein provided, TheraBark reserves the right to provide customer with information about TheraBark's Web site, TheraBark products and services, and related information in which customer has indicated an interest.
(c) Stored Information Uses. TheraBark stores the information provided by customer. This information is used to compile a customer's purchase history in order to enable TheraBark to recommend products, services, or special offers that would be of interest to a customer.
(d) Online Advertising. Some companies that help TheraBark deliver interactive on-line advertising, such as banner ads, may collect and use information about TheraBark's customers to help TheraBark better understand the types of advertising or promotions that are most appealing to TheraBark's customers. After it is collected the information is aggregated so it is not identifiable to a specific individual. If, however, customer would prefer that these companies not collect such information, please mark an "x" on the opt-out option box herein provided.
4. Disclosure of the Information.
(a) Within Corporate Organization. TheraBark is a multinational organization, with legal entities, business processes, management structures, and technical systems that cross borders. TheraBark may share your personal information within the TheraBark corporate organization, and may transfer the information to countries in the world where TheraBark conducts business. Some countries may provide less legal protection for customer personal information. In such countries TheraBark will still handle customer personal information in the manner described herein.
(b) Mergers and Acquisitions. For the purpose of developing and expanding its business, TheraBark may share, rent, sell or buy business assets. In such transactions, customer information is generally one of the transferred business assets. Also, in the event TheraBark is acquired, customer information will be one of the transferred assets.
(c) Agents. TheraBark employs or engages other companies and individuals to perform business functions on behalf of TheraBark. These persons are provided with personal identifying information required to perform their functions, but are prohibited by contract from using the information for other purposes. These persons engage in a variety of functions which include, but are not limited to, fulfilling orders, delivering packages, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments and providing customer services.
(d) Affiliated Businesses. TheraBark works closely with affiliated businesses operating web site stores, providing services or selling products on each other's Web sites. These businesses identify themselves to customers. Customer information related to a transaction with an affiliated business is shared with that affiliated business.
(e) Marketing Analysis by Third Parties. TheraBark reserves the right to disclose to third parties personal information about customers for marketing analysis; however, any information disclosed will be in the form of aggregate data that does not describe or identify an individual customer.
(f) Disclosure to Governmental Authorities. Under certain circumstances, personal information may be subject to disclosure pursuant to a judicial or other government subpoenas, warrants or orders.
5. Use of Computer Tracking Technologies.
(a) No Tracking of Personal Information. TheraBark's Web Site(s) are not set up to track, collect or distribute personal information not entered by visitors. Through web site access logs TheraBark does collect clickstream data and HTTP protocol elements, which generate certain kinds of non-identifying site usage data, such as the number of hits and visits to our sites. This information is used for internal purposes by technical support staff for research and development, user analysis and business decision making, all of which provides better services to the public. The statistics garnered, which contain no personal information and cannot be used to gather such information, may also be provided to third parties.
(b) Use of Cookies. TheraBark, or its third party vendors, collects non-identifiable and personal information through the use of various technologies, including "cookies." A cookie is an alphanumeric identifier that a Web site can transfer to customer's hard drive through customer's browser. The cookie is then stored on customer's computer as an anonymous tag that identifies the customer's computer, but not the customer. Cookies may be sent by TheraBark or its third party vendors. Customer can set its browser to notify customer before a cookie is received, giving an opportunity to decide whether to accept the cookie. Customer may also set its browser to turn off cookies; however, some Web sites may not then work properly.
(c) Use of Web Beacon Technologies. TheraBark may also use Web beacon or other technologies to better tailor its Web site(s) to provide better customer service. If these technologies are in use, when a visitor accesses these pages of the Web site, a non-identifiable notice of that visit is generated which may be processed by TheraBark or by its suppliers. Web beacons usually work in conjunction with cookies. If customer does not want cookie information to be associated with customer's visits to these pages, customer can set its browser to turn off cookies; however, Web beacon and other technologies will still detect visits to these pages, but the notices they generate cannot be associated with other non-identifiable cookie information and are disregarded.
(d) Collection of Non-Identifiable Information. TheraBark may collect non-identifiable information from user visits to the TheraBark Web site(s) in order to provide better customer service. Examples of such collecting include: traffic analysis, such as tracking of the domains from which users visit, or tracking numbers of visitors; measuring visitor activity on TheraBark Web site(s); Web site and system administration; user analysis; and business decision making. Such information is sometimes known as "clickstream data." TheraBark or its contractors may use this data to analyze trends and statistics.
(e) Collection of Personal Information. TheraBark collects personal identifying information from customer during a transaction. TheraBark may extract some personally identifying information about that transaction in a non-identifiable format and combine it with other non-identifiable information, such as clickstream data. This information is used and analyzed only at an aggregate level (not at an individual level) to help TheraBark understand trends and patterns. This information is not reviewed at an individual level.
6. Information Security.
(a) Commitment to Online Security. TheraBark employs physical, electronic and managerial procedures to safeguard the security and integrity of personal information. Billing and payment data is encrypted whenever transmitted or received online. Personal information is accessible only by staff designated to handle online requests or complaints. All TheraBark agents and contractors with access to personal information on the TheraBark web site(s) are also bound to adhere to TheraBark security standards.
(b) No Liability for Acts of Third Parties. TheraBark will exercise all reasonable efforts to safeguard the confidentiality of customer personal information. However, transmissions protected by industry standard security technology and implemented by human beings cannot be made absolutely secure. Consequently, TheraBark shall not be liable for unauthorized disclosure of personal information due to no fault of TheraBark including, but not limited to, errors in transmission and unauthorized acts of TheraBark staff and third parties.
7. Privacy Policy Changes and Opt-Out Rights.
(a) Changes to Privacy Policy. This privacy notice was last updated on March 12, 2022. TheraBark reserves the right to update its privacy policy statement at any time. A notice of such change will be posted on the TheraBark Web site home page for seven (7) days prior to the implementation of such change. There are two boxes at the end of TheraBark's notice of change: (1) an "I accept" box, and (2) an "I do not accept" box. If customer does not mark the "I do not accept" box, customer will be deemed to have accepted TheraBark's privacy policy updates.
(b) Opt-Out Right. Customer and prospective customer has the right at any time to cease permitting personal information to be collected, used or disclosed by TheraBark and/or by any third parties with whom TheraBark has shared and/or transferred such personal information. Right of cancellation may be exercised by contacting TheraBark via e-mail at info@therabark.com, telephone or postal mail. After processing the cancellation, TheraBark will delete customer or prospective customer's personal information from its data base.
8. Access Rights to Data.
(a) Information Maintained by THERABARK. Upon customer's request, TheraBark will provide a reasonable description of customer's personally identifiable information that TheraBark maintains in its data bank. TheraBark can be contacted by e-mail at info@therabark.com.
(b) Corrections and Changes to Personal Information. Help TheraBark to keep customer personal information accurate. If customer's personal information changes, or if customer notes an error upon review of customer information that TheraBark has on file, please promptly e-mail TheraBark at info@therabark.com and provide the new or correct information.
(c) Your California Privacy Rights. Beginning on January 1, 2005, California Civil Code Section 1798.83 permits customers of TheraBark who are California residents to request certain information regarding TheraBark’s disclosure of personal information for their direct marketing purposes. To make such a request, please write to: info@therabark.com. Within 30 days of receiving such a request, TheraBark will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. TheraBark reserves its right not to respond to requests submitted other than to the address specified in this paragraph.
California’s privacy laws require a company to provide notice to California users of their rights to receive information on to which entities their information was shared for marketing purposes.
9. Accountability.
(a) Questions, Problems and Complaints. If you have a question about this policy statement, or a complaint about TheraBark compliance with this privacy policy, you may contact TheraBark by e-mail at info@therabark.com. If TheraBark is unable to resolve your complaint to your reasonable satisfaction or if customer does not receive acknowledgment of an inquiry, customer may elect to proceed by contacting info@therabark.com.
(b) Terms of Use. If customer chooses to enter into a purchase order or to subscribe to TheraBark's services, customer's action is hereby deemed acceptance of TheraBark practices described in this policy statement. Any dispute over privacy between customer and TheraBark is subject to the provisions of this notice and to TheraBark's Terms of Use Agreement which is hereby incorporated herein and which can be read at https://www.therabark.com/website-terms-of-use.