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We are not responsible for the content or the privacy policies of or practices of any of its members, third-party websites, or third-party apps.
Our Terms require all Account Holders to be at least eighteen (18) years of age or older. Minors under eighteen (18) years of age who are at least thirteen (13) years of age are permitted to use the Services only if they have the appropriate permission and direct supervision of the Account Holder. Children under the age of thirteen (13) are not permitted to use the Services. Account Holders are responsible for any and all account activity conducted by a minor on their account.
By using the Services, you acknowledge that Art of the Pet will use your information in the United States, Ireland, and any other country where Art of the Pet operates. The privacy laws and standards of other countries, including the rights of authorities to access UPI, may differ from those that apply in the country in which you reside. We will transfer your UPI only to countries to which it is permitted by law to transfer UPI. We will take steps to ensure that UPI continues to be protected in such instances.
Account Holders – Anyone that has created an account on Art of the Pet.
Buyer – Anyone that has made or is making a purchase on Art of the Pet.
Seller – Anyone that has sold, is selling, or plans to sell items on Art of the Pet.
Services – The Services offered by Art of the Pet consist of a buyer and seller marketplace to facilitate a transaction; and a forum for pet service providers and local artists to advertise their services and products.
Terms – The Terms consist of the following documents:
This “Terms and Conditions” document. This document applies to all users of the Services.
The “Terms for Sellers” document. This document applies to users using the Services to list items for sale.
The “Terms for Buyers” document. This document applies to users using the Services to purchase items.
The “Terms for Third Parties” document. This document applies to third parties such as intellectual property owners, individuals requesting information from Art of the Pet, and affiliates.
The “Policy on Minors.” This document applies to all minors and Account Holders that permit minors to use their account.
Users – Anyone who uses any of the Services offered by Art of the Pet. Users include all Account Holders, Buyers, and Sellers, as well as anyone that uses the Services without creating an account.
User Personal Information (“UPI”) – Information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. Art of the Pet does not consider UPI to include information that has been anonymized or aggregated so that it can no longer be used to identify a specific natural person, whether in combination with other information or otherwise.
3.– Information Collected or Received
In order to provide the Services, we collect or receive UPI in different ways. Often, you choose what information to provide, but some information is required in order to provide the Services.
Registration, Account Setup, Service Usage. In order to use the Services, you must provide a valid email address, and for Services requiring registration, a name associated with the account that will represent you identity on Art of the Pet. This name may be reviewed, changed, or removed in the account settings. This information must be provided to enable us to provide you with the Services.
Depending on which Services are used, additional information such as a shop name, billing and payment information (including billing contact name, address, telephone number, and credit card information), a telephone number, and/or a physical postal address, may be required to provide a particular service. This information is not required to become an Account Holder but will be required to provide certain Services.
As a Seller, if you choose to use our payment service, additional information such as full name, social security number, identification ID or tax ID, date of birth, bank account information, credit card information, and/or other proof of identification may be required in order to verify your identity and provide this service to you as well as to comply with applicable law.
We may need to store credit card information (or arrange for it to be stored) and use it for both billing and payment purposes. Depending on your local jurisdiction, you can also choose to allow us to save credit card information to facilitate future purchases.
We may contact individual shop owners confidentially to request more information about your shop or items listed through the Services, or to ensure compliance with our rules and applicable law.
In order to use certain services, you may be required to complete an application. Information submitted through the application processes will not be displayed publicly and will only be used internally by Art of the Pet unless otherwise specified.
Profile. You may provide your name and other UPI (such as birthday, gender, location, etc.) in connection with their account and activity. This information can be edited or removed through the account settings.
The name associated with the account is publicly displayed and connected to your activity.
Others may see the date you joined Art of the Pet; ratings, reviews, and related photos for items purchased or sold; your user profile information; items you have listed for sale; your shop pages and policies; your favorites, followers, and people you follow; sold item listings and the number of items sold; comments posted; and information you decides to share via social networks.
Automated Information. Art of the Pet automatically receives and records information from your browsers or mobile devices when you visits the Site, use the Apps, or use certain Services. This information includes your IP address or unique device identifier, cookies, and data about which pages were visited. This information allows us to operate and provide the Services. It is stored in log files and collected automatically.
This information may be combined with other information that we or our partners collect about Users, including across devices. This information is used to prevent fraud and keep the Services secure, to analyze and understand how the Services work for members and visitors, and to provide advertising, including across a User’s devices, and a personalized experience for Users.
We may also automatically collect device-specific information you install, access, or use the Services. This information may include information such as the hardware model, operating system information, app version, app usage and debugging information, browser information, IP address, and device identifiers.
Location Information. We may collect information about your use of the Services for advertising, analytics, to serve content and to protect the Services, including IP address, browser information (including referrers), device information (such as iOS IDFA, IDFV for limited non-advertising purposes, Android AAID, and, when enabled by the User, location information provided by the device). When using the Apps, you may choose to share your geo-location details with us in order to use certain functions such as local marketplaces or in-person sales. Such sharing is not required to use these functions, however. You may also choose to publish your location when selling on Art of the Pet.
Location information about you may be obtained through your profile or IP address. With your consent, your location may also be determined by using other information from the device being used, such as GPS or wireless networks or cell towers. This information may be used and stored to provide features and to improve and customize the Services such as, but not limited to, localization, regional requirements, and policies for the Services; marketing; or local content, search results, and recommendations.
If you have consented to share your precise device location details in the past, this consent may be revoked through the settings on the Apps or mobile device. Certain non-precise location services, such as for security and localized policies based on your IP address or submitted address, are critical for the Services to function.
We will only share your geo-location details with third-parties (such a payments or advertising providers) in order to provide you with the Services.
You may also choose to enable the Apps to access your mobile device’s camera to upload photographs to Art of the Pet.
Analytics Information. We use data analytics to ensure site functionality and improve the Services. Mobile analytics software is used to allow us to understand the functionality of the Apps on your phone. This software may record information such as how often the Apps are used, what happens within the Apps, aggregated usage, performance data, app errors and debugging information, and where the Apps were downloaded from. This information is stored within the analytics software and is not linked to any personally identifiable information that is submitted within the mobile application.
Information from Third Parties. You may choose to connect to Art of the Pet or register an Art of the Pet account using an external third-party application, such as Facebook, or an app developed with the Art of the Pet API. We may receive information from those connected third-party applications. Connecting an Art of the Pet account to a third-party application or service is optional.
If you chooses to connect their account to a third-party application, we may receive information from that application. We may also collect public information in order to connect with you. This information may be used as part of providing the Services to you.
You can also choose to share some activity from Art of the Pet on certain social media networks that are connect to your Art of the Pet account. Permission to share this activity can be revoked at any time in the account settings. Art of the Pet will never post to your social media account without your permission.
Non-Account Holder Information. We may receive or obtain information, such as an email or IP address, about a person that is not an Account Holder in connection with certain features and Services. Non-Account Holder Information is used only for the purposes disclosed when it was submitted to Art of the Pet or to facilitate action authorized by the Non-Account Holder.
4.– Choice & Control
We offer you the choice of providing, editing, and removing certain information. You are also given the ability to choose how to be contacted by us. You may correct or change account information through the account settings. Optional information that you no longer wish to be publicly displayed through the Services may be removed. Additionally, you can request that UPI in the account be deleted. If you would like to request account deletion, contact [email protected]
Depending on location, you may have certain additional rights regarding UPI such as:
Data access and portability (including the right to obtain a copy of the personal data provided to Art of the Pet, via the account settings);
Data correction (including the ability to update personal data, which in many cases can be done through the account settings);
Data deletion (including the right to have UPI deleted, except for information we are required to retain, by contacting Art of the Pet); and
Withdrawal of consent or objection to processing (including, in limited circumstances, the right to ask us to cease processing your UPI, with some exceptions, by contacting Art of the Pet).
We use non-technically necessary cookies and similar technologies. Further information about how these are used can be found in the Technology Policy.
You may also control the receipt of certain types of communications from us via the account settings. We may send messages about the Services or account activity. Some of these messages are required, service-related messages such as those regarding transactions or legal notices. Others are optional and may be opted into via the account settings.
If you no longer wish to use the Services or receive service-related messages (except for legally required notifications), then your account may be closed.
You may choose to connect directly with your email provider, your mobile device’s address book, or a social network account to import your contacts to Art of the Pet. Authorizing this service permits us to interact with the email service provider on your behalf even if you are not actively using the email service. We generate a separate token to perform this service and do not retain a record of the login information for your email service, mobile device, or social network site. You may be able to search for people you know by email address or phone number on the Art of the Pet site or by connecting their mobile device’s contact list through the Apps.
Finding friends on Art of the Pet allows you to connect with them on the Art of the Pet platform and perform such functions as following their activity. When you begin following another User’s activity, the User being followed will receive an email notification if this setting is enabled.
If you do not want your contacts to be able to find you on Art of the Pet through email address, phone number, or social networking connections, then you may change the findability options in the account settings. If you do not wish to be located on Art of the Pet via your name, the name can be removed and a nickname or alias used instead in the public account profile.
6.– Messages from Art of the Pet
We may need to contact you on some occasions. These messages are generally delivered via email or push notifications, and all accounts are required to keep a valid email address on file to receive messages. We may also contact you by telephone to provide support or for transaction-related purposes if a phone call is requested. Further, with your consent, we may send an SMS (or similar) message or physical mail in order to provide you with customer support or to provide information about products and features that you may find of interest. Contact preferences can be updated in the account settings.
Some messages are service-related and required for Account Holders and Users using Guest Checkout. You agree that Art of the Pet can send non-marketing emails or messages, such as those related to transactions, accounts, security, or product changes. Other examples include email address confirmation, notification of order, service availability, modification of key features or functions, conversations with buys, and correspondence with the Art of the Pet support team.
When you register for an account, subscribe to a newsletter, or provide Art of the Pet with your email address or phone number such as for Guest Checkout, you receive notice of and agree to (in some jurisdictions and situations via an additional unambiguous consent) to receive marketing emails and messages from Art of the Pet. You can unsubscribe from these marketing emails at any time via an opt-out link provided in the marketing emails or messages. You may also control some marketing emails or messages through your account settings as well as through the opt-out link in the message or email.
A feature to import contacts is provided to Account Holders to locate and connect with friends and contacts that may also be Account Holders on Art of the Pet. If someone in your contact list is not a member of Art of the Pet, you can invite them to join and an email will be sent to them on your behalf. Recipients of email invitations may opt out of receiving future invitations by following instructions in the email invitation. Invitations may only be sent to someone who has given consent to receive one.
We offer features to allow our Users to connect and communicate in public or semi-public spaces such as Forums. These features are not required but, if used, we recommend you use good judgment and common sense particularly if posting any UPI.
We may engage certain third parties to assist in providing community services to you and, in the context of that relationship, may need to share some of your information with those third parties in order to provide the service.
We do not generally remove content from community spaces, and your posts may remain public even after your account is closed, although your name will no longer be displayed with the post. You are responsible for any UPI you choose to post in community spaces through the Services.
Another Account Holder may choose to follow your public activity through the Services and receive updates such as when items are added to public Favorites. You may make certain activities private through the account settings. After another User has begun following your activity, you may block that person if you do not wish to share updates with that person.
8.– Information Uses, Sharing, & Disclosure
When you access or use the Services, we collect, use, share, and otherwise process UPI as described in this policy. We relies on a number of legal bases to use the information in this way. These legal bases include:
You have consented to the processing, which can be revoked at any time;
Necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims;
Necessary for purposes of Art of the Pet or a third party’s legitimate interests, such as those of visitors, members, or partners;
You have expressly made the information public;
Necessary in the public interest; and
Occasionally necessary to protect your vital interests, or those of others.
Art of the Pet principally relies on consent
To send marketing messages;
For third-party data sharing related to advertising; and
To the extent applicable, for the use of location data for advertising purposes.
Where we process your information on the basis of legitimate interests, we do so as follows:
Providing and Improving the Services. We may use your information to improve and customize the Services, including sharing of your information for such purposes, and we do so as it is necessary to pursue our legitimate interests of improving the Services for Users. This is also necessary to enable us to pursue our legitimate interests in understanding how the Services are being used, and to explore and unlock ways to develop and grow our business. It is also necessary to allow us to pursue our legitimate interests in improving the Services, efficiency, interest in Services for Users, and obtaining insights into usage patterns of the Services.
Keeping the Services Safe and Secure. We may use your information for safety and security purposes, including sharing your information for such purposes. This is necessary to pursue our legitimate interests in ensuring the security of the Services, including enhancing protecting of the community against spam, harassment, intellectual property infringement, crime, and security risks of all kind. We respects our Users’ privacy. We will not disclose your name, email address, or other UPI to third parties without consent, except as specified in this policy. We use your information to provide and improve the Services and its products, for billing and payments, for identification and authentication, for targeted online and offline marketing including through tools like Facebook Ads and Google Advertising, to contact members or interested parties, and for general research and aggregate reporting. Your information may also be used to resolve disputes with Art of the Pet or other members. We may learn the sorts of products that you are interested in from your browsing and purchasing behavior on and off the Site or Apps and suggest potential purchases as a result. As a core part of the Services, we have a legitimate interest in customizing your on-site experience to help you discover relevant items and recommended purchases. Similarly, we or our Sellers may advertise Art of the Pet’s Services or our Sellers’ products through a variety of different mediums and rely on your consent to do so off-site. As part of this, we may work with advertising partners such as Facebook, Google, or others.
Buying and Selling. As part of the buying and selling process, we will facilitate the sharing of information between the two members involved in the transaction, such as the other User’s shipping address and payment information. By making a sale or purchase on Art of the Pet, you are directing us to share your information in this way. Since this is an important part of the Services provided by Art of the Pet, we need to do this in order to perform our obligations under the Terms. We expect you to respect the privacy of other Users whose information you have received. As described in the Terms, you have a limited license to use that information only for Art of the Pet-related communications or for Art of the Pet-facilitated transactions. We have not granted a license to you to use the information for unsolicited commercial messages or unauthorized transactions. Without express consent from that person, you must not add any member to your email or physical mailing list or otherwise use or store any User’s UPI.
Legal and Safety. Art of the Pet may also retain, preserve, or release UPI to a third party in the following limited circumstances: in response to lawful requests by public authorities, including to meet legitimate national security or law enforcement requirements; to protect, establish, or exercise Art of the Pet’s legal rights or defend against legal claims, including to collect a debt; to comply with a subpoena, court order, legal process, or other legal requirement; or when Art of the Pet believes in good faith that such disclosure is reasonably necessary to comply with the law, prevent imminent physical harm or financial loss, or investigate, prevent, or take action regarding illegal activities, suspected fraud, threats to Art of the Pet property, or violations of the Terms. In these cases, our use of your information may be necessary for the purposes of our or a third party’s legitimate interest in keeping the Services secure, preventing harm or crime, enforcing or defending legal rights, or preventing damage. Such use may also be necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims. It may also be necessary in the public interest (such as to prevent crime) or to protect vital interests (in rare cases where we may need to share information to prevent loss of life or personal injury). If we receive a lawful, verified request for your records or information in one of the limited circumstances described in the previous paragraphs, we may disclose UPI, which may include, but may not be limited to, your name, address, phone number, email address, and company name. More information can be found in the Requests for Information Policy.
Affiliated Businesses. We are affiliated with a variety of businesses and works closely with them for a variety of purposes, including assisting with performing and improving the Services. These businesses may sell items or services to you through the Services or, with your consent, offer promotions (including email promotions) to you. Art of the Pet may also provide services or sell products jointly with affiliated businesses, including providing information to such partners to allow them to more effectively market to you. When an affiliated business assists in facilitating a User transaction, we may need to share information related to the transaction with that affiliated business in order to facilitate the transaction, and this forms part of the Services provided in accordance with the Terms. We rely on consent (which can be withdrawn at any time) to send marketing messages and for third-party sharing relating to advertising.
Aggregated Information. We may share demographic information with business partners, but it will be aggregated and depersonalized, so that UPI is not revealed.
Service Providers. We also needs to engage third-party companies and individuals (such as payment processors, research companies, and analytics and security providers) to help operate, provide, and market the Services. These third parties have only limited access to your information, may use your information only to perform these tasks on behalf of Art of the Pet, and are obligated to Art of the Pet not to disclose or use your information for other purposes. Engagement of service providers is often necessary in order to provide the Services to you, particularly where such companies play important roles like processing payments and shipments and helping keep the Services operational and secure. In some other cases, these service providers aren’t strictly necessary for us to provide the Services, but help make the Services better, such as by helping conduct research into how better to serve our Users. In these latter cases, Art of the Pet has a legitimate interest in working with service providers to make the Services better.
The United States, European Economic Area (“EEA”) Member States, and other countries all have different laws. When User information is moved from their home country to another country, the laws and rules that protect their UPI in the country to which the information is transferred may be different from those in the country in which you live. One notable difference is the circumstances in which law enforcement can access UPI. In particular, if the information is in the United States, it may be access by government authorities in accordance with U.S. law.
To the extent that Art of the Pet is deemed to transfer UPI outside of the EEA, it relies separately, alternatively, and independently on the following legal bases to transfer User information:
Model Clauses. The European Commission has adopted standard contractual clauses (Model Clauses), which provide safeguards for UPI that is transferred outside of Europe. Art of the Pet often uses these Model Clauses when transferring UPI outside of Europe. A copy of the Model Clauses can be obtained by emailing [email protected]
Privacy Shield. Art of the Pet, LLC, does not participate in Privacy Shield at this time. However, it may rely on the EU-U.S. Privacy Shield to transfer UPI to some third party service providers in the United States, where they are certified to receive such information under the Privacy Shield Program.
The security of UPI is important to us. We follow generally accepted standards to protect the UPI submitted to us, both during transmission and after it is received. User account information is protected by a password. It is important that you choose the password carefully and keep both password and computer secure, such as by signing out after using the Services. If you have questions about the security of your UPI, you can contact [email].
We encrypt certain information (such as credit card numbers) using secure socket layer technology (“SSL”). We also employ firewalls, other methods of data encryption, physical restrictions on access to the data storage, and information access authorization controls.
We follow generally accepted industry standards to protect the UPI submitted to us, both during transmission and after it is received. No method of transmission over the internet or method of electronic storage is 100% secure, however. While we strive to protect UPI as best as possible, the absolute security cannot be guaranteed. We may offer optional advanced security settings for members, such as two-factor authentication for signing in, full-site SSL, and login history. When available, these options will be able to be enabled in the account settings.
We will retain User information only for as long as is necessary for the purposes set out in this policy, for as long as your account is active (i.e., for the lifetime of your Art of the Pet account), as described in this policy, or as needed to provide the Services to Users. If you no longer want us to use your information to provide the Services to you, you may close your account.
We will retain and use User information to the extent necessary to comply with our legal obligations (such as if required to retain information to comply with applicable tax/revenue laws), resolve disputes, enforce its agreements, and as otherwise described in this policy.
Additionally, Art of the Pet Sellers may also be required to retain and use User information in order to comply with their legal obligations.
Please note that closing an Art of the Pet account may not free up the email address, username, or shop name (if any) for reuse on a new account.
We also retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for site safety and security, to improve site functionality, or where we are legally obligated to retain them for longer periods.
12.– User Rights
You may benefit from several rights in relation to your information that we process. Some rights apply only in certain limited cases, depending on your location. If you would like to manage, change, limit, or delete your UPI, you can do so via your Art of the Pet account settings or by contacting us directly. Upon request, we will provide you with information about whether we holds any of your UPI.
By visiting account settings, an Account Holder can access, correct, change, and delete certain UPI associated with your account. In certain cases where we process User information, you may also have a right to restrict or limit the ways in which your UPI is used. In certain circumstances, you also have the right to request the deletion of your UPI, and to obtain a copy of your UPI in an easily accessible format. The options are detailed above in the “Choice & Control” section. If further assistance is required, please contact us directly and a response will be sent within a reasonable timeframe.
If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your data for direct marketing purposes, you can always object by using the unsubscribe link in such communications or changing their account settings.
13.– User Responsibilities
If you sell items using the Art of the Pet Services or API, you may receive and determine what to do with certain UPI, such as when communicating with other Users and entering into transactions with Buyers. This means you processes UPI (such as Buyer’s name, email address, and shipping address) and, to the extent you do so, under EU law, you are an independent controller of data relating to other users that you may have obtained through the Services.
As a data controller, to the extent you process UPI outside of the Services, you may be required under applicable data protection and privacy laws to honor requests for data access, portability, correction, deletion, and objections to processing. Also, if you disclose UPI without the Buyer’s proper consent, you are responsible for that unauthorized disclosure. This includes, for example, disclosures you make or unintentional data breaches. Information obtained may only be used for Art of the Pet-related communications or for Art of the Pet-facilitated transactions. You may not use obtained UPI for unsolicited commercial messages or unauthorized transactions. Without the Buyer’s consent, and subject to other applicable laws and Art of the Pet policies, you may not add any Art of the Pet member to your email or physical mailing list, use that Buyer’s identity for marketing, or obtain or retain any payment information. You are responsible for knowing the standard of consent required in any given instance.
If you and Art of the Pet are found to be joint data controllers of UPI, and if we are sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of Buyer UPI, you agree to indemnify us for the expenses we incur in connection with your processing of Buyer UPI.
14.– Withdrawing Consent
Where you have provided your consent, you have the right to withdraw your consent to our processing of your information and your use of the Services. You can choose to withdraw your consent to our processing of your information and your use of the Services at any time by closing your account through the account settings and then emailing [email] to request that your UPI be deleted, except for information we are required to retain. This deletion is permanent and the account cannot be reinstated.
We may amend or update this policy from time to time. If we believe the changes are material, we will let you know by doing one (or more) of the following:
Posting the changes on or through the Services;
Sending you an email or message about the changes; or
Posting an update in the version notes on the Apps’ platform.
You are encouraged to check for and review updates regularly.
If you have any questions, contact Art of the Pet at: