BARK TECHNOLOGIES LIMITED and its agents and affiliates (collectively, “we”, “us”, or “our”) are committed to protecting privacy. This Privacy Policy (the “Policy”) applies to the collection, use, processes, disclosure or retention of your Personal Data when you access or use our website: https://barktrading.com (the “Website”) or desktop application: https://barktrading.com/download (together, the “Digital Properties”) and any and all products and services offered by us (“Services”), including Services offered by, through, or in association with the Digital Properties.

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This Policy explains how Personal Data and other information that we receive or collect about you may be used. The term “you”, “your” or “User” refers to any individual that accesses or uses the Digital Properties or purchases or uses any of our Services.

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This Policy is designed to be read in connection with our Terms & Conditions – Website/Desktop Application, which is available at https://barktrading.com/terms-of-service. In this Policy, we also explain our privacy practices and how we collect information, including your rights as a User.

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READ THIS POLICY CAREFULLY BEFORE MAKING USE OF ANY OF THE DIGITAL PROPERTIES OR THE SERVICES. BY USING THE DIGITAL PROPERTIES OR THE SERVICES, YOU AGREE AND CONSENT TO THE PRACTICES AND POLICIES DESCRIBED IN THIS POLICY, AND TO THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL DATA (AS DEFINED HEREINAFTER) BY US IN ACCORDANCE WITH THE TERMS OF THIS POLICY.

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IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY OR DO NOT HAVE THE AUTHORITY TO AGREE TO ANYTHING IN THIS POLICY ON BEHALF OF YOUR ORGANIZATION, DO NOT ACCESS OR USE THE DIGITAL PROPERTIES OR THE SERVICES.

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This Policy, your access to and use of the Digital Properties and/or Services will be governed by British Columbia law.

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1.    Data Collected

In order to better provide you with the Digital Properties and/or Services, we may collect 2 types of information about you: personal data that lets us know the specifics of who you are or as otherwise defined under applicable law (“Personal Data”), and aggregate information, which does not by itself identify you, but is a collection of information related to a collective of Users (“Aggregate Information”). Note that while you determine whether to disclose Personal Data to us, if you elect not to do so, we may not be able to provide you with the full User experience and/or Services.

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2.    Website Cookies

Cookies are electronic data that contain information about you. They are stored on your computer or other device(s) when you access websites and are widely used to remember you and your preferences. We may use cookies or other tracking tools to better provide you with the Services, in addition to any other purposes described in this Policy or any other policy we may publish on the Digital Properties from time to time.

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You can change your browser’s settings to delete cookies, block your browser from accepting new cookies or notify you when you receive a cookie so that you may decline its acceptance. If you block cookies when using the Website, you may experience difficulty or be unable to use our Services.

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3.    Collection and Use of Personal Data

We only collect Personal Data to fulfil the purposes set out in this Policy. We use Personal Data you provide to us, for example, by using or viewing the Digital Properties, creating an account with us, analyzing data/pricing through the Digital Properties, recording trades or sending emails to us. We may use Personal Data to communicate with you, send you notifications, manage your account with us, complete transactions with you, provide you with the Services you request, offer you additional Services, improve our Services, provide you with subscriptions or promotional information, deliver advertising and content targeted to your interests relating to our Services, improve our promotional offers and advertising, improve our customer service and overall user experience on the Digital Properties, manage and improve the Digital Properties, protect the security and integrity of the Digital Properties, correct technical problems and malfunctions on the Digital Properties, conduct research in connection with the Digital Properties and Services for various purposes including advertising, analytical and testing purposes, share your Personal Data with unaffiliated companies or individuals that perform Services on our behalf, with our professional advisors in connection with our Services and business transactions and with third parties that we have your consent to share such information with, perform our obligations under this Policy, comply with legal or regulatory obligations and for other reasonable purposes as permitted by law.

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We and/or associated third-party providers may collect Aggregate Information, such as the collection of your IP address to diagnose system errors or to administer our Services.

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4.    Limiting Collection

The Personal Data collected will be limited to those details necessary for the purposes identified by us. With your consent, we may collect Personal Data from you in person, over the telephone or by corresponding with you via mail, facsimile or the Internet. Personal Data may only be used or disclosed for the purpose for which it was collected unless you have otherwise consented, or when it is required or permitted by law.

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5.    Consent

Knowledge and consent are required for the collection, use or disclosure of Personal Data except where required or permitted by law. Providing us with your Personal Data is always your choice. However, your decision not to provide certain information may limit our ability to provide you with our Services. We will not require you to consent to the collection, use, or disclosure of information as a condition to the supply of any Services, except as required to be able to supply such Services.

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6.    Data of Third Parties

With respect to the Personal Data of any third parties that you may provide to us, including in connection with your use of the Digital Properties and the Services, you are responsible for obtaining the third party’s consent to the collection, use and disclosure of their Personal Data in accordance with the terms of this Policy, and you hereby represent and warrant that you have such consent.

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7.    Disclosure of Personal Data

We may share your Personal Data with any member of our business, which includes without limitation our directors, officers, owners, employees, contractors, agents, partners and affiliates, as necessary to perform the purposes set out in this Policy.

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We do not sell or rent Personal Data to marketers or unaffiliated third parties.

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We will not use or disclose your Personal Data except in accordance with this Policy or under the following circumstances:

a)    as necessary to provide Services to you;
b)    as otherwise described in this Policy or to which you have consented;
c)    as required by law;
d)    to auditors which agree to keep the data confidential;
e)    as necessary to enforce the Terms & Conditions – Website/Desktop Application, the Terms & Conditions – Services, and other policies and regulations in accordance with the Digital Properties and Services; and
f)    as necessary to maintain, safeguard and preserve all our rights and property.

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8.    Storage of Personal Data

We retain Personal Data in accordance with applicable Canadian law. We will not retain Personal Data longer if such data is no longer needed for the purpose that it was collected.

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We may retain Personal Data for a longer period if:

a)    you provide us with such consent; or
b)    we are required to do so for the performance of a legal obligation.

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We will delete your Personal Data when it is no longer required for its intended purpose or when we are not legally obligated to retain such data. Your right to access, request erasure, request rectification and data portability cannot be enforced once we delete such data.

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9.    Security of Personal Data

We take commercially reasonable steps to ensure that your Personal Data is kept safe from loss, unauthorized access, modification or disclosure.  Among the steps we take in order to protect your information are:

a)    securing our physical location;
b)    storing Personal Data in a secure manner using Google’s Cloud Platform;
c)    restricting access to Personal Data;
d)    deploying technological safeguards like security software and firewalls to prevent hacking or unauthorized computer access; and
e)    following internal password and security policies.

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10.    Privacy Breach Response

We will use our best efforts to ensure that unauthorized parties will not access or obtain collected Personal Data in contravention of this Privacy Policy. However, due to the potential for interception, loss, or alteration of information transmitted over the Internet, we cannot and do not guarantee complete confidentiality and security of your Personal Data. You acknowledge and agree that any information you communicate to us over the Internet is at your own risk.

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The security of your Personal Data is important to us. Please advise our privacy officer via email as described in the Contact Us section below immediately of any incident involving the loss of, unauthorized access to, or disclosure of Personal Data that is in our custody or control.

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Our employees will immediately report any breach of privacy, or suspected breach of privacy, to our privacy officer on discovery of same. A breach of privacy includes: unauthorized external or internal access to our physical records or electronic records; misdirected communications, including mail, fax, and electronic communications; and, the loss or theft of physical records or electronic records stored on data storage devices.

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Our privacy officer will coordinate a review of the matter with our management team and investigate all reported privacy breaches or suspected privacy breaches. If we become aware of a privacy breach concerning your Personal Data, we will notify you in accordance with our obligations under the Personal Information Privacy Act, SBC 2003, c. 63 as amended from time to time, and may report the breach to the Office of the Information and Privacy Commissioner of British Columbia or to the appropriate authorities, including the police, as the case may be.

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11.    Accuracy

Personal Data will be maintained in as accurate, complete and up-to-date form as is necessary to fulfill the purposes for which it is to be used.

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12.    Your Data Protection Rights

You have the right to the following data protection rights:

a)    to request access to your Personal Data;
b)    to request copies of your Personal Data;
c)    to request a correction to your Personal Data if you reasonably believe it is inaccurate;
d)    to request completion of the information you believe is incomplete;
e)    to withdraw your consent to the collection, use, or disclosure of Personal Data at any time, except where that withdrawal would prevent or hinder the performance of a legal obligation by us;
f)    in certain situations, to request that we delete your personal data;
g)    in certain situations, to request that we restrict the processing of your Personal Data;
h)    in certain situations, to object to our processing of your Personal Data; and
i)    in certain situations, to request that we transfer the Personal Data that we have collected directly to you.

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In order to exercise these rights, you may email us as described in the Contact Us section below. We will comply with your request to the extent possible and as required by applicable law.

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13.    Children and Non Canadian Users

Privacy of Children: We do not provide Services to children. The Digital Properties and Services are intended for people who are at least 18 years of age. We will not knowingly collect personal data from any child under the age of 13. We ask that minors (under the age of 18) not use the Digital Properties or Services. If a child under the age of 13 has provided us with personal data, a parent or guardian of that child may contact us and request that such information be deleted from our records and termination of the corresponding account.

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California Privacy Rights: If you are a California resident, then you may request that we not share your Personal Data and Aggregate Information with third parties for direct marketing purposes. We do not sell your personal data. We will not discriminate against any User for exercising their rights under the California Consumer Privacy Act. California residents that wish to opt-out should email us as described in the Contact Us section below and provide us with 30 days to process the request.

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Notice to European Union Users: This Policy and its enumerated policies are intended to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the “General Data Protection Regulation” or “GDPR”) and provide appropriate protection and care with respect to the treatment of your personal data in accordance with the GDPR. We will not process your User information without a lawful basis to do so, as such basis are defined in Article 6 of the GDPR. In general, we will process your information on the legal basis of consent, contract (if you have entered into an agreement with us and such processing is a necessary part thereof), or legal obligation (as noted above). We may also process certain information on the basis of the following legitimate interests, provided that such interests are not overridden by your privacy rights and interests: developing and improving the Digital Properties and/or Services and conducting research from your behaviour on the Digital Properties (e.g., analyzing traffic, and providing a stable, consistent and secure experience in connection with the Digital Properties).

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Notwithstanding the foregoing, and any other provision in this Policy, while we make reasonable efforts to comply with various international regulations and legislation applicable to its Users, you acknowledge and agree that the Digital Properties and Services are provided by a Canadian company, and primarily targeted to a Canadian userbase. If you are not a Canadian resident, while your access and use of the Digital Properties is at your own risk, we will make reasonable efforts to accommodate your privacy concerns and requests. Please contact us with questions or concerns by emailing us as described in the Contact Us section below.

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14.    Email Communication

Transmitting Personal Data via email poses several risks you should be aware of. We use reasonable means to protect the security and confidentiality of email information but cannot guarantee the security and confidentiality of email communications.  You should not communicate with us via email without understanding and accepting these risks.

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If you communicate with us by email, you acknowledge and agree that there are risks with email communication and you accept such risks which may which include, but are not limited to the following:

a)    third party service providers inspecting emails that are transmitted through their system;
b)    the potential falsification of emails;
c)    introduction of viruses into a computer system which could potentially damage or disrupt a computer;
d)    forwarding, interception, circulation, storage or modification of email(s) without your or our knowledge or consent; and
e)    emailing an incorrect email address which results in it being sent to one or more unintended and unknown recipients.

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Email may not be easily or completely erased or shredded (i.e., even when deleted by both sender and recipient, backup copies may exist on a computer or in cyberspace).

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You acknowledge and agree that any emails concerning Services you request or receive will be kept by us as part of your record.

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If an email you send to us requires a response and you have not received a response within a reasonable time frame, it is your responsibility to follow up to determine whether the intended recipient received the email and when you can expect a response.

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We are not responsible for information lost due to technical failures associated with your email provider or the services offered by your internet service provider.

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15.    Marketing and Subscriptions

If you have an account with us or subscribe to our mailing list, we may use your Personal Data to send information to you about our Services that might interest you.
 

You may discontinue receiving any emails or newsletter communications from us by unsubscribing or opting out of any such communication.
 

If you no longer wish to be contacted for marketing purposes, please notify us in writing by emailing as described in the Contact Us section below.
 

16.    Third Party Websites

The Digital Properties may contain links to other third party sites that are not governed by this Policy. Although we endeavour to only link to sites with high privacy standards, our Policy will no longer apply once you leave our Digital Properties. Additionally, we are not responsible for any of the content, user terms, or privacy policies for such applications and/or websites. Therefore, we strongly suggest that you examine the privacy policies and terms of those websites to learn how your information may be collected, used, shared and disclosed.
 

17.    Changes to this Policy

This Policy may be changed, removed, added to or otherwise modified by us from time to time at our sole discretion. Any modifications we may make to our Policy in the future will be posted on the Digital Properties. The collection, use and disclosure of Personal Data by us will be governed by the version of this Policy in effect at that time. All new, amended, or otherwise modified terms take effect immediately. The date this Policy was last revised is identified on the top or bottom of this page. Please bookmark this page and check back frequently to see any updates or changes to our Policy.

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YOUR CONTINUED USE OF THE DIGITAL PROPERTIES OR THE SERVICES, SUBSEQUENT TO ANY MODIFICATIONS TO THIS POLICY, SIGNIFIES THAT YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL DATA IN ACCORDANCE WITH THE MODIFIED POLICY.

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18.    Contact Us

If you have any questions or concerns regarding this Policy or would like to get in touch with our privacy officer, please e-mail us at hello@barktrading.com. 

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Effective as of August 15, 2022