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Legal
Review Whisker’s privacy policy, terms & conditions, and more.
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Privacy Policy
Automated Pet Care Products, LLC. ("Whisker") respects your privacy needs and concerns. Whisker does not sell any personal information of consumers and does not knowingly collect data from or market to children under 18 years of age. If you would like to make a privacy request to opt out of sharing personal information with third parties, make a request to delete your data, or would like further information on how your data is being shared, please submit this form.
Litter-Robot.com:
Privacy Policy of Whisker
This Application collects some Personal Data from its Users.
Users may be subject to different protection standards and broader standards may therefore apply to some. Users can contact the Owner, to learn more about such standards.
This document contains a section dedicated to Users in the European Union and their privacy rights.
This document contains a section dedicated to Users in the United States and their privacy rights.
This document contains a section dedicated to Users in Switzerland and their privacy rights.
This document contains a section dedicated to Brazilian Users and their privacy rights.
This document can be printed for reference by using the print command in the settings of any browser.
Owner and Data Controller
Whisker,1080 West Entrance Drive, Auburn Hills, MI 48326
Owner contact email: support@whisker.com
Types of Data collected
Among the types of Personal Data that this Application collects, by itself or through third parties, there are: Cookies; Usage Data; device information; shopping history; unique device identifiers for advertising (Google Advertiser ID or IDFA, for example); various types of Data; email address; Data communicated while using the service; first name; last name; gender; phone number; address; country; state; ZIP/Postal code; city; date of birth; device logs; Universally unique identifier (UUID); payment info; billing address; shipping address.
Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection.
Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Application.
Unless specified otherwise, all Data requested by this Application is mandatory and failure to provide this Data may make it impossible for this Application to provide its services. In cases where this Application specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.
Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.
Any use of Cookies – or of other tracking tools — by this Application or by the owners of third-party services used by this Application serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy.
Users are responsible for any third-party Personal Data obtained, published or shared through this Application.
Mode and place of processing the Data
Methods of processing
The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Application (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.
Place
The Data is processed at the Owner's operating offices and in any other places where the parties involved in the processing are located.
Depending on the User's location, data transfers may involve transferring the User's Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.
Retention time
Unless specified otherwise in this document, Personal Data shall be processed and stored for as long as required by the purpose they have been collected for and may be retained for longer due to applicable legal obligation or based on the Users’ consent.
The purposes of processing
The Data concerning the User is collected to allow the Owner to provide its Service, comply with its legal obligations, respond to enforcement requests, protect its rights and interests (or those of its Users or third parties), detect any malicious or fraudulent activity, as well as the following: Analytics, Interaction with external social networks and platforms, Remarketing and behavioral targeting, Advertising, Managing contacts and sending messages, Content commenting, Tag Management, Handling payments, Contacting the User, Content performance and features testing (A/B testing), Interaction with online survey platforms, Managing landing and invitation pages, Platform services and hosting, Social features, Heat mapping and session recording, RSS feed management, Registration and authentication, Hosting and backend infrastructure, Displaying content from external platforms, User database management, Managing support and contact requests, Commercial affiliation, Marketing, Infrastructure monitoring, Information collection, Managing data collection and online surveys, Traffic optimization and distribution, Beta Testing, Interaction with live chat platforms, Interaction with data collection platforms and other third parties, Communication and Selling goods and services online.
For specific information about the Personal Data used for each purpose, the User may refer to the section “Detailed information on the processing of Personal Data”.
Detailed information on the processing of Personal Data
Personal Data is collected for the following purposes and using the following services:
Advertising
This type of service allows User Data to be utilized for advertising communication purposes. These communications are displayed in the form of banners and other advertisements on this Application, possibly based on User interests.
This does not mean that all Personal Data are used for this purpose. Information and conditions of use are shown below.
Some of the services listed below may use Trackers for identifying Users, behavioral retargeting i.e. displaying ads tailored to the User’s interests and behavior, or to measure ads performance. For more information, please check the privacy policies of the relevant services.
Services of this kind usually offer the possibility to opt out of such tracking. In addition to any opt-out feature offered by any of the services below, Users may learn more on how to generally opt out of interest-based advertising within the dedicated section "How to opt-out of interest-based advertising" in this document.
Google Ads conversion tracking (Google Inc.)
Google Ads conversion tracking is an analytics service provided by Google LLC or by Google Ireland Limited, depending on how the Owner manages the Data processing, that connects data from the Google Ads advertising network with actions performed on this Application.
Personal Data processed: Trackers; Usage Data.
Place of processing: US – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
X Ads conversion tracking (X Corp.)
X Ads conversion tracking is an analytics service provided by X Corp. that connects data from the X advertising network with actions performed on this Application.
Personal Data processed: Trackers; Usage Data.
Place of processing: United States – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
Meta ads conversion tracking (Meta pixel) (Facebook, Inc.)
Meta ads conversion tracking (Meta pixel) is an analytics service provided by Meta Platforms, Inc. or by Meta Platforms Ireland Limited, depending on how the Owner manages the Data processing, that connects data from the Meta Audience Network with actions performed on this Application. The Meta pixel tracks conversions that can be attributed to ads on Facebook, Instagram and Meta Audience Network.
Personal Data processed: Trackers; Usage Data.
Place of processing: US – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
Microsoft Advertising (Microsoft Corporation)
Microsoft Advertising is an advertising service provided by Microsoft Corporation.
Personal Data processed: Cookies; Usage Data.
Place of processing: US – Privacy Policy – Opt Out.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
- a Sharing in California
Yahoo Advertising conversion tracking (Yahoo! Inc.)
Yahoo Advertising conversion tracking is an analytics service provided by Yahoo! Inc. that connects data from the Yahoo advertising network with actions performed on this Application.
Personal Data processed: Trackers; Usage Data.
Place of processing: US – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
Criteo (Criteo SA)
Criteo is an advertising service provided by Criteo SA.
Personal Data processed: Cookies; Usage Data.
Place of processing: France – Privacy Policy – Opt Out.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
- a Sharing in California
Google Ad Manager (Google LLC)
Google Ad Manager is an advertising service provided by Google LLC that allows the Owner to run advertising campaigns in conjunction with external advertising networks that the Owner, unless otherwise specified in this document, has no direct relationship with.
In order to opt out from being tracked by various advertising networks, Users may make use of Youronlinechoices. In order to understand Google's use of data, consult Google's partner policy.
This service uses the “DoubleClick” Cookie, which tracks use of this Application and User behavior concerning ads, products and services offered.
Users may decide to disable all the DoubleClick Cookies by going to: Google Ad Settings.
Personal Data processed: Cookies; Usage Data.
Place of processing: United States – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
- a Sharing in California
Facebook Audience Network (Facebook, Inc.)
Facebook Audience Network is an advertising service provided by Facebook, Inc. In order to understand Facebook's use of Data, consult Facebook's data policy.
This Application may use identifiers for mobile devices (including Android Advertising ID or Advertising Identifier for iOS, respectively) and technologies similar to cookies to run the Facebook Audience Network service. One of the ways Audience Network shows ads is by using the User's ad preferences. The User can control this in the Facebook ad settings.
Users may opt-out of certain Audience Network targeting through applicable device settings, such as the device advertising settings for mobile phones or by following the instructions in other Audience Network related sections of this privacy policy, if available.
Personal Data processed: Cookies; unique device identifiers for advertising (Google Advertiser ID or IDFA, for example); Usage Data.
Place of processing: United States – Privacy Policy – Opt Out.
Category of Personal Information collected according to the CCPA: identifiers; internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
- a Sharing in California
Outbrain (Outbrain Inc.)
Outbrain is an advertising service provided by Outbrain Inc.
Personal Data processed: Cookies; various types of Data as specified in the privacy policy of the service.
Place of processing: United States – Privacy Policy – Opt Out.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
- a Sharing in California
Taboola Monetize Content (Taboola Inc.)
Taboola is an advertising service provided by Taboola Inc.
Personal Data processed: Cookies; Usage Data.
Place of processing: United States – Privacy Policy – Opt Out.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
- a Sharing in California
Yahoo App Publishing Advertising ( Oath Inc.)
Yahoo App Publishing is an advertising service provided by Yahoo! Inc.
If the User chooses to opt-out, Yahoo App Publishing will stop tracking data for the device identified by the provided MAC address and/or device identifier going forward.
Yahoo App Publishing will stop providing ads and/or recommendations to that MAC address and/or device identifier across all publishers.
Personal Data processed: Cookies; Usage Data.
Place of processing: United States – Privacy Policy – Opt Out.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
- a Sharing in California
Amazon Mobile Ads (Amazon)
Amazon Mobile Ads is an advertising service provided by Amazon.
Personal Data processed: Cookies; Usage Data.
Place of processing: United States – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
- a Sharing in California
Facebook Lookalike Audience (Facebook, Inc.)
Facebook Lookalike Audience is an advertising and behavioral targeting service provided by Facebook, Inc. that uses Data collected through Facebook Custom Audience in order to display ads to Users with similar behavior to Users who are already in a Custom Audience list on the base of their past use of this Application or engagement with relevant content across the Facebook apps and services.
On the base of these Data, personalized ads will be shown to Users suggested by Facebook Lookalike Audience.
Users can opt out of Facebook's use of cookies for ads personalization by visiting this opt-out page.
Personal Data processed: Cookies; Usage Data.
Place of processing: United States – Privacy Policy – Opt Out.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
- a Sharing in California
Amazon Advertising (Amazon)
Amazon Advertising is an advertising service provided by Amazon.
Personal Data processed: Cookies; Usage Data.
Place of processing: United States – Privacy Policy – Opt out.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
- a Sharing in California
Pinterest Ads (Pinterest, Inc.)
Pinterest Ads is an advertising service provided by Pinterest, Inc. that allows the Owner to run advertising campaigns on the Pinterest advertising network.
Users may opt out of behavioral advertising features through their device settings, their Pinterest personalization settings or by visiting the AdChoices opt-out page.
Personal Data processed: Cookies; device information; email address; unique device identifiers for advertising (Google Advertiser ID or IDFA, for example).
Place of processing: United States – Privacy Policy – Opt out.
Category of Personal Information collected according to the CCPA: identifiers; internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
- a Sharing in California
Pinterest Conversion Tag (Pinterest, Inc.)
Pinterest Conversion Tag is an analytics service provided by Pinterest, Inc. that connects data from the Pinterest advertising network with actions performed on this Application.
Users may opt out of behavioral advertising features through their device settings, their Pinterest personalization settings or by visiting the AdChoices opt-out page.
Personal Data processed: device information; Trackers; Usage Data.
Place of processing: United States – Privacy Policy – Opt out.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
Sizmek (Sizmek Inc.)
Sizmek is an advertising service provided by Sizmek Inc.
Personal Data processed: Tracker; Usage Data.
Place of processing: United States – Privacy Policy – Opt out.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
- a Sharing in California
Hotjar Form Analysis & Conversion Funnels (Hotjar Ltd.)
Hotjar is an analytics service provided by Hotjar Ltd.
Hotjar honors generic Do Not Track headers. This means your browser can tell its script not to collect any of your data. This is a setting that is available in all major browsers. Find Hotjar’s opt-out information here.
Personal Data processed: Trackers; Usage Data.
Place of processing: Malta – Privacy Policy – Opt Out.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
BounceX (Bounce Exchange, Inc)
BounceX is an advertising service provided by Bounce Exchange, Inc.
Personal Data processed: Tracker; Usage Data.
Place of processing: United States – Privacy Policy – Opt out.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
- a Sharing in California
Outbrain Lookalike Audience (Outbrain Inc.)
Outbrain Lookalike Audience is an advertising and behavioral targeting service provided by Outbrain Inc. that uses Data collected through the Outbrain pixel in order to display ads to Users with similar behavior to Users who are already in an Audience list on the base of their past use of this Application.
On the base of these Data, personalized ads will be shown to Users suggested by Outbrain Lookalike Audience.
Users can opt out of Outbrain's use of cookies for ads personalization by visiting this page.
Personal Data processed: device information; Tracker; Universally unique identifier (UUID); Usage Data.
Place of processing: United States – Privacy Policy – Opt out.
Category of Personal Information collected according to the CCPA: identifiers; internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
- a Sharing in California
Outbrain conversion tracking (Outbrain pixel) (Outbrain Inc.)
Outbrain conversion tracking (Outbrain pixel) is an analytics service provided by Outbrain Inc. that connects data from the Outbrain advertising network with actions performed on this Application.
Personal Data processed: device information; Trackers; Universally unique identifier (UUID); Usage Data.
Place of processing: United States – Privacy Policy.
Category of Personal Information collected according to the CCPA: identifiers; internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
Google Ads Similar audiences (Google LLC)
Similar audiences is an advertising and behavioral targeting service provided by Google LLC that uses Data from Google Ads Remarketing in order to display ads to Users with similar behavior to Users who are already on the remarketing list due to their past use of this Application.
On the basis of this Data, personalized ads will be shown to Users suggested by Google Ads Similar audiences.
Users who don't want to be included in Similar audiences can opt out and disable the use of advertising Trackers by going to: Google Ad Settings.
In order to understand Google's use of Data, consult Google's partner policy.
Personal Data processed: Tracker; Usage Data.
Place of processing: United States – Privacy Policy – Opt Out.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
- a Sharing in California
TikTok conversion tracking (TikTok Inc.)
TikTok conversion tracking is an analytics and behavioral targeting service provided by TikTok Inc. that connects data from the TikTok advertising network with actions performed on this Application. The TikTok pixel tracks conversions that can be attributed to TikTok ads and enables to target groups of Users on the base of their past use of this Application.
Personal Data processed: unique device identifiers for advertising (Google Advertiser ID or IDFA, for example).
Place of processing: United States – Privacy Policy.
Category of Personal Information collected according to the CCPA: identifiers.
This processing constitutes:
- a Sale in California
Mountain.com (MNTN)
MNTN (“we,” “us,” or “our” “MNTN”) provides advertising and marketing services for its customers (the “Services”). This privacy policy (“Privacy Policy”) describes how we collect, use, and share information (i) on our corporate website at https://www.mountain.com or any MNTN-owned website (collectively the “Site”); and (ii) through our Services, and applies to all individuals who use the Site or whose information is otherwise provided to, or collected by us, in connection with our Site and the Services.
For the purposes of users of the Site located in the EU, we are the controller of any information we may collect when you visit our Site. Lee Stevens, with the contact email address privacyrights@mountain.com, is our representative in the EU for the purposes of the General Data Protection Regulation (“GDPR”). Our Data Protection Officer can be contacted at privacyrights@mountain.com. Please read this policy carefully so that you understand your rights in relation to, and how we will collect, use and process, your information.
Privacy Policy: https://mountain.com/privacy-policy/
Opt-out: https://mountain.com/opt-out/
This processing constitutes:
- a Sale in the United States
- a Sharing in California
- Targeted Advertising in Virginia, Colorado, Connecticut, Utah, Texas, Oregon, Nevada, Delaware, Iowa, New Hampshire, New Jersey, Nebraska and Montana
Analytics
The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.
Google Analytics (Universal Analytics) (Google Inc.)
Google Analytics (Universal Analytics) is a web analysis service provided by Google LLC or by Google Ireland Limited, depending on how the Owner manages the Data processing, (“Google”). Google utilizes the Data collected to track and examine the use of this Application, to prepare reports on its activities and share them with other Google services.
Google may use the Data collected to contextualize and personalize the ads of its own advertising network.
In order to understand Google's use of Data, consult Google's partner policy.
Personal Data processed: Cookies; Usage Data.
Place of processing: US – Privacy Policy – Opt Out.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in the United States
Facebook Analytics for Apps (Facebook, Inc.)
Facebook Analytics for Apps is an analytics service provided by Meta Platforms, Inc. or by Meta Platforms Ireland Limited, depending on how the Owner manages the Data processing,
Personal Data processed: Usage Data; various types of Data as specified in the privacy policy of the service.
Place of processing: US – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
Google Analytics Advertising Reporting Features (Google Inc.)
Google Analytics on this Application has Advertising Reporting Features activated, which collects additional information from the DoubleClick cookie (web activity) and from device advertising IDs (app activity). It allows the Owner to analyze specific behavior and interests Data (traffic Data and Users' ads interaction Data) and, if enabled, demographic Data (information about the age and gender).
Users can opt out of Google's use of cookies by visiting Google's Ads Settings.
Personal Data processed: Cookies; unique device identifiers for advertising (Google Advertiser ID or IDFA, for example); various types of Data as specified in the privacy policy of the service.
Place of processing: US – Privacy Policy – Opt Out.
Category of Personal Information collected according to the CCPA: identifiers; internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
Quantcast Measure (Quantcast Corporation)
Quantcast Measure is an analytics service provided by Quantcast Corporation.
Personal Data processed: Cookies; Usage Data.
Place of processing: United States – Privacy Policy – Opt Out.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
Salesforce Analytics Cloud (Salesforce.com, inc.)
Salesforce Analytics Cloud is an analytics service provided by salesforce.com, inc.
Personal Data processed: Cookies; Usage Data.
Place of processing: United States – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
Mix Panel
https://mixpanel.com/legal/privacy-policy/
This processing constitutes:
- a Sale in California
- a Sharing in California
User ID extension for Google Analytics (Google LLC)
Google Analytics on this Application makes use of a feature called User ID. This setup allows for a more accurate tracking of Users by associating that User with the same ID over various sessions and devices. It is set up in a way that doesn’t allow Google to personally identify an individual or permanently identify a particular device.
The User ID extension might make it possible to connect Data from Google Analytics with other Data about the User collected by this Application.
The opt-out link below will only opt you out for the device you are on, but not from tracking performed independently by the Owner. Contact the Owner via the email address provided in this privacy policy to object to the aforementioned tracking as well.
Personal Data processed: Cookies.
Place of processing: United States – Privacy Policy – Opt Out.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
Noibu Analytics
Noibu is a website monitoring service that allows for website activity errors to be documented in real time. Personal Data processed: Tracker; Usage Data. Place of processing: Canada – https://noibu.com/privacy-policy/ Category of personal information collected according to the CCPA: internet information.
This processing constitutes:
- a Sale in California
Dixa Analytics
Dixa is a support and contact request management service. Personal Data communicated while using the service; various types of Data as specified in the privacy policy of the service. Personal Data processed: Cookies; Usage Data. Place of processing: United States – https://www.dixa.com/legal/privacy/ Category of personal information collected according to the CCPA: internet information.
This processing constitutes:
- a Sale in California
Beta Testing
This type of service makes it possible to manage User access to this Application, or parts of it, for the purpose of testing a certain feature or the entire Application.
The service provider may automatically collect data related to crashes and statistics related to the User's use of this Application in a personally identifiable form.
Google Play Beta Testing (Google LLC)
Google Play Beta Testing is a beta testing service provided by Google LLC.
Personal Data processed: Cookies; country; Data communicated while using the service; date of birth; device information; device logs; email address; first name; gender; last name; phone number; Usage Data; various types of Data as specified in the privacy policy of the service.
Place of processing: United States – Privacy Policy.
Category of Personal Information collected according to the CCPA: identifiers; biometric information; internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
Commercial affiliation
This type of service allows this Application to display advertisements for third-party products or services. Ads can be displayed either as advertising links or as banners using various kinds of graphics.
Clicks on the icon or banner posted on the Application are tracked by the third-party services listed below, and are shared with this Application.
For details of which data are collected, please refer to the privacy policy of each service.
ShareAsale (ShareAsale.com Inc.)
ShareAsale is a banner commercial affiliation service provided by ShareAsale.com Inc.
Personal Data processed: Cookies; Usage Data.
Place of processing: United States – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
- a Sharing in California
Communication
Localize Corporation
Localize is a no-code translation solution for SaaS companies, allowing you to easily translate your web app, UI, website, docs, and more.
https://localizejs.com/legal/terms
https://localizejs.com/legal/privacy-notice
This processing constitutes:
Contacting the User
Contact form (This Application)
By filling in the contact form with their Data, the User authorizes this Application to use these details to reply to requests for information, quotes or any other kind of request as indicated by the form’s header.
Personal Data processed: address; city; country; email address; first name; gender; last name; phone number; state; ZIP/Postal code.
Category of Personal Information collected according to the CCPA: identifiers; biometric information.
This processing constitutes:
Phone contact (this Application)
Users that provided their phone number might be contacted for commercial or promotional purposes related to this Application, as well as for fulfilling support requests.
Personal Data processed: phone number.
Category of Personal Information collected according to the CCPA: identifiers.
This processing constitutes:
Newsletter or mailing list (This Application)
By providing contact information, the User’s email address and mailing address will be added to the contact list of those who may receive email messages or direct mail messages containing information of commercial or promotional nature concerning this Application or company’s products. Your email address and mailing address might also be added to this list as a result of signing up to this Application or after making a purchase.
This processing constitutes:
- a Sale in California
- a Sharing in California
Content commenting
Content commenting services allow Users to make and publish their comments on the contents of this Application.
Depending on the settings chosen by the Owner, Users may also leave anonymous comments. If there is an email address among the Personal Data provided by the User, it may be used to send notifications of comments on the same content. Users are responsible for the content of their own comments.
If a content commenting service provided by third parties is installed, it may still collect web traffic data for the pages where the comment service is installed, even when Users do not use the content commenting service.
Disqus (Disqus)
Disqus is a hosted discussion board solution provided by Disqus that enables this Application to add a commenting feature to any content.
Personal Data processed: Data communicated while using the service; Tracker; Usage Data.
Place of processing: US – Privacy Policy – Opt out.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
Facebook Comments (Facebook, Inc.)
Facebook Comments is a content commenting service provided by Facebook, Inc. enabling the User to leave comments and share them on the Facebook platform.
Personal Data processed: Cookies; Usage Data.
Place of processing: United States – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
Content performance and features testing (A/B testing)
The services contained in this section allow the Owner to track and analyze the User response concerning web traffic or behavior regarding changes to the structure, text or any other component of this Application.
Google Optimize (Google Inc.)
Google Optimize is an A/B testing service provided by Google LLC or by Google Ireland Limited, depending on how the Owner manages the Data processing, ("Google").
Google may use Personal Data to contextualize and personalize the ads of its own advertising network.
Personal Data processed: Cookies; Usage Data.
Place of processing: US – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
Visual Website Optimizer (Wingify)
Visual Website Optimizer is an A/B testing service provided by Wingify Inc.
Personal Data processed: Cookies; Usage Data.
Place of processing: United States – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in the United States
- Targeted Advertising in Virginia, Colorado, Connecticut, Utah, Texas, Oregon, Nevada, Delaware, Iowa, New Hampshire, New Jersey, Nebraska and Montana
Google Optimize 360 (Google LLC)
Google Optimize 360 is an A/B testing service provided by Google LLC ("Google").
This service allows the Owner to target groups of Users on the base of their past use of this Application. Users that opt-out of tracking by Google Analytics will not be included in experiments created in Google Optimize 360.
Google may use Personal Data to contextualize and personalize the ads of its own advertising network.
Personal Data processed: Cookies; Usage Data.
Place of processing: United States – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
Displaying content from external platforms
This type of service allows you to view content hosted on external platforms directly from the pages of this Application and interact with them.
This type of service might still collect web traffic data for the pages where the service is installed, even when Users do not use it.
Google Fonts (Google LLC)
Google Fonts is a typeface visualization service provided by Google LLC that allows this Application to incorporate content of this kind on its pages.
Personal Data processed: Usage Data; various types of Data as specified in the privacy policy of the service.
Place of processing: United States – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
Font Awesome (Fonticons, Inc. )
Font Awesome is a typeface visualization service provided by Fonticons, Inc. that allows this Application to incorporate content of this kind on its pages.
Personal Data processed: Usage Data.
Place of processing: United States – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
Handling payments
Payment processing services enable this Application to process payments by credit card, bank transfer or other means. To ensure greater security, this Application shares only the information necessary to execute the transaction with the financial intermediaries handling the transaction.
Some of these services may also enable the sending of timed messages to the User, such as emails containing invoices or notifications concerning the payment.
Authorize.Net (Authorize.Net)
Authorize.Net is a payment service provided by Authorize.Net.
Personal Data processed: various types of Data as specified in the privacy policy of the service.
Place of processing: US – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
PayPal (PayPal Inc.)
PayPal is a payment service provided by PayPal Inc., which allows Users to make online payments.
Personal Data processed: various types of Data as specified in the privacy policy of the service.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in Virginia, Colorado, Connecticut, Utah, Texas, Oregon, Nevada, Delaware, Iowa, New Hampshire, New Jersey, Nebraska and Montana
Amazon Payments (Amazon)
Amazon Payments is a payment service provided by Amazon.com, Inc., which allows Users to make online payments using their Amazon credentials.
Personal Data processed: various types of Data as specified in the privacy policy of the service.
Place of processing: See the Amazon privacy policy – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
Apple Pay (Apple Inc.)
Apple Pay is a payment service provided by Apple Inc., which allows Users to make payments using their mobile phones.
Personal Data processed: various types of Data as specified in the privacy policy of the service.
Place of processing: United States – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
PayPal Carrier Payments (PayPal Inc.)
PayPal Carrier Payments is a payment service provided by PayPal, Inc., which allows Users to make online payments using their mobile phone operator.
Personal Data processed: phone number; various types of Data as specified in the privacy policy of the service.
Place of processing: See the PayPal privacy policy – Privacy Policy.
Category of Personal Information collected according to the CCPA: identifiers; internet or other electronic network activity information.
This processing constitutes:
PayPal Payments Hub (PayPal Inc.)
PayPal Payments Hub is a payment service provided by PayPal Inc.
Personal Data processed: various types of Data as specified in the privacy policy of the service.
Place of processing: See the PayPal privacy policy – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
Braintree (PayPal Inc.)
Braintree is a payment service provided by Braintree, a division of PayPal Inc.
Personal Data processed: various types of Data as specified in the privacy policy of the service.
Place of processing: See the Braintree privacy policy – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
Google Pay (Google LLC)
Google Pay is a payment service provided by Google LLC, which allows users to make online payments using their Google credentials.
Personal Data processed: billing address; email address; first name; last name; payment info; shipping address.
Place of processing: United States – Privacy Policy.
Category of Personal Information collected according to the CCPA: identifiers; commercial information.
This processing constitutes:
NoFraud (NoFraud LLC)
NoFraud is a payment fraud detection service provided by NoFraud LLC.
Personal Data processed: payment and billing information, along with various types of Data as specified in the privacy policy of the service.
Place of processing: United States
Category of personal information collected according to CCPA: payment and billing information
This processing constitutes:
- a Sale in California
- a Sharing in California
Heat mapping and session recording
Heat Mapping services are used to display the areas of a page where Users most frequently move the mouse or click. This shows where the points of interest are. These services make it possible to monitor and analyze web traffic and keep track of User behavior.
Some of these services may record sessions and make them available for later visual playback.
Hotjar Heat Maps & Recordings (Hotjar Ltd.)
Hotjar is a session recording and heat mapping service provided by Hotjar Ltd.
Hotjar honors generic „Do Not Track” headers. This means the browser can tell its script not to collect any of the User's data. This is a setting that is available in all major browsers. Find Hotjar’s opt-out information here.
Personal Data processed: Cookies; Usage Data; various types of Data as specified in the privacy policy of the service.
Place of processing: Malta – Privacy Policy – Opt Out.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
Noibu Heat Mapping and Session Recording
Noibu is a website monitoring service that allows for website activity errors to be documented in real time. Personal Data processed: Tracker; Usage Data. Place of processing: Canada – https://noibu.com/privacy-policy/ Category of personal information collected according to the CCPA: internet information.
This processing constitutes:
- a Sale in California
Hosting and backend infrastructure
This type of service has the purpose of hosting Data and files that enable this Application to run and be distributed as well as to provide a ready-made infrastructure to run specific features or parts of this Application. Some of these services work through geographically distributed servers, making it difficult to determine the actual location where the Personal Data are stored.
Amazon Web Services (AWS) (Amazon Web Services, Inc.)
Amazon Web Services (AWS) is a hosting and backend service provided by Amazon Web Services, Inc.
Personal Data processed: various types of Data as specified in the privacy policy of the service.
Place of processing: United States – Privacy Policy; Canada – Privacy Policy; United Kingdom – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
Information collection
Data Collected from Minors
Whisker will never knowingly collect any personal information about children under the age of 13. If we obtain actual knowledge that we have collected personal information about a child under the age of 13, that information will be immediately deleted from our database. Because we do not collect such information, we have no such information to use or to disclose to Third Parties. We have designed this policy in order to comply with the Children’s Online Privacy Protection Act (COPPA).
This processing constitutes:
- a Sale in California
- a Sharing in California
Selling Personal Information
Whisker does not sell, and has not sold during the past twelve (12) months, any personal information of consumers.Whisker does engage in personalized advertising, both on and off the Website, and this could constitute a "sale" based on the definition under the CCPA. If you would like to opt out of personalized advertising from Whisker, please email data@whisker.com or submit a request through our Privacy Request link.
This processing constitutes:
- a Sale in California
- a Sharing in California
This policy applies to multiple websites/apps
This policy applies to litter-robot.com, litterbox.com, feeder-robot.com, whisker.com, and the Whisker App.
This processing constitutes:
- a Sale in California
- a Sharing in California
Infrastructure monitoring
This type of service allows this Application to monitor the use and behavior of its components so its performance, operation, maintenance and troubleshooting can be improved.
Which Personal Data are processed depends on the characteristics and mode of implementation of these services, whose function is to filter the activities of this Application.
New Relic (New Relic)
New Relic is a monitoring service provided by New Relic Inc.
The way New Relic is integrated means that it filters all traffic of this Application, i.e., communication between the Application and the User's browser or device, while also allowing analytical data on this Application to be collected.
Personal Data processed: Cookies; Usage Data; various types of Data as specified in the privacy policy of the service.
Place of processing: United States – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
Sentry (Functional Software, Inc. )
Sentry is a monitoring service provided by Functional Software, Inc. .
Personal Data processed: various types of Data as specified in the privacy policy of the service.
Place of processing: United States – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
Interaction with data collection platforms and other third parties
This type of service allows Users to interact with data collection platforms or other services directly from the pages of this Application for the purpose of saving and reusing data.
If one of these services is installed, it may collect browsing and Usage Data in the pages where it is installed, even if the Users do not actively use the service.
Hotjar Recruit User Testers (Hotjar Ltd.)
The Hotjar Recruit User Testers widget is a service for interacting with the Hotjar data collection platform provided by Hotjar Ltd.
Hotjar honors generic „Do Not Track” headers. This means the browser can tell its script not to collect any of the User's data. This is a setting that is available in all major browsers. Find Hotjar’s opt-out information here.
Personal Data processed: Tracker; Usage Data; various types of Data.
Place of processing: Malta – Privacy Policy – Opt Out.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
- a Sharing in California
Noibu Interaction with Data Collection Platforms and Other Third Parties
Noibu is a website monitoring service that allows for website activity errors to be documented in real time. Personal Data processed: Tracker; Usage Data. Place of processing: Canada – https://noibu.com/privacy-policy/ Category of personal information collected according to the CCPA: internet information.
This processing constitutes:
- a Sale in California
Interaction with external social networks and platforms
This type of service allows interaction with social networks or other external platforms directly from the pages of this Application.
The interaction and information obtained through this Application are always subject to the User’s privacy settings for each social network.
This type of service might still collect traffic data for the pages where the service is installed, even when Users do not use it.
It is recommended to log out from the respective services in order to make sure that the processed data on this Application isn’t being connected back to the User’s profile.
Facebook Like button and social widgets (Facebook, Inc.)
The Facebook Like button and social widgets are services allowing interaction with the Facebook social network provided by Meta Platforms, Inc. or by Meta Platforms Ireland Limited, depending on how the Owner manages the Data processing,
Personal Data processed: Cookies; Usage Data.
Place of processing: US – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in the United States
Pinterest “Pin it” button and social widgets (Pinterest)
The Pinterest “Pin it” button and social widgets are services allowing interaction with the Pinterest platform provided by Pinterest Inc.
Personal Data processed: Cookies; Usage Data.
Place of processing: US – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
Twitter Tweet button and social widgets (X Corp.)
The Twitter Tweet button and social widgets are services allowing interaction with the Twitter social network provided by Twitter, Inc.
Personal Data processed: Cookies; Usage Data.
Place of processing: United States – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
Reddit button and widgets (reddit inc.)
The reddit button and widgets are services allowing interaction with the reddit platform provided by reddit inc.
Personal Data processed: Cookies; Usage Data.
Place of processing: US – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
PayPal button and widgets (PayPal Inc.)
The PayPal button and widgets are services allowing interaction with the PayPal platform provided by PayPal Inc.
Personal Data processed: Cookies; Usage Data.
Place of processing: See the PayPal privacy policy – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
Interaction with live chat platforms
This type of service allows Users to interact with third-party live chat platforms directly from the pages of this Application, in order to contact and be contacted by this Application‘s support service.
If one of these services is installed, it may collect browsing and Usage Data in the pages where it is installed, even if the Users do not actively use the service. Moreover, live chat conversations may be logged.
Facebook Messenger Customer Chat (Facebook, Inc.)
The Facebook Messenger Customer Chat is a service for interacting with the Facebook Messenger live chat platform provided by Facebook, Inc.
Personal Data processed: Data communicated while using the service; Tracker; Usage Data.
Place of processing: United States – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
Dixa Interaction with Live Chat Platforms
Dixa Messenger [Dixa ApS]
Dixa Messenger is a chat service for interacting with the Dixa Messenger live chat platform provided by Dixa ApS. Personal Data processed: Data communicated while using the service; Tracker; Usage Data. Place of processing: United States – https://www.dixa.com/legal/privacy/ Category of personal information collected according to the CCPA: internet information.
This processing constitutes:
- a Sale in California
Interaction with online survey platforms
This type of services allows Users to interact with third party online survey platforms directly from the pages of this Application.
If one of these services is installed, it may collect browsing and Usage Data in the pages where it is installed, even if the Users do not actively use the service.
SurveyMonkey Widget (SurveyMonkey Inc.)
The SurveyMonkey Widget is a service for interacting with the SurveyMonkey online survey platform provided by SurveyMonkey Inc., SurveyMonkey Brasil Internet Ltda. or by SurveyMonkey Europe UC, depending on how the Owner manages the Data processing.
Personal Data processed: Cookies; Usage Data.
Place of processing: US – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
Hotjar Poll & Survey widgets (Hotjar Ltd.)
The Hotjar Poll & Survey widgets are services that enable interaction with the Hotjar platform provided by Hotjar Ltd.
Hotjar honors generic „Do Not Track” headers. This means the browser can tell its script not to collect any of the User's data. This is a setting that is available in all major browsers. Find Hotjar’s opt-out information here.
Personal Data processed: Tracker; Usage Data; various types of Data.
Place of processing: Malta – Privacy Policy – Opt Out.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
Noibu Interaction with Online Survey Platforms
Noibu is a website monitoring service that allows for website activity errors to be documented in real time. Personal Data processed: Tracker; Usage Data. Place of processing: Canada – https://noibu.com/privacy-policy/ Category of personal information collected according to the CCPA: internet information.
This processing constitutes:
- a Sale in California
Managing contacts and sending messages
This type of services makes it possible to manage a database of email contacts, phone contacts or any other contact information to communicate with the User.
These services may also collect data concerning the date and time when the message was viewed by the User, as well as when the User interacted with it, such as by clicking on links included in the message.
Mailchimp (The Rocket Science Group, LLC.)
Mailchimp is an email address management and message sending service provided by Intuit Inc.
Personal Data processed: email address.
Place of processing: US – Privacy Policy.
Category of Personal Information collected according to the CCPA: identifiers.
This processing constitutes:
- a Sale in the United States
- a Sharing in California
Managing data collection and online surveys
This type of service allows this Application to manage the creation, deployment, administration, distribution and analysis of online forms and surveys in order to collect, save and reuse Data from any responding Users.
The Personal Data collected depend on the information asked and provided by the Users in the corresponding online form.
These services may be integrated with a wide range of third-party services to enable the Owner to take subsequent steps with the Data processed - e.g. managing contacts, sending messages, analytics, advertising and payment processing.
Facebook lead ads (Facebook, Inc.)
Facebook lead ads is an advertising and data collection service provided by Facebook, Inc. that allows form-based ads to be shown to Users pre-populated with Personal Data from their Facebook profiles, such as names and email addresses. Depending on the type of advertisement, Users may be requested to provide further information.
Form submission results in the collection and processing of these Data by the Owner under this privacy policy, and only for the specific purpose outlined on the form and/or inside this privacy policy, where provided.
Users may exercise their rights, at any time, including the right to withdraw their consent to the processing of their Data, as specified in the section containing information about User rights in this privacy policy.
Personal Data processed: email address; first name; last name.
Place of processing: United States – Privacy Policy – Opt out.
Category of Personal Information collected according to the CCPA: identifiers.
This processing constitutes:
- a Sale in California
Managing landing and invitation pages
This type of services allows you to build and manage landing and invitation pages, i.e., pages for presenting a product or service, where you may add your contact information such as an email address.
Managing these pages means that these services will handle the Personal Data collected through the pages, including Usage Data.
Instapage (Instapage, Inc.)
Instapage is a landing page management service provided by Instapage, Inc., that allows this Application to collect the email addresses of Users interested in its service.
Instapage allows the Owner to track and analyze the User response concerning web traffic or behavior regarding changes to the structure, text or any other component of the created landing pages.
Personal Data processed: Cookies; email address; Usage Data.
Place of processing: US – Privacy Policy.
Category of Personal Information collected according to the CCPA: identifiers; internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
Managing support and contact requests
This type of service allows this Application to manage support and contact requests received via email or by other means, such as the contact form.
The Personal Data processed depend on the information provided by the User in the messages and the means used for communication (e.g. email address).
Salesforce Service Cloud (Salesforce.com, inc.)
Salesforce Service Cloud is a support and contact request management service provided by salesforce.com, inc.
Personal Data processed: Data communicated while using the service; various types of Data as specified in the privacy policy of the service.
Place of processing: United States – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
Dixa Managing Support and Contact Requests
Personal Data processed: Data communicated while using the service; various types of Data as specified in the privacy policy of the service. Place of processing: United States – https://www.dixa.com/legal/privacy/ Category of personal information collected according to the CCPA: internet information.
This processing constitutes:
- a Sale in California
Marketing
Postie
POSTIE, INC. PRIVACY POLICY
Effective Date: February 4, 2019
Postie, Inc. is committed to privacy. This Privacy Policy ("Policy") describes how we collect, use, and disclose information about our customers gathered through our website.
This Policy does not cover information that you may provide to Postie, Inc. as part of an agreement for services that you may enter into with Postie, Inc. For example, if you provide the addresses of your customers as part of an agreement with Postie, Inc. to provide direct mailing services, those addresses are not covered by this policy. That information is governed by the terms of your agreement with Postie, Inc. including the Postie, Inc. Terms of Service”).
Throughout this policy we will refer to the websites as the “Site.” Throughout this policy we will refer to Postie, Inc. and its affiliates as “Postie,” “we,” “our,” or “us.”
By using the Site, you agree to the terms of this Policy. If you do not agree with the terms of this Policy, do not use the Site.
This Policy covers only Postie, Inc.’s Sites and does not apply to third party websites and services.
We may update this Policy over time, so please check this page for updates. When we update the Policy, we will post the new Policy on this page and change the effective date at the top of the Policy.
What Information Does Collect?
Postie collects three types of information: Personal Information, Collected Data, and Anonymous Data. This section of the Policy describes those types of information and how Postie gathers them.
Personal Information:
Depending on how you use our Site, Postie or our third party service providers may collect the following types of personal information when you interact with our Site:
· If you choose to register an account with us, we may collect:
o Your first name,
o Your last name,
o Your postal address and/or zip code,
o Your business address and/or zip code
o Your email address,
o Your business email address, and
o Your phone number or business phone number.
o You billing information
· If you choose to access our social network pages or otherwise link to our Site with your own social network page, we may collect social network profile information that you have made publically available.
· We may also receive information from third parties that identifies you. We may add this information to the information we have already collected.
We refer to these types of information as “Personal Information”.
Collected Data
When you visit or interact with our Site, we collect several types of information related to you and your use of our Site. We call these types of information “Collected Data.”
Collected Data includes:
· Your domain name,
· Your Internet protocol (IP) address,
· Your mobile device model,
· Your internet service provider,
· Site access times,
· Websites that referred you to us,
· Web pages within our Site that you visit, and
· general location information (e.g., city, state) based on your IP address.
Anonymous Data
“Anonymous Data” is data that doesn’t identify a particular user. Anonymous Data includes information like the number of unique visitors to our Site or how many users are located within California. We collect anonymous data in many ways including through automated logging of activity on our Site. We sometimes create Anonymous Data by removing identifying information from Personal Information or Collected Data.
Cookies
Like many online services, our Site uses cookies to store information and to understand more information about you. A cookie is a small amount of data that is sent to your browser from a Web server and stored on your computer's hard drive. You can prevent your browser from accepting cookies and you may also delete cookies from your computer, but doing either of these things may affect your use of certain features of the Site.
Notwithstanding any other provision, we may also engage a third party partner for the purpose of recognizing users and delivering to them interest-based content and advertisements. We may share information about you with our partners such as your name, postal address, email, or other identifier and may do so in non-human readable form to ensure the security of your information. Our partners also may collect information directly from your device, such as your IP address, device ID, and information about your browser or operating system; may combine our personal and non-personal information about you with information from other; and may place or recognize a unique cookie on your browser. To opt-out of third party cookies, please go to http://www.aboutads.info/choices. To opt-out of the use of your mobile device ID for targeted advertising, please see http://www.aboutads.info/appchoices.
Do Not Track Signals
Some web browsers and devices allow you to broadcast a preference that your activities online not be “tracked”. At this time, the Site does not take action in response to “do not track” signals.
How Does Postie Use the Information It Collects?
Postie may use Personal Information, Collected Data, and Anonymous Data to:
· Operate, maintain and improve the Site and our business.
· Process purchases of Postie products and services made on the Site.
· Respond to your inquiries, post your comments on our social network pages, and take other actions in response to your questions, comments or Site activity.
· Communicate directly with you about special offers, services, and promotions for our brand, affiliates or third party partners that may be of interest to you.
· Communicate with you about your orders, purchases, and program participation.
How Does Postie Share Information?
Postie may share your Personal Information in the following ways:
· We may share your Personal Information with companies that provide services to us. This means companies like credit card processors, website hosts, email vendors, and other companies that help us provide services or market our brand. These companies may only use that information to provide services on our behalf.
· We may share your Personal Information in response to legal process like a subpoena or court order.
· We may share your Personal Information if a law or government regulation requires us to do so.
· We may share your Personal Information to combat fraudulent or criminal activity, to enforce our agreements, corporate policies, and/or the Postie, Inc. Terms of Service of the Site,
· We may also share your Personal Information to protect the rights, property, and safety of Postie, our employees, agents, customers, or others.
· We may share your Personal Information in the event of a merger, acquisition, financing, sale of assets, liquidation or other similar transaction.
Postie may share Collected Data in the following ways:
· We may share Collected Data in the same ways we share Personal Information (listed above).
· We also share Collected Data with Google and our Behavioral Advertising partners.
Postie may share Anonymous Data in the following ways:
· We may share Anonymous Data in any manner that we choose.
Online Advertising
Google AdWords Remarketing
We use Google AdWords remarketing to advertise across the internet. AdWords remarketing displays ads that are tailored to you when you visit our Site and other sites. This is done by placing a cookie on your machine that let’s websites know what other websites you’ve visited. This cookie is a persistent cookie—it does not expire when you close your browser and allows for tracking across multiple websites over time. You may opt out of Google’s use of cookies by visiting this website: www.google.com/settings/ads.
Any images (or any other parts of a web page) served by third parties in association with third party cookies may serve as web beacons which enable third parties to carry out the previously described activities.
Third party cookies and other third party technologies are covered by each third party’s specific privacy policy, not this Policy.
Google Analytics
We use a tool called “Google Analytics” to collect information about use of our Site. Google Analytics collects information such as how often users visit the Site, what pages they visit when they visit, and what other sites they used prior to coming to our Site. We use the information we get from Google Analytics only to improve our Site. Google Analytics collects only the IP address assigned to you on the date you visit this site, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics places a permanent cookie on your web browser to identify you as a unique user the next time you visit this site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to our Site is restricted by the Google Analytics Terms of Use (www.google.com/analytics/tos.html) and the Google Privacy Policy (www.google.com/privacypolicy.html). You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser. For more information about how Google uses data when you use our Site, you can visit: www.google.com/policies/privacy/partners/.
How Does Postie Secure Personal Information?
Postie takes reasonable steps to maintain appropriate physical, technical and administrative security to help prevent loss, misuse, unauthorized access, disclosure or modification of information in its control including Personal Information, Collected Data, and Anonymous Data. Although no transmission of data over the Internet or other public network can be guaranteed to be 100% secure, Postie makes reasonable efforts to protect any information you share with us.
Children
We do not provide products and services to children through the Site. We do not knowingly collect or solicit information from children under the age of 13. By using the Site, you are representing that you are not under the age of 13.
If you are a parent or guardian of a child under the age of thirteen (13) and believe he or she has disclosed personally identifiable information to us, please contact us at info@postie.com.
How Can I Review and Edit My Personal Information?
You may modify or delete some of the Personal Information that we have collected about you by visiting the Site and editing your account information.
You may also contact us at the email address or phone number below if you wish to view, edit or delete your Personal Information from our database, and we will use commercially reasonable efforts to accommodate your request.
If you no longer wish to receive promotional emails from us, you may opt-out from receiving future emails from Postie by following the instructions for unsubscribing in the promotional emails we send you or by contacting us at the email address or phone number below.
Please note that any information you choose to provide in a public setting, such as on Postie’s social network pages, is not only provided to Postie but may also be shared publicly. Use caution when posting or sharing information on social networking sites. You may also be able to manage the sharing of certain personal information when you connect with us through social networks by adjusting the privacy or security settings of your social network accounts.
Your California Privacy Rights
Residents of California may request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.
You are limited to one request per calendar year. In your request, please attest that you are a California resident and provide a current California address for our response. You may request the information in writing at our corporate address listed below.
Contact Us
Please contact us if you have any questions or comments about our privacy practices or this Policy. You can reach us via postal mail at the following address:
Postie, Inc.
Attention: Legal Department
12130 Millennium Drive
Los Angeles, CA 90094
You may also contact us at the following:
Email: info@postie.com
This processing constitutes:
- a Sale in California
- a Sharing in California
Attentive Mobile
https://www.attentivemobile.com/privacy/
This processing constitutes:
- a Sale in California
- a Sharing in California
Basis by Centro
http://privacy.centro.net/.
This processing constitutes:
- a Sale in California
- a Sharing in California
Talkable
Talkable is an advertising service provided by Curebit, Inc.
https://www.talkable.com/privacy
This processing constitutes:
- a Sale in California
- a Sharing in California
Types of Data Collected Addendum
Among the types of Personal Data that this Application collects, by itself or through third parties, there are: Cookies; Usage Data; device information; shopping history; unique device identifiers for advertising (Google Advertiser ID or IDFA, for example); various types of Data; email address; Data communicated while using the service; first name; last name; gender; phone number; address; country; state; ZIP/Postal code; city; date of birth; pet and household information; consumption and usage history; device logs; Universally unique identifier (UUID); payment info; billing address; shipping address.
This processing constitutes:
- a Sale in California
- a Sharing in California
Retention.com | Data Marketing Services
GetEmails, LLC dba Retention.com provides data marketing services designed to help for-profit and not-profit organizations, and companies that work with them, to market their goods and services in a relevant and efficient way. Retention.com solutions are used principally to support email marketing. Privacy Policy: https://retention.com/privacy-policy/
When you visit our website, log in, register or open an email, cookies, ad beacons, and similar technologies may be used by our online data partners or vendors to associate these activities with information they or others have about you, including your email address. We (or service providers on our behalf) may then send communications and marketing to these email addresses. You may opt out of receiving this advertising by visiting https://app.retention.com/optout.
This processing constitutes:
- a Sale in California
- a Sharing in California
PebblePost
This Privacy Policy describes the types of Personally Identifiable Information (“PII”) that PebblePost, Inc., (the “Company”, “we”, “us” or “our”) collects, the purposes for which we collect PII, the other parties with whom we may share PII, and the measures we take to protect the security of PII. It also tells you about your rights and choices with respect to your PI, and how you may contact us about our privacy practices.
Please note that this Privacy Policy describes the practices related to our web site, www.pebblepost.com (“Site”) and to data that we collect through our Programmatic Direct Mail® (PDM®) services and products (“PDM Services”) which we offer to our corporate clients (“Brand Partners”). This Privacy Policy does not apply to data collected or provided by our Brand Partners who use the PDM Services.
For more information about how users with disabilities can access this Privacy Policy in an alternative format, please contact us at privacy@pebblepost.com.
View privacy policy: https://www.pebblepost.com/privacy-policy/
To opt out of selling or sharing your data, click here: https://privacyportal-cdn.onetrust.com/dsarwebform/f3224586-fa40-4b58-822e-e86fec4761ed/39d1f47c-b268-42dc-8009-25d1fd37d305.html
PebblePost will respond or request an extension to respond within 45 days.
This processing constitutes:
- a Sale in the United States
- a Sharing in California
- Targeted Advertising in Virginia, Colorado, Connecticut, Utah, Texas, Oregon, Nevada, Delaware, Iowa, New Hampshire, New Jersey, Nebraska and Montana
Platform services and hosting
These services have the purpose of hosting and running key components of this Application, therefore allowing the provision of this Application from within a unified platform. Such platforms provide a wide range of tools to the Owner – e.g. analytics, user registration, commenting, database management, e-commerce, payment processing – that imply the collection and handling of Personal Data. Some of these services work through geographically distributed servers, making it difficult to determine the actual location where the Personal Data are stored.
WordPress.com (Automattic Inc.)
WordPress.com is a platform provided by Automattic Inc. or by Aut O’Mattic A8C Ireland Ltd., depending on how the Owner manages the Data processing, that allows the Owner to build, run and host this Application.
Personal Data processed: various types of Data as specified in the privacy policy of the service.
Place of processing: USA – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
Google Play Store (Google LLC)
This Application is distributed on the Google Play Store, a platform for the distribution of mobile apps, provided by Google LLC.
By virtue of being distributed via this app store, Google collects usage and diagnostics data and share aggregate information with the Owner. Much of this information is processed on an opt-in basis.
Users may opt-out of this analytics feature directly through their device settings. More information on how to manage analysis settings can be found on this page.
Personal Data processed: Usage Data.
Place of processing: United States – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
Registration and authentication
By registering or authenticating, Users allow this Application to identify them and give them access to dedicated services.
Depending on what is described below, third parties may provide registration and authentication services. In this case, this Application will be able to access some Data, stored by these third-party services, for registration or identification purposes.
Login with Amazon (Amazon)
Login with Amazon is a registration and authentication service provided by Amazon.com, Inc.
Personal Data processed: various types of Data as specified in the privacy policy of the service.
Place of processing: United States – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
Log In with PayPal (PayPal Inc.)
Log In with PayPal is a registration and authentication service provided by PayPal Inc. and is connected to the PayPal network.
Personal Data processed: various types of Data as specified in the privacy policy of the service.
Place of processing: See the PayPal privacy policy – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
Remarketing and behavioral targeting
This type of service allows this Application and its partners to inform, optimize and serve advertising based on past use of this Application by the User.
This activity is facilitated by tracking Usage Data and by using Trackers to collect information which is then transferred to the partners that manage the remarketing and behavioral targeting activity.
Some services offer a remarketing option based on email address lists.
In addition to any opt-out feature provided by any of the services below, Users may opt out by visiting the Network Advertising Initiative opt-out page.
Users may also opt-out of certain advertising features through applicable device settings, such as the device advertising settings for mobile phones or ads settings in general.
Google Ads Remarketing (Google Inc.)
Google Ads Remarketing is a remarketing and behavioral targeting service provided by Google LLC or by Google Ireland Limited, depending on how the Owner manages the Data processing, that connects the activity of this Application with the Google Ads advertising network and the DoubleClick Cookie.
Users can opt out of Google's use of cookies for ads personalization by visiting Google's Ads Settings.
Personal Data processed: Cookies; Usage Data.
Place of processing: US – Privacy Policy – Opt Out.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
- a Sharing in California
AdRoll (AdRoll, Inc.)
AdRoll is an advertising service provided by NextRoll, Inc. AdRoll can serve targeted advertising on any device connected to the User, by processing their email address using a security technique called hashing.
AdRoll may also automatically collect certain types of data to serve personalized recommendations to the User, as stated in its privacy policy.
Personal Data processed: device information; shopping history; Tracker; unique device identifiers for advertising (Google Advertiser ID or IDFA, for example); Usage Data; various types of Data.
Place of processing: US – Privacy Policy – Opt Out.
Category of Personal Information collected according to the CCPA: identifiers; commercial information; internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
- a Sharing in California
Twitter Remarketing (X Corp.)
Twitter Remarketing is a remarketing and behavioral targeting service provided by Twitter, Inc. that connects the activity of this Application with the Twitter advertising network.
Personal Data processed: Cookies; Usage Data.
Place of processing: United States – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
- a Sharing in California
Twitter Tailored Audiences (X Corp.)
Twitter Tailored Audiences is a remarketing and behavioral targeting service provided by X Corp. that connects the activity of this Application with the Twitter advertising network.
Users can opt out from interest-based ads by going to: Personalization and Data.
Personal Data processed: Cookies; email address.
Place of processing: United States – Privacy Policy.
Category of Personal Information collected according to the CCPA: identifiers; internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
- a Sharing in California
Facebook Custom Audience (Facebook, Inc.)
Facebook Custom Audience is a remarketing and behavioral targeting service provided by Meta Platforms, Inc. or by Meta Platforms Ireland Limited, depending on how the Owner manages the Data processing, that connects the activity of this Application with the Facebook advertising network.
Users can opt out of Facebook's use of cookies for ads personalization by visiting this opt-out page.
Personal Data processed: Cookies; email address.
Place of processing: US – Privacy Policy – Opt Out.
Category of Personal Information collected according to the CCPA: identifiers; internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
- a Sharing in California
Facebook Remarketing (Facebook, Inc.)
Facebook Remarketing is a remarketing and behavioral targeting service provided by Meta Platforms, Inc. or by Meta Platforms Ireland Limited, depending on how the Owner manages the Data processing, that connects the activity of this Application with the Facebook advertising network.
Personal Data processed: Cookies; Usage Data.
Place of processing: US – Privacy Policy – Opt Out.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
- a Sharing in California
Remarketing with Google Analytics (Google Inc.)
Remarketing with Google Analytics is a remarketing and behavioral targeting service provided by Google LLC or by Google Ireland Limited, depending on how the Owner manages the Data processing, that connects the tracking activity performed by Google Analytics and its Cookies with the Google Ads advertising network and the Doubleclick Cookie.
Personal Data processed: Cookies; Usage Data.
Place of processing: US – Privacy Policy – Opt Out.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
- a Sharing in California
Google Ad Manager Audience Extension (Google Inc.)
Google Ad Manager Audience Extension is a remarketing and behavioral targeting service provided by Google LLC or by Google Ireland Limited, depending on how the Owner manages the Data processing, that tracks the visitors of this Application and allows selected advertising partners to display targeted ads across the web to them.
Personal Data processed: Cookies; Usage Data.
Place of processing: US – Privacy Policy – Opt Out.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
- a Sharing in California
Criteo Dynamic Retargeting (Criteo SA)
Criteo Dynamic Retargeting is a remarketing and behavioral targeting service provided by Criteo SA., that connects the activity of this Application with the Criteo advertising network.
Personal Data processed: Cookies; Usage Data.
Place of processing: France – Privacy Policy – Opt Out.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
- a Sharing in California
Salesforce Audience Studio (Salesforce.com, inc.)
Salesforce Audience Studio is a remarketing and behavioral targeting service provided by Salesforce.com, inc.
Salesforce Audience Studio makes use of tracking technologies to monitor User behavior. This Data is then used to personalize the User's experience and to provide targeted advertising. Salesforce Audience Studio may also connect the collected Data with other networks, including advertising networks, and enable these parties to track and target the User. The Owner, unless otherwise specified in this document, has no direct relationship with the third parties that Salesforce Audience Studio may be including.
Personal Data processed: Cookies; Usage Data.
Place of processing: United States – Privacy Policy – Opt Out.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
- a Sharing in California
Outbrain Custom Audience (Outbrain Inc.)
Outbrain Custom Audience is a remarketing and behavioral targeting service provided by Outbrain Inc. that connects the activity of this Application with the Outbrain advertising network.
Users can opt out of Outbrain's use of cookies for ads personalization by visiting this opt-out page.
Personal Data processed: device information; Tracker; Universally unique identifier (UUID); Usage Data.
Place of processing: United States – Privacy Policy – Opt out.
Category of Personal Information collected according to the CCPA: identifiers; internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
- a Sharing in California
TikTok Remarketing (TikTok Inc.)
TikTok Remarketing is a remarketing and behavioral targeting service provided by TikTok Inc. that connects the activity of this Application with the TikTok advertising network.
Personal Data processed: unique device identifiers for advertising (Google Advertiser ID or IDFA, for example).
Place of processing: United States – Privacy Policy.
Category of Personal Information collected according to the CCPA: identifiers.
This processing constitutes:
- a Sale in the United States
- a Sharing in California
- Targeted Advertising in Virginia, Colorado, Connecticut, Utah, Texas, Oregon, Nevada, Delaware, Iowa, New Hampshire, New Jersey, Nebraska and Montana
RSS feed management
This type of service allows this Application to manage RSS feeds and the distribution of their content. Depending on the characteristics of the service used, these services may be used to insert ads within the content and to gather statistics data from them.
Feedburner (Google LLC)
Feedburner is a service to manage RSS feeds provided by Google LLC. It allows the collection of statistics on what content is consumed and to insert ads in it.
Personal Data processed: Cookies; Usage Data.
Place of processing: United States – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
Selling goods and services online
This type of service helps the Owner to sell goods, provide services or monetize online content. To this end, the services listed below may for instance allow the Owner to process payments, set up subscription models, track orders, and manage deliveries.
ordergroove
Developer of a cloud-based proprietary relationship commerce platform designed to help brands and retailers with subscription models and retention rates. The company's platform uses artificial intelligence, analytics, and unmatched consumer expertise to empower top brands to transform commerce experiences while making consumers' lives easier, enabling brands to identify and interact with profitable customers to maximize lifetime value.
Privacy Poilicy: https://www.ordergroove.com/privacy-policy/
This processing constitutes:
- a Sale in California
- a Sharing in California
Social features
Inviting and suggesting friends (This Application)
This Application may use the Personal Data provided to allow Users to invite their friends - for example through the address book, if access has been provided - and to suggest friends or connections inside it.
Personal Data processed: various types of Data.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
Tag Management
This type of service helps the Owner to manage the tags or scripts needed on this Application in a centralized fashion.
This results in the Users' Data flowing through these services, potentially resulting in the retention of this Data.
Google Tag Manager (Google Inc.)
Google Tag Manager is a tag management service provided by Google LLC or by Google Ireland Limited, depending on how the Owner manages the Data processing.
Personal Data processed: Usage Data.
Place of processing: US – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
Traffic optimization and distribution
This type of service allows this Application to distribute their content using servers located across different countries and to optimize their performance.
Which Personal Data are processed depends on the characteristics and the way these services are implemented. Their function is to filter communications between this Application and the User's browser.
Considering the widespread distribution of this system, it is difficult to determine the locations to which the contents that may contain Personal Information of the User are transferred.
Sucuri CloudProxy (Sucuri, Inc.)
Sucuri CloudProxy is a traffic optimization and distribution service provided by Sucuri, Inc.
The way Sucuri CloudProxy is integrated means that it filters all the traffic through this Application, i.e., communication between this Application and the User's browser, while also allowing analytical data from this Application to be collected.
Personal Data processed: various types of Data as specified in the privacy policy of the service.
Place of processing: United States – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
User database management
This type of service allows the Owner to build user profiles by starting from an email address, a personal name, or other information that the User provides to this Application, as well as to track User activities through analytics features. This Personal Data may also be matched with publicly available information about the User (such as social networks' profiles) and used to build private profiles that the Owner can display and use for improving this Application.
Some of these services may also enable the sending of timed messages to the User, such as emails based on specific actions performed on this Application.
Salesforce Marketing Cloud (Salesforce.com, inc.)
Salesforce Marketing Cloud is a User database management service provided by salesforce.com, inc.
Personal Data processed: various types of Data as specified in the privacy policy of the service.
Place of processing: United States – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
Salesforce Sales Cloud (Salesforce.com, inc.)
Salesforce Sales Cloud is a User database management service provided by salesforce.com, inc.
Personal Data processed: various types of Data as specified in the privacy policy of the service.
Place of processing: United States – Privacy Policy.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
Dixa User Database Management
Personal Data processed: Data communicated while using the service; various types of Data as specified in the privacy policy of the service. Place of processing: United States – https://www.dixa.com/legal/privacy/ Category of personal information collected according to the CCPA: internet information.
This processing constitutes:
- a Sale in California
Information on opting out of interest-based advertising
In addition to any opt-out feature provided by any of the services listed in this document, Users may learn more on how to generally opt out of interest-based advertising within the dedicated section of the Cookie Policy.
Further information about the processing of Personal Data
Selling goods and services online
The Personal Data collected are used to provide the User with services or to sell goods, including payment and possible delivery.
The Personal Data collected to complete the payment may include the credit card, the bank account used for the transfer, or any other means of payment envisaged. The kind of Data collected by this Application depends on the payment system used.
Push notifications
This Application may send push notifications to the User to achieve the purposes outlined in this privacy policy.
Users may in most cases opt-out of receiving push notifications by visiting their device settings, such as the notification settings for mobile phones, and then change those settings for this Application, some or all of the apps on the particular device.
Users must be aware that disabling push notifications may negatively affect the utility of this Application.
Unique device identification
This Application may track Users by storing a unique identifier of their device, for analytics purposes or for storing Users' preferences.
User identification via a universally unique identifier (UUID)
This Application may track Users by storing a so-called universally unique identifier (or short UUID) for analytics purposes or for storing Users' preferences. This identifier is generated upon installation of this Application, it persists between Application launches and updates, but it is lost when the User deletes the Application. A reinstall generates a new UUID.
Equal protection of User Data
This Application shares User Data only with third parties carefully selected to ensure that they provide the same or equal protection of User Data as stated in this privacy policy and requested by applicable data protection laws. Further information on data processing and privacy practices by third parties can be found in their respective privacy policies.
Cookie Policy
This Application uses Trackers.
Further Information for Users in the European Union
This section applies to all Users in the European Union, according to the General Data Protection Regulation (the “GDPR”), and, for such Users, supersedes any other possibly divergent or conflicting information contained in the privacy policy. Further details regarding the categories of Data processed, the purposes of processing, the categories of recipients of the Personal Data, if any, and further information about Personal Data can be found in the section titled “Detailed information on the processing of Personal Data” within this document.
Legal basis of processing
The Owner may process Personal Data relating to Users if one of the following applies:
- Users have given their consent for one or more specific purposes.
- provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof;
- processing is necessary for compliance with a legal obligation to which the Owner is subject;
- processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Owner;
- processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.
In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Further information about retention time
Unless specified otherwise in this document, Personal Data shall be processed and stored for as long as required by the purpose they have been collected for and may be retained for longer due to applicable legal obligation or based on the Users’ consent.
Therefore:
- Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed.
- Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.
The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to fulfil a legal obligation or upon order of an authority.
Once the retention period expires, Personal Data shall be deleted. Therefore, the right of access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.
The rights of Users based on the General Data Protection Regulation (GDPR)
Users may exercise certain rights regarding their Data processed by the Owner.
In particular, Users have the right to do the following, to the extent permitted by law:
- Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.
- Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent.
- Access their Data. Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
- Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
- Restrict the processing of their Data. Users have the right to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it.
- Have their Personal Data deleted or otherwise removed. Users have the right to obtain the erasure of their Data from the Owner.
- Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance.
- Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.
Users are also entitled to learn about the legal basis for Data transfers abroad including to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data.
Details about the right to object to processing
Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.
Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time, free of charge and without providing any justification. Where the User objects to processing for direct marketing purposes, the Personal Data will no longer be processed for such purposes. To learn whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.
How to exercise these rights
Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. Such requests are free of charge and will be answered by the Owner as early as possible and always within one month, providing Users with the information required by law. Any rectification or erasure of Personal Data or restriction of processing will be communicated by the Owner to each recipient, if any, to whom the Personal Data has been disclosed unless this proves impossible or involves disproportionate effort. At the Users’ request, the Owner will inform them about those recipients.
Further information for Users in Switzerland
This section applies to Users in Switzerland, and, for such Users, supersedes any other possibly divergent or conflicting information contained in the privacy policy.
Further details regarding the categories of Data processed, the purposes of processing, the categories of recipients of the personal data, if any, the retention period and further information about Personal Data can be found in the section titled “Detailed information on the processing of Personal Data” within this document.
The rights of Users according to the Swiss Federal Act on Data Protection
Users may exercise certain rights regarding their Data within the limits of law, including the following:
- right of access to Personal Data;
- right to object to the processing of their Personal Data (which also allows Users to demand that processing of Personal Data be restricted, Personal Data be deleted or destroyed, specific disclosures of Personal Data to third parties be prohibited);
- right to receive their Personal Data and have it transferred to another controller (data portability);
- right to ask for incorrect Personal Data to be corrected.
How to exercise these rights
Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. Such requests are free of charge and will be answered by the Owner as early as possible, providing Users with the information required by law.
Further information for Users in Brazil
This section of the document integrates with and supplements the information contained in the rest of the privacy policy and is provided by the entity running this Application and, if the case may be, its parent, subsidiaries and affiliates (for the purposes of this section referred to collectively as “we”, “us”, “our”).
This section applies to all Users in Brazil (Users are referred to below, simply as “you”, “your”, “yours”), according to the "Lei Geral de Proteção de Dados" (the "LGPD"), and for such Users, it supersedes any other possibly divergent or conflicting information contained in the privacy policy.
This part of the document uses the term “personal information“ as it is defined in the LGPD.
The grounds on which we process your personal information
We can process your personal information solely if we have a legal basis for such processing. Legal bases are as follows:
- your consent to the relevant processing activities;
- compliance with a legal or regulatory obligation that lies with us;
- the carrying out of public policies provided in laws or regulations or based on contracts, agreements and similar legal instruments;
- studies conducted by research entities, preferably carried out on anonymized personal information;
- the carrying out of a contract and its preliminary procedures, in cases where you are a party to said contract;
- the exercising of our rights in judicial, administrative or arbitration procedures;
- protection or physical safety of yourself or a third party;
- the protection of health – in procedures carried out by health entities or professionals;
- our legitimate interests, provided that your fundamental rights and liberties do not prevail over such interests; and
- credit protection.
To find out more about the legal bases, you can contact us at any time using the contact details provided in this document.
Categories of personal information processed
To find out what categories of your personal information are processed, you can read the section titled “Detailed information on the processing of Personal Data” within this document.
Why we process your personal information
To find out why we process your personal information, you can read the sections titled “Detailed information on the processing of Personal Data” and “The purposes of processing” within this document.
Your Brazilian privacy rights, how to file a request and our response to your requests
Your Brazilian privacy rights
You have the right to:
- obtain confirmation of the existence of processing activities on your personal information;
- access to your personal information;
- have incomplete, inaccurate or outdated personal information rectified;
- obtain the anonymization, blocking or elimination of your unnecessary or excessive personal information, or of information that is not being processed in compliance with the LGPD;
- obtain information on the possibility to provide or deny your consent and the consequences thereof;
- obtain information about the third parties with whom we share your personal information;
- obtain, upon your express request, the portability of your personal information (except for anonymized information) to another service or product provider, provided that our commercial and industrial secrets are safeguarded;
- obtain the deletion of your personal information being processed if the processing was based upon your consent, unless one or more exceptions provided for in art. 16 of the LGPD apply;
- revoke your consent at any time;
- lodge a complaint related to your personal information with the ANPD (the National Data Protection Authority) or with consumer protection bodies;
- oppose a processing activity in cases where the processing is not carried out in compliance with the provisions of the law;
- request clear and adequate information regarding the criteria and procedures used for an automated decision; and
- request the review of decisions made solely on the basis of the automated processing of your personal information, which affect your interests. These include decisions to define your personal, professional, consumer and credit profile, or aspects of your personality.
You will never be discriminated against, or otherwise suffer any sort of detriment, if you exercise your rights.
How to file your request
You can file your express request to exercise your rights free from any charge, at any time, by using the contact details provided in this document, or via your legal representative.
How and when we will respond to your request
We will strive to promptly respond to your requests.
In any case, should it be impossible for us to do so, we’ll make sure to communicate to you the factual or legal reasons that prevent us from immediately, or otherwise ever, complying with your requests. In cases where we are not processing your personal information, we will indicate to you the physical or legal person to whom you should address your requests, if we are in the position to do so.
In the event that you file an access or personal information processing confirmation request, please make sure that you specify whether you’d like your personal information to be delivered in electronic or printed form.
You will also need to let us know whether you want us to answer your request immediately, in which case we will answer in a simplified fashion, or if you need a complete disclosure instead.
In the latter case, we’ll respond within 15 days from the time of your request, providing you with all the information on the origin of your personal information, confirmation on whether or not records exist, any criteria used for the processing and the purposes of the processing, while safeguarding our commercial and industrial secrets.
In the event that you file a rectification, deletion, anonymization or personal information blocking request, we will make sure to immediately communicate your request to other parties with whom we have shared your personal information in order to enable such third parties to also comply with your request — except in cases where such communication is proven impossible or involves disproportionate effort on our side.
Transfer of personal information outside of Brazil permitted by the law
We are allowed to transfer your personal information outside of the Brazilian territory in the following cases:
- when the transfer is necessary for international legal cooperation between public intelligence, investigation and prosecution bodies, according to the legal means provided by the international law;
- when the transfer is necessary to protect your life or physical security or those of a third party;
- when the transfer is authorized by the ANPD;
- when the transfer results from a commitment undertaken in an international cooperation agreement;
- when the transfer is necessary for the execution of a public policy or legal attribution of public service;
- when the transfer is necessary for compliance with a legal or regulatory obligation, the carrying out of a contract or preliminary procedures related to a contract, or the regular exercise of rights in judicial, administrative or arbitration procedures.
Further information for Users in the United States
This part of the document integrates with and supplements the information contained in the rest of the privacy policy and is provided by the business running this Application and, if the case may be, its parent, subsidiaries and affiliates (for the purposes of this section referred to collectively as “we”, “us”, “our”).
The information contained in this section applies to all Users (Users are referred to below, simply as “you”, “your”, “yours”), who are residents in the following states: California, Virginia, Colorado, Connecticut, Utah, Texas, Oregon, Nevada, Delaware, Iowa, New Hampshire, New Jersey, Nebraska and Montana.
For such Users, this information supersedes any other possibly divergent or conflicting provisions contained in the privacy policy.
This part of the document uses the term Personal Information (and Sensitive Personal Information).
Notice at collection
The following Notice at collection provides you with timely notice about the categories of Personal Information collected or disclosed in the past 12 months so that you can exercise meaningful control over our use of that Information.
While such categorization of Personal Information is mainly based on California privacy laws, it can also be helpful for anyone who is not a California resident to get a general idea of what types of Personal Information are collected.
-
Internet or other electronic network activity information
Personal Information collected or disclosed: Cookies, Usage Data, Trackers, Tracker, device information, shopping history, unique device identifiers for advertising (Google Advertiser ID or IDFA, for example), various types of Data, email address, various types of Data as specified in the privacy policy of the service, Data communicated while using the service, phone number, first name, last name, gender, date of birth, country, device logs, Universally unique identifier (UUID)
Purposes:
- Analytics
- Interaction with external social networks and platforms
- Remarketing and behavioral targeting
- Advertising
- Content commenting
- Tag Management
- Further information about Personal Data
- Handling payments
- Content performance and features testing (A/B testing)
- Interaction with online survey platforms
- Managing landing and invitation pages
- Platform services and hosting
- Social features
- Heat mapping and session recording
- RSS feed management
- Registration and authentication
- Hosting and backend infrastructure
- Displaying content from external platforms
- User database management
- Managing support and contact requests
- Commercial affiliation
- Infrastructure monitoring
- Traffic optimization and distribution
- Beta Testing
- Interaction with live chat platforms
- Interaction with data collection platforms and other third parties
Retention period: for the time necessary to fulfill the purpose
Sold or Shared ℹ️: Yes
Targeted Advertising: ℹ️: Yes
Third-parties: Google Inc., Facebook, Inc., Pinterest, AdRoll, Inc., Twitter, Inc., reddit inc., Disqus, Microsoft Corporation, Yahoo! Inc., Authorize.Net, PayPal Inc., SurveyMonkey Inc., Instapage, Inc., Automattic Inc., Hotjar Ltd., Criteo SA, Google LLC, Outbrain Inc., Taboola Inc., Oath Inc., Amazon, Quantcast Corporation, Amazon Web Services, Inc., Apple Inc., iubenda srl, Salesforce.com, inc., ShareAsale.com Inc., Wingify, Fonticons, Inc. , New Relic, Sucuri, Inc., Functional Software, Inc. , Pinterest, Inc., Sizmek Inc., Bounce Exchange, Inc
Service providers or contractors: This Application, this Application
-
Identifiers
Personal Information collected or disclosed: Tracker, Usage Data, device information, shopping history, unique device identifiers for advertising (Google Advertiser ID or IDFA, for example), various types of Data, Cookies, email address, various types of Data as specified in the privacy policy of the service, first name, last name, gender, phone number, address, country, state, ZIP/Postal code, city, date of birth, Data communicated while using the service, device logs, Universally unique identifier (UUID), Trackers, billing address, shipping address
Sensitive Personal Information collected or disclosed ℹ️: payment info
Purposes:
- Remarketing and behavioral targeting
- Managing contacts and sending messages
- Analytics
- Contacting the User
- Managing landing and invitation pages
- Advertising
- Handling payments
- Managing data collection and online surveys
- Beta Testing
Retention period: for the time necessary to fulfill the purpose
Sold or Shared ℹ️: Yes
Targeted Advertising: ℹ️: Yes
Third-parties: AdRoll, Inc., Twitter, Inc., Facebook, Inc., The Rocket Science Group, LLC., Google Inc., Instapage, Inc., PayPal Inc., Google LLC, Pinterest, Inc., Outbrain Inc., TikTok Inc.
Service providers or contractors: This Application, this Application
-
Commercial information
Personal Information collected or disclosed: Tracker, Usage Data, device information, shopping history, unique device identifiers for advertising (Google Advertiser ID or IDFA, for example), various types of Data, first name, last name, email address, billing address, shipping address
Sensitive Personal Information collected or disclosed ℹ️: payment info
Purposes:
- Remarketing and behavioral targeting
- Handling payments
Retention period: for the time necessary to fulfill the purpose
Sold or Shared ℹ️: Yes
Targeted Advertising: ℹ️: Yes
Third-parties: AdRoll, Inc., Google LLC
-
Biometric information
Personal Information collected or disclosed: first name, last name, gender, phone number, address, country, state, email address, ZIP/Postal code, city, Cookies, Usage Data, date of birth, various types of Data as specified in the privacy policy of the service, Data communicated while using the service, device logs, device information
Purposes:
- Contacting the User
- Beta Testing
Retention period: for the time necessary to fulfill the purpose
Sold or Shared ℹ️: Yes
Targeted Advertising: ℹ️: Yes
Third-parties: Google LLC
Service providers or contractors: This Application
ℹ️ You can read the definitions of these concepts inside the “Definitions and legal references section” of the privacy policy.
To know more about your rights in particular to opt out of certain processing activities and to limit the use of your sensitive personal information (“Limit the Use of My Sensitive Personal Information”) you can refer to the “Your privacy rights under US state laws” section of our privacy policy.
For more details on the collection of Personal Information, please read the section “Detailed information on the processing of Personal Data” of our privacy policy.
We won’t process your Information for unexpected purposes, or for purposes that are not reasonably necessary to and compatible with the purposes originally disclosed, without your consent.
What are the sources of the Personal Information we collect?
We collect the above-mentioned categories of Personal Information, either directly or indirectly, from you when you use this Application.
For example, you directly provide your Personal Information when you submit requests via any forms on this Application. You also provide Personal Information indirectly when you navigate this Application, as Personal Information about you is automatically observed and collected.
Finally, we may collect your Personal Information from third parties that work with us in connection with the Service or with the functioning of this Application and features thereof.
Your privacy rights under US state laws
You may exercise certain rights regarding your Personal Information. In particular, to the extent permitted by applicable law, you have:
- the right to access Personal Information: the right to know. You have the right to request that we confirm whether or not we are processing your Personal Information. You also have the right to access such Personal Information;
- the right to correct inaccurate Personal Information. You have the right to request that we correct any inaccurate Personal Information we maintain about you;
- the right to request the deletion of your Personal Information. You have the right to request that we delete any of your Personal Information;
- the right to obtain a copy of your Personal Information. We will provide your Personal Information in a portable and usable format that allows you to transfer data easily to another entity – provided that this is technically feasible;
- the right to opt out from the Sale of your Personal Information; We will not discriminate against you for exercising your privacy rights.
- the right to non-discrimination.
Additional rights for Users residing in California
In addition to the rights listed above common to all Users in the United States, as a User residing in California, you have
- The right to opt out of the Sharing of your Personal Information for cross-context behavioral advertising;
- The right to request to limit our use or disclosure of your Sensitive Personal Information to only that which is necessary to perform the services or provide the goods, as is reasonably expected by an average consumer. Please note that certain exceptions outlined in the law may apply, such as, when the collection and processing of Sensitive Personal Information is necessary to verify or maintain the quality or safety of our service.
Additional rights for Users residing in Virginia, Colorado, Connecticut, Texas, Oregon, Nevada, Delaware, Iowa, New Hampshire, New Jersey, Nebraska and Montana
In addition to the rights listed above common to all Users in the United States, as a User residing in Virginia, Colorado, Connecticut, Texas, Oregon, Nevada, Delaware, Iowa, New Hampshire, New Jersey, Nebraska and Montana you have
- The right to opt out of the processing of your personal information for Targeted Advertising or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you;
- The right to freely give, deny or withdraw your consent for the processing of your Sensitive Personal Information. Please note that certain exceptions outlined in the law may apply, such as, but not limited to, when the collection and processing of Sensitive Personal Information is necessary for the provision of a product or service specifically requested by the consumer.
Additional rights for users residing in Utah and Iowa
In addition to the rights listed above common to all Users in the United States, as a User residing in Utah and Iowa, you have
- The right to opt out of the processing of your Personal Information for Targeted Advertising;
- The right to opt out of the processing of your Sensitive Personal Information. Please note that certain exceptions outlined in the law may apply, such as, but not limited to, when the collection and processing of Sensitive Personal Information is necessary for the provision of a product or service specifically requested by the consumer.
How to exercise your privacy rights under US state laws
To exercise the rights described above, you need to submit your request to us by contacting us via the contact details provided in this document.
For us to respond to your request, we must know who you are. We will not respond to any request if we are unable to verify your identity and therefore confirm the Personal Information in our possession relates to you. You are not required to create an account with us to submit your request. We will use any Personal Information collected from you in connection with the verification of your request solely for verification and shall not further disclose the Personal Information, retain it longer than necessary for purposes of verification, or use it for unrelated purposes.
If you are an adult, you can make a request on behalf of a child under your parental authority.
How to exercise your rights to opt out
In addition to what is stated above, to exercise your right to opt-out of Sale or Sharing and Targeted Advertising you can also use the privacy choices link provided on this Application.
If you want to submit requests to opt out of Sale or Sharing and Targeted Advertising activities via a user-enabled global privacy control, such as for example the Global Privacy Control (“GPC”), you are free to do so and we will abide by such request in a frictionless manner.
How and when we are expected to handle your request
We will respond to your request without undue delay, but in all cases within the timeframe required by applicable law. Should we need more time, we will explain to you the reasons why, and how much more time we need.
Should we deny your request, we will explain to you the reasons behind our denial (where envisaged by applicable law you may then contact the relevant authority to submit a complaint).
We do not charge a fee to process or respond to your request unless such request is manifestly unfounded or excessive and in all other cases where it is permitted by the applicable law. In such cases, we may charge a reasonable fee or refuse to act on the request. In either case, we will communicate our choices and explain the reasons behind them.
Additional information about Data collection and processing
Legal action
The User's Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of this Application or the related Services.
The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities.
Additional information about User's Personal Data
In addition to the information contained in this privacy policy, this Application may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request.
System logs and maintenance
For operation and maintenance purposes, this Application and any third-party services may collect files that record interaction with this Application (System logs) or use other Personal Data (such as the IP Address) for this purpose.
Information not contained in this policy
More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document.
Changes to this privacy policy
The Owner reserves the right to make changes to this privacy policy at any time by notifying its Users on this page and possibly within this Application and/or - as far as technically and legally feasible - sending a notice to Users via any contact information available to the Owner. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom.
Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required.
Definitions and legal references
Personal Data (or Data) / Personal Information (or Information)
Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.
Sensitive Personal Information
Sensitive Personal Information means any Personal Information that is not publicly available and reveals information considered sensitive according to the applicable privacy law.
Usage Data
Information collected automatically through this Application (or third-party services employed in this Application), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Application, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.
User
The individual using this Application who, unless otherwise specified, coincides with the Data Subject.
Data Subject
The natural person to whom the Personal Data refers.
Data Processor (or Processor)
The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.
Data Controller (or Owner)
The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of this Application. The Data Controller, unless otherwise specified, is the Owner of this Application.
This Application
The means by which the Personal Data of the User is collected and processed.
Service
The service provided by this Application as described in the relative terms (if available) and on this site/application.
Sale
Sale means any exchange of Personal Information by the Owner to a third party, for monetary or other valuable consideration, as defined by the applicable privacy US state law. Please note that the exchange of Personal Information with a service provider pursuant to a written contract that meets the requirements set by the applicable law, does not constitute a Sale of your Personal Information.
Sharing
Sharing means any sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's Personal Information by the business to a third party for cross-context behavioral advertising, whether for monetary or other valuable consideration, including transactions between a business and a third party for cross-context behavioral advertising for the benefit of a business in which no money is exchanged, as defined by the California privacy laws. Please note that the exchange of Personal Information with a service provider pursuant to a written contract that meets the requirements set by the California privacy laws, does not constitute sharing of your Personal Information.
Targeted advertising
Targeted advertising means displaying advertisements to a consumer where the advertisement is selected based on Personal Information obtained from that consumer’s activities over time and across nonaffiliated websites or online applications to predict such consumer’s preferences or interests, as defined by the applicable privacy US state law.
European Union (or EU)
Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.
Cookie
Cookies are Trackers consisting of small sets of data stored in the User's browser.
Tracker
Tracker indicates any technology - e.g Cookies, unique identifiers, web beacons, embedded scripts, e-tags and fingerprinting - that enables the tracking of Users, for example by accessing or storing information on the User’s device.
Legal information
This privacy statement has been prepared based on provisions of multiple legislations.
This privacy policy relates solely to this Application, if not stated otherwise within this document.
Latest update: October 24, 2024
Disclaimer
Website Contents
Automated Pet Care Products, LLC., (“Whisker”) strives to provide only the most accurate information on this website. However, no representation is made that the information on this site is always the latest available. The visitor is responsible for verifying the accuracy of any information on which he or she intends to rely.
Whisker reserves the right to change product features, descriptions, and performance displayed on this website, and the terms and conditions under which the products are offered, at any time and without prior notice.
Newsletter
Whisker may contact you with an electronic copy of our newsletter within 90 days of placing an order at which time you will be given the choice to opt out of any further solicitation from us.
Although every effort is made to review the Litter-Robot™ website carefully for typographical and other errors, please be aware that there may be such errors in this site. We advise that you verify information upon which you intend to place any sort of reliance before acting.
This website may contain notices about copyright and proprietary information. Please take note of these notices and comply with them.
External Websites
This website contains links to 'external' sites. These sites were not created by Whisker, and we cannot be held responsible for their content, nor should the existence of a link imply any form of endorsement of the site, its content, or the party sponsoring it. The links are provided for the convenience of the visitors to the Litter-Robot™ site only.
Terms & Conditions
Last updated: November 30, 2023
PLEASE READ THESE TERMS AND CONDITIONS TOGETHER WITH ANY AND ALL OTHER AGREEMENTS, TERMS, CONDITIONS, AND POLICIES REFERENCED HEREIN CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS OF OUR LIABILITY AND LIMITATIONS AND WAIVERS OF YOUR RIGHTS AND REMEDIES.
THESE TERMS AND CONDITIONS (this “Agreement”) constitute a binding legal agreement between you (“you”, “your”, “yourself”, and words of like meaning) and Automated Pet Care Products, LLC d.b.a. Whisker ("Whisker" or "Company" and words of like meaning) and sets out the terms and conditions that apply to your access and use of this website and/or mobile application and/or any other related websites, applications, features, widgets, social media accounts, and/or online services (collectively, the “Websites”). The Websites are owned and operated by Whisker and made available to you subject to your compliance with the terms and conditions of this Agreement. For information about how Whisker collects, uses, and shares personal information, please review our Privacy Policy. This Agreement must be read in conjunction with our Privacy Policy, which is incorporated into by reference and forms an integral part of this Agreement. Please read this Agreement together with our Privacy Policy in its entirety carefully, as it contains important information about your legal rights, remedies, and obligations, and be sure to occasionally check back from time to time for updates, amendments, and modifications.
Whisker reserves the right (in its sole discretion) to amend, restate, replace, supplement, or otherwise modify this Agreement at any time and from time to time, including to respond to any changes to internet technology or Applicable Law. Unless Whisker obtains your express consent, any revisions to the Privacy Policy will apply only to information collected by Whisker after such revisions take effect, and not to information collected under any earlier versions of the Privacy Policy. You should review this Agreement regularly for any such amendments, restatements, replacements, supplements, or modifications. By accessing or using the Websites (or any portion thereof) after any such amendments, restatements, replacements, supplements, or modifications, you agree to be bound by, and comply with, this Agreement, as so amended, restated, replaced, supplemented, or modified. If any such amendment, restatement, replacement, supplement, or modification is not acceptable to you, you must immediately cease accessing and using the Websites.
BY ACCESSING AND USING THE WEBSITES (OR ANY PORTION THEREOF) IN ANY MANNER WHATSOEVER YOU: (A) REPRESENT AND WARRANT TO AND IN FAVOUR OF WHISKER THAT: (I) YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; AND (II) YOU HAVE THE AUTHORITY TO ENTER INTO AND BE LEGALLY BOUND BY THIS AGREEMENT AND TO GRANT US ALL PERMISSIONS AND LICENCES PROVIDED IN THIS AGREEMENT; AND (B) COVENANT AND AGREE THAT YOU FREELY ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND BY AND COMPLY WITH ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS OR USE THE WEBSITES (OR ANY PORTION THEREOF) AND YOU SHOULD NOT AGREE TO THIS AGREEMENT. IF YOU NOTICE ANY ERRORS IN THIS AGREEMENT YOU SHOULD NOT AGREE TO THIS AGREEMENT AND NOTIFY US OF SUCH ERRORS VIA EMAIL AT SUPPORT@WHISKER.COM.
- The Websites.
- Licence. Subject to your compliance with the terms, restrictions, and conditions of this Agreement, Whisker grants you a personal, non-exclusive, non-sublicensable, non-transferrable, revocable as stated in this Agreement, licence to access and use the Websites for your own personal, household, non-commercial use (the “Licence”). All rights and licences not so expressly granted are expressly reserved by Whisker. You may access and use the Websites (in whole or in part) only in accordance with the terms, restrictions and conditions and Applicable Law. No part of the Websites or any Content may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior express written consent of Whisker. Unless and only to the extent otherwise expressly stated in this Agreement, this Agreement grants you no rights to the intellectual property of Whisker or any other Person. The Licence is conditioned on your compliance with this Agreement and will immediately terminate if you have breached any provision of this Agreement.
- WHISKER PARTIES. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WHISKER AFFILIATES AND WHISKER AND ITS AFFILIATES’ RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, CONSULTANTS, AGENTS, PROFESSIONAL ADVISORS, REPRESENTATIVES, LICENSORS, AND SUPPLIERS AND ALL THIRD-PARTY PAYMENT PROCESSORS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (EACH, A “WHISKER PARTY”) ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS AGREEMENT.
- Content. The Websites contain content provided by Whisker and third parties, including the following:
- information related to the products and services of Whisker and certain third parties, including product descriptions, features and specifications as well as pricing, fees, charges, shipping details, and payment terms;
- information, data, text, editorial content, literary works, personal profiles, articles, publications, written materials, events;
- pictures, logos, designs, graphics, images, photographs, artwork, and other artistic works;
- musical works, performances, and other sounds;
- videos and audio-visual works; and
- selections, arrangements, compilations, modifications, and enhancements of any of the foregoing.
The foregoing is collectively referred to herein as the “Content”.
- Firmware
- Firmware Updates. Whisker will automatically download and install updates to your product’s firmware - which may include new features or updates to existing features. If you do not want such updates, you must terminate your Account with us and stop using the service.
- Restrictions on Access and Use of the Websites and Content
- Eligibility. By accessing or using the Websites (or any portion thereof), including by doing so after accessing this Agreement, you represent and warrant that:
- you are at least 18 years old and are otherwise legally qualified to enter into and form contracts under Applicable Law in the jurisdiction of your residence; and
- if you are accessing or using the Websites (or any portion thereof) for or on behalf of any person, including any individual, corporation, partnership, association, trust, or any other entity (each, a “Person”), you further represent and warrant that you are authorized to act and enter into contracts on behalf of that Person.
- Restrictions on Access and Use of the Websites and Content. You agree to use the Websites, Content and Licence only as expressly set out in and permitted by this Agreement. Without limiting the generality of the foregoing, unless and only to the extent otherwise expressly permitted by this Agreement or in writing by Whisker, you will not, on your own or with any other Person, directly or indirectly:
- provide false, misleading, or inaccurate information to Whisker or any other Person in connection with the Websites;
- create additional accounts to promote your or any other Person’s business or cause or enable others to do so;
- pay anyone for interactions on the Websites (or any portion thereof);
- modify or change the placement and location of any advertisement posted through the Websites (or any portion thereof);
- harvest or otherwise collect information about users, including personal information;
- unless and lonely to the extent otherwise expressly agreed to in writing by Whisker, use or attempt to use any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Websites;
- access or use the Websites, Content or any other Whisker Property (in whole or in part) in any way or for any purpose that violates Applicable Law or any of the terms and conditions of this Agreement or is not expressly permitted by this Agreement;
- access or use the Websites, Content or any other Whisker Property (in whole or in part) for any purpose that violates the rights of Whisker or any other Person;
- access or use any portion of the Websites or any other Whisker Property that is not expressly authorized by Whisker for use by you;
- access or use any content or data not intended for you or log into a server or account that you are not authorized to access;
- impersonate or otherwise misrepresent affiliation, connection, or association with Whisker or any other Person or access or use the Websites (in whole or in part) for any purpose or in any manner that falsely implies the endorsement of you by Whisker, a partnership with Whisker, or otherwise misleads others as to your affiliation or relationship with Whisker;
- exploit the Websites, Content or any other Whisker Property (in whole or in part), including by trespass or burdening network capacity;
- reproduce the Websites, Content or any other Whisker Property (in whole or in part) in any form or by any means;
- make available, distribute, display, post, disseminate, publish, republish, transmit, re-transmit, communicate to the public, or broadcast the Websites, Content or any Whisker Property (in whole or in part);
- permit any other Person to use the Websites, Content or Licence or any other Whisker Property (in whole or in part) or re-licence or sublicence any of the foregoing (in whole or in part) to any Person;
- use the Websites (in whole or in part) in the operation of a service bureau or process or permit to be processed the information or data of any Person;
- copy, store, or otherwise access or use any information, including personal information of any Person (other than you) contained on or accessible by way of the Websites in any way that is inconsistent with this Agreement or that otherwise violates Applicable Law or the privacy rights of any Person;
- use the Websites (or any portion thereof) in connection with the transmission or distribution of unsolicited commercial electronic message in violation of Applicable Law;
- integrate any software with the Websites or any software associated with the Websites or any other Whisker Property (in whole or in part);
- modify, copy, duplicate, virtualize, mirror, create derivative works of, reverse engineer, decompile, disassemble, translate or otherwise reduce to a human-perceivable form or otherwise exploit the Websites, Content or any other Whisker Property (in whole or in part), the Websites’ architecture, layout, or design, any associated web page or form contained thereon, any associated templates, software, or source code, or any other Whisker Property (in whole or in part), including make use of any data schemas or dictionaries, or attempt to do any of the foregoing or allow or enable any Person to do the same;
- modify software or any other technological mechanism for measuring the number of impressions generated by individual content and/or the Websites (or any portion thereof) to determine and/or audit advertising revenues and payments, if applicable, or any attempt to do any of the foregoing or allow or enable any Person to do the same;
- scrape, whether by way of screen scraping or database scraping, the Websites (in whole or in part) or use any robot, spider, or crawler or otherwise interact with the Websites or engage in any other activity intended to collect, store, reorganize, summarize, or manipulate any Whisker Property (in whole or in part), whether by automatic or manual programs, means, or processes;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Whisker or any Person for or on behalf of Whisker to protect the Websites or any other Whisker Property;
- attempt to probe, scan, or test the vulnerability of the Websites or any associated system or network (or any portion thereof) or breach security or authentication measures without proper authorization;
- interfere or attempt to interfere with the use of the Websites, Content or any other Whisker Property (or any portion thereof) by any other user, host, or network, including by submitting malware or exploiting software vulnerabilities;
- forge, modify, or falsify any network packet or protocol header or metadata in any connection with, or transmission to, the Websites (or any portion thereof) (e.g., SMTP email headers, HTTP headers, or Internet Protocol packet headers);
- take any action that damages or adversely affects or could damage or adversely affect the performance or proper functioning of the Websites or any associated software;
- sell, licence, sublicence, transfer, rent, lease, loan, or engage in any other commercial transaction relating to the Websites, Content or any other Whisker Property (in whole or in part) or any reproduction of all or any portion thereof in any medium;
- dilute, tarnish, or otherwise harm Whisker brand or reputation in any way, including through unauthorized use of the Websites or Content (in whole or in part), registering or using any Whisker Marks or derivative terms in domain names, trade names, trademarks, or other source identifiers, or registering or using domain names, trade names, trademarks, or other source identifiers that closely imitate or are confusingly similar to any Whisker Marks or Whisker domains, taglines, promotional campaigns, or any other Whisker Property;
- violate or infringe any Person’s rights (including intellectual property rights) or otherwise cause harm, injury, illness, or death to any Person or any losses to any tangible or intangible property; or
- bid on or register search engine keywords, Google Ads or Google AdWords, search terms or other identifying terms or domain names that include any Whisker Marks, domains, taglines, promotional campaigns, or any other Whisker Property (in whole or in part) or any variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service.
You acknowledge and agree that any violation of this Section 2(b) may subject you to civil and/or criminal liability.
- Compliance with Applicable Law. You acknowledge and agree that you are solely responsible and liable for compliance with any and all domestic and foreign laws, rules, statutes, subordinate legislation, regulations, by-laws, orders, ordinance, protocols, codes, guidelines, treaties, policies, notices, directions, or judicial, arbitral, administrative, ministerial, or departmental judgments, awards, decrees, treaties, directives, or other requirements or guidelines published or in force at any time that apply to this Agreement, the Websites, the Content, Your Content, or either party or is otherwise intended to govern or regulate any Person, property, transaction, activity, event, or other matter in connection therewith, including any and all rules, orders, judgments, directives, or other requirements or guidelines issued by any governmental or regulatory authority in any jurisdiction and any and all tax obligations that may apply to your use of the Websites (or any portion thereof). (“Applicable Law”). You will not breach or circumvent any Applicable Law or this Agreement.
- Other Restrictions. Whisker may make your access to and use of the Websites or certain areas or features of the Websites subject to additional and/or separate policies, requirements, standards, or guidelines or your acceptance of and agreement to additional terms, restrictions, and conditions, including your proper completion of verification processes or that you meet specific quality or eligibility criteria, or your user history. If there is a conflict or inconsistency between the terms and conditions of this Agreement and the terms and conditions applicable to a specific area or feature of the Websites, the latter terms and conditions will take precedence to the extent necessary to resolve any such conflict or inconsistency with respect to your access to or use of that area or feature, unless and only to the extent otherwise specified in the latter terms and conditions.
- Non-Commercial Use. You understand, acknowledge, and agree that:
- your access and use of the Websites and/or Content (or any portion thereof) is for your own personal, household, non-commercial use only; and
- the Websites, Content and any and all products and services of Whisker and its affiliates and their respective agents and trading partners may not be accessed, used, reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior express written consent of Whisker.
- Prohibition on Resale by Unauthorized Distributors and Resellers. By accessing and using the Websites (or any portion thereof), you represent and warrant to and in favour of Whisker that:
- your purchase of any products and services from Whisker, including through the Websites, are for your own personal, non-commercial use only;
- you will not distribute or resell any Whisker product or services in new condition, including by way of any online marketplace, including on Amazon.com or eBay.com and other marketplaces;
- you will not make any false claims of affiliation with or endorsement by Whisker;
- you will not advertise or sell any Whisker products or services, including with an altered or removed serial number or UPC code;
- you understand, acknowledge, and agree that any unauthorized distribution or resale of any Whisker products or services, including as described in this Agreement, will immediately void any and all warranties associated with such Whisker products and services; and
- you will not run any advertising for any Whisker products or services (including the LITTER-ROBOT™ unit) on any paid search or media platform.
You further acknowledge and agree that any violation of this Section 2(f) will constitute a material breach of this Agreement. Subject to and without waiving the provisions of this Section 2(f), nothing herein will prohibit sales by Authorized Distributors or prohibit lawful resale of used Whisker products by a bona fide purchaser (e.g., at garage sales or through online classifieds).
- Authorized Distributors and Resellers. To protect customers and its own intellectual property, including its brand and goodwill, Whisker products and services are only available for purchase through Whisker directly or its authorized distributors and retailers. Whisker authorized distributors bear one of the following designations:
- “Exclusive Distributors” that are exclusively certified to sell and service in a specific geographic region (e.g., Europe);
- “Authorized Distributors” that are certified to sell and service in a specific geographic region, but not exclusively;
- “Authorized Sales Agents” that are certified only to sell in a specific geographic region; and
- “Local Distribution Partners” that are certified only to sell in a specific geographic region.
For purposes of this Agreement, Exclusive Distributors, Authorized Distributors, Authorized Sales Agents, and Local Distribution Partners are collectively referred to herein as “Authorized Distributors”. In order to become an Authorized Distributor or an authorized reseller or retailer of Whisker products or services, you or the Person you represent will be required to enter into such contracts, agreements, documents, and instruments as Whisker may require in its sole discretion (each, a “Reseller Agreement”). In the event of any conflict or inconsistency between a Reseller Agreement and this Agreement, the terms, restrictions, and conditions of such Reseller Agreement will govern and control to the extent necessary to resolve any such conflict or inconsistency. If you are, or the Person you represent is, either interested in becoming an Authorized Distributor or a reseller or retailer of Whisker products or services, please contact us via email at support@whisker.com.
- Maintenance, Upgrades, and Availability. Whisker may restrict the availability of the Websites or certain areas or features thereof (in whole or in part) as Whisker may determine in its sole discretion is necessary or desirable, including in view of capacity limits, the security or integrity of the Websites (or any portion thereof), our servers, third-party servers or capabilities, or to carry out maintenance measures that ensure the proper or improved functioning of the Websites. Whisker may improve, enhance, and/or modify the Websites (in whole or in part) and introduce new products and services at any time and from time to time.
- Third-Party Content. The Websites (or any portion thereof) may be linked with or to the websites, mobile applications or social media accounts of third parties, including related content, such as opinions, advice, statements, information, software, and products and services (“Third-Party Content”). Some of these third parties may or may not have established relationships with Whisker. Whisker does not have control over Third-Party Content, including the suitability or performance thereof. Whisker has not reviewed, and cannot control, any Third-Party Content. Accordingly, Whisker does not represent, warrant, or endorse any Third-Party Content, or the accuracy, currency, content, fitness, lawfulness, or quality thereof. You acknowledge and agree that:
- the applicable third-party authors are solely responsible and liable for Third-Party Content;
- Whisker does not: (A) guarantee the accuracy, completeness, or usefulness of any Third-Party Content; or (B) adopt, endorse, or accept responsibility for the accuracy or reliability of any Third-Party Content, including for greater certainty any opinion, advice, or statement made by any third-party by way of or through the Websites (or any portion thereof); and
- under no circumstances will Whisker be responsible for and Whisker expressly disclaims and you agree to assume, any and all responsibility and liability for any Claims or Losses, whether to you or to third parties, resulting from your use of or reliance on any Third-Party Content.
- Third-Party Features. You acknowledge and agree that Whisker may from time to time enable features that allow you to authorize certain third-party service providers to take certain actions that affect your User Account. These features will not require that you share your User Account credentials with any other Person. No Person (other than you) is authorized to ask for your credentials.
- Third-Party Interactions. In connection with your access and use of the Websites, you may enter into correspondence with or purchase or participate in products or services of third parties (“Third-Party Services”). You acknowledge and agree that third-party service providers may require your agreement to additional or different terms and conditions prior to your use of or access to Third-Party Services and any such activity and any terms and conditions in connection therewith is solely between you and the applicable third-party service provider.
- Monitoring. You acknowledge and agree that Whisker has the right, but no obligation whatsoever, to monitor your access to or use of the Websites and to review, edit, remove, and/or disable your access to any content on the Websites, including Your Content. You agree to cooperate with and assist Whisker in good faith and provide Whisker with such information and take such actions as may be reasonably requested by Whisker with respect to any investigation undertaken by Whisker regarding the use or abuse of the Websites (in whole or in part).
- Eligibility. By accessing or using the Websites (or any portion thereof), including by doing so after accessing this Agreement, you represent and warrant that:
- User Accounts.
- Restrictions on Accounts. In order to register, access, and use a User Account, you must be at least 18 years old and you must be able to enter into legally binding contracts in the jurisdiction of your residence.
- User Account. To access and use certain portions of the Websites and/or certain Whisker products and services, or to place an order or enter into a subscription plan, you may be asked or required to create a user account (“User Account”) and to provide personal information. You can register for your User Account by way of the Websites. You must provide valid, accurate, current, and complete inputs and information during the process of registering your User Account and keep your User Account information valid, accurate, current, and complete at all times. By creating your User Account, you reaffirm to and in favour of Whisker that you have the authority to enter into and be legally bound by this Agreement and to grant us all permissions and licences provided in this Agreement. You may not register more than one (1) User Account unless Whisker authorizes you to do so in writing. You may not assign or otherwise transfer your User Account to any Person without the express written consent of Whisker. You have the ability to cancel your User Account at any time by notifying us via email to support@whisker.com.
- Account Accuracy. You represent and warrant to and in favour of Whisker that all information you provide in connection with your User Account and your use of the Websites is current, complete, and accurate, and you agree that you will update that information as necessary to maintain its currency, completeness, and accuracy by updating your User Account. You agree that you will not submit any fake content (including any User Account, username, likeness, or profile) to willfully and/or credibly impersonate another Person, whether actual or fictitious. If Whisker believes, in its sole discretion, that any information you provide is not current, complete, or accurate, Whisker has the right to terminate or suspend your access to the Websites (in whole or in part) and/or your User Account and/or terminate this Agreement. For greater certainty, you must use your real name when creating a User Account or otherwise in connection with the Websites. Pseudonyms are not allowed. Any use of a pseudonym is a breach of this Agreement and cause for suspension or deletion of your User Account and/or the termination of this Agreement by Whisker.
- Account Security. When creating your User Account and from time to time thereafter, you will be asked to provide, confirm, reconfirm, update, and/or change your username, password, and possibly other information to secure your User Account. You may not use the username or password of any other Person, nor may you share your username or password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to the Websites or your User Account or the User Account of any other Person. You will control and maintain the security of all identification codes and passwords used by you in relation to the Websites and access to the Websites, including your User Account credentials, be solely responsible for all instructions, commitments, and other actions or communications taken under such identification codes or passwords, and promptly report to Whisker any errors or irregularities in the Websites (in whole or in part) or any unauthorized use of any part thereof. You agree to immediately notify Whisker via email to support@whisker.com if you know or have any reason to suspect that your User Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your User Account. You acknowledge and agree that:
- you are solely responsible and liable for maintaining the confidentiality and security of your User Account and User Account credentials, including your username and password, and you will not disclose your User Account credentials to any Person;
- you are solely responsible and liable for any and all activities conducted through your User Account;
- Whisker will not be liable for any loss that you incur because of someone else accessing or using your User Account, either with or without your knowledge; and
- you may be held liable for any losses incurred by Whisker or any Whisker Party due to someone else’s access or use of your User Account.
- Your Content. From time to time, and at its sole discretion, Whisker may authorize and allow for you to upload, post, or otherwise share content, including written, photo or other media, to the Websites (“Your Content”). You acknowledge and agree that:
- Your Content may be visible to third parties, including other users;
- You are solely responsible and liable for Your Content;
- Whisker reserves the right to remove, edit, limit, or block access to any of Your Content at any time; and
- Whisker will have no obligation whatsoever to display, review, edit, limit, block, or remove any of Your Content.
- Restrictions on Your Content. You acknowledge and agree that you will not post, upload, or otherwise share any content to the Websites (or any portion thereof) that:
- contains language or imagery that could be deemed offensive or is likely to harass, upset, embarrass, alarm, or annoy any other Person;
- is obscene, pornographic, violent, or otherwise may offend human dignity;
- is abusive, insulting, threatening, discriminatory, or which promotes or encourages racism, sexism, hatred, or bigotry;
- encourages any illegal activity, including terrorism, or incites racial hatred or the submission of which in itself constitutes committing a criminal offence;
- is defamatory or libelous;
- invades the privacy of others (e.g., doxing);
- unless and only to the extent otherwise expressly permitted by this Agreement, relates to commercial activities, including sales, competitions and advertising, or links to other websites or premium line telephone numbers;
- involves the transmission or distribution of unsolicited commercial electronic messages in violation of Applicable Law;
- contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage, limit the functionality of, or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse, or any other material designed to damage, interfere with, wrongly intercept, or expropriate any data or personal information whether from Whisker or otherwise;
- itself, or the posting of which, infringes any Person’s rights (including intellectual property rights and privacy rights); or
- shows another Person which was created or distributed without that Person’s express consent.
If you believe any content in this Website contains material that infringes your copyrighted work, please click here to review our DMCA policy and learn how to submit a takedown request or contact us via email to support@whisker.com.
- Your Licence. You are always the owner of Your Content, provided however that, by sharing Your Content to the Websites (or any portion thereof), you automatically grant Whisker a non-exclusive, royalty free, irrevocable, fully sub-licensable, perpetual, worldwide right and licence to access, use, copy, reproduce, edit, modify, adapt, display, publish, perform, translate, reformat, create derivative works from, incorporate into other works, distribute, advertise, market, promote, and/or otherwise make available (including to the general public) Your Content throughout the world in any format or media now existing, currently known, or in the future created or developed in any way without notice or compensation to you or your approval (“Your Licence”). By sharing Your Content to the Websites (or any portion thereof), you represent and warrant to and in favour of Whisker that you have all necessary rights and licences to do so and to grant Your Licence. You acknowledge and agree that Whisker may assign, transfer, or sub-licence Your Licence to any Person without notice or compensation to you or your approval. Without limiting the foregoing, you acknowledge and agree that, pursuant to Your Licence, Whisker may repost Your Content on the Websites, social media accounts, pages controlled by Whisker, and/or in Whisker advertising. For greater certainty, no commission, royalty, or other payment will be required of Whisker in exchange for such use.
- Reviews and Comments. With respect to any product reviews or comments provided by you as part of Your Content or otherwise, you represent and warrant that such reviews or comments are true and accurately represent your experience as a bona fide user of the Product. You understand and agree that, pursuant to Your License, Whisker will have the right to republish all or part of your reviews and comments on the Websites or in advertising or other media as Whisker deems fit. Whisker never edits user reviews. However, Whisker does reserve the right to withhold reviews from being published on the Websites (or any portion thereof) in its sole discretion and for any reason whatsoever. You acknowledge and agree that you are not permitted to post or publish any reviews regarding or that identify or “dox” any Person (other than Whisker) or that include infringing content, trade secrets, or otherwise violate the intellectual property rights of any Person, or reviews that are obscene, lewd, or vulgar, and so forth.
- Payment Terms.
- Fees and Charges. The fees for Whisker products and services and otherwise in connection with the Websites (the “Fees”) and any and all charges, costs, or expenses (other than the Fees) payable by you in connection with the Websites and this Agreement, including those payable to third-party service providers, including Third-Party Payment Processors (the “Charges”) are set out on the Websites or will otherwise be displayed to you by way of the Websites prior to Whisker or any Third-Party Payment Processor charging your Payment Method. Whisker will have the right, in its sole discretion, to determine the Fees. Whisker and/or third parties will have the right, in their sole discretion, to determine any and all Charges. You agree to pay Whisker and/or the applicable Third-Party Payment Processor the Fees and any and all Charges in accordance with the terms and conditions of this Agreement or the applicable agreement, document, or instrument governing such Charges, as applicable.
- Additional Disclosures. In addition to the terms and conditions of this Agreement, you may be required to agree to additional terms and conditions at the time of payment or during the ordering process. Please pay attention to these additional terms and conditions.
- Shipping. Most orders are shipped within ten (10) business days. Regarding subscription plans, Whisker will notify you by email at least three (3) days before your credit or debit card is charged for the next shipment.
- Payment Method. In order to pay for and receive any Whisker products or services by way of the Websites (or any portion thereof) and/or register for a User Account, you must provide Whisker with a valid financial instrument, including a valid credit card, debit card, or PayPal account or other method of payment acceptable to Whisker from time to time, in its sole discretion (“Payment Method”). All payments made by way of the Websites by Whisker are secured with Internet-standard TLS (also known as HTTPS) encryption. When you are prompted to provide your Payment Method, you will be asked to provide Whisker and/or our Third-Party Payment Processors with customary billing information, such as name, billing address, shipping address, Payment Method and other financial instrument information, for use by Whisker or Third-Party Payment Processors to process payments in connection with the Websites. Your billing address must be the same as the shipping address. You will be required to provide Whisker with valid, accurate, current, and complete information when adding your Payment Method and to update and correct your Payment Method with Whisker, as required, to ensure that your Payment Method is at all times valid, current, complete, and accurate. You agree not to use any fraudulent, stolen, or falsified payment information in submitting any order or other transaction to Whisker. If your Payment Method changes as a result of re-issuance or otherwise, we may acquire that information from third parties and update your Payment Method on file in your User Account. You authorize Whisker and any and all Third-Party Payment Processors to store and use any and all information you provide for use in maintaining your Payment Method and charging your Payment Method for any and all Fees, Charges, and associated Taxes. You acknowledge and agree that:
- you are solely responsible and liable for the accuracy and completeness of your Payment Method;
- failure to maintain valid, current, complete, and accurate information in your Payment Method may result in your inability to access and use the Websites or purchase Whisker products and services (in whole or in part);
- Whisker is not responsible for any Claims or Losses suffered by you as a result of incorrect Payment Method provided by you or otherwise in connection with your Payment Method; and
- Whisker may use Third-Party Payment Processors to access, hold, use, and process your Payment Method to process payments made by you to Whisker and, in such circumstances, the processing of payments or refunds, as applicable, will be subject to the terms and conditions of the applicable Third-Party Payment Processor and your credit card issuer.
IF YOU ARE A QUÉBEC RESIDENT, SECTION 4(E) IS WITHOUT PREJUDICE TO YOUR RIGHT TO REQUEST A CHARGEBACK OR CANCEL A PAYMENT PURSUANT TO THE CONSUMER PROTECTION ACT, C P-40.1.
- Payment Authorization. You authorize Whisker and our agents and Third-Party Service Providers to charge your Payment Method the Fees, Charges, and associated Taxes. You hereby agree that you will not charge back, annul, or void any payment transactions for Fees, Charges, or associated Taxes, except as and only to the extent permitted by Applicable Law.
- Subscription Plans. Whisker may offer subscription plans for recurring orders or shipments of certain Whisker products and services (e.g., once per month), according to the subscription plan selected by you at the time of purchase. If you choose to enroll in any such subscription plan, you understand, acknowledge, and agree that, in addition to any previous purchases you may have made, your Payment Method will be charged for additional orders and shipments without obtaining further permission or confirmation from you. To change or cancel a subscription plan, you may log into your User Account via the Websites and make changes there. You may also contact us via email at support@whisker.com. Changes and cancellations must be made no later than three (3) business days in advance of the next scheduled shipment to allow Whisker time to process your change or cancellation. Whisker will notify you by email at least five (5) days before your credit or debit card is charged for the next shipment. Whisker reserves the right, in its sole discretion, to change or revise the recurring Fees, Charges, and payment terms associated with your subscription plan. However, such changes or revisions will only be made after notice is provided to you by email with sufficient time (at least 30 days before the changes come into force) for you to cancel or change your subscription plan. You may cancel or change your subscription plan no later than 30 days after the effective date of such changes or revisions without cost, penalty, or cancellation indemnity by sending Whisker a notice to that effect. In all cases, you remain responsible for paying the price of the product or service provided up to the date your subscription plan ended. Whisker also reserves the right, in its sole discretion, to cancel a particular subscription plan altogether (e.g., when a Whisker product or service is no longer available).
- Payment Terms. On or before the purchase or renewal, as applicable, of any Whisker products or services, we will invoice you and either we or a Third-Party Payment Processor will charge your Payment Method. Unless and only to the extent otherwise expressly provided in this Agreement, we will invoice and charge your Payment Method in advance of you receiving any products or services. Invoiced amounts are due immediately upon the time and date of the invoice. Once a payment transaction for Fees or Charges is successfully completed, you will receive a confirmation email. If Whisker is unable to collect from your designated Payment Method, you agree that Whisker may charge any other Payment Method on file in your User Account, otherwise collect payment from you and pursue any rights or remedies available to Whisker, or deny you access to any products or services you selected.
- Interest on Late Payments. Where you fail to pay any Fees or Charges or any associated Taxes or any other amounts pursuant to and in accordance with the terms and conditions of this Agreement, Whisker will have the right, in addition to any other rights or remedies available to it, to charge, and you will pay, interest on such overdue amounts at the rate of the lesser of:
- one and one half percent (1.5%) per month calculated daily and compounded monthly from the date of the invoice; and
- the maximum rate of interest permitted by Applicable Law.
- Fee Changes. Whisker reserves the right to change the Fees and Charges at any time and from time to time in accordance with Applicable Law. You should review the Websites regularly for any such changes.
- Taxes. The Fees and Charges are exclusive of any and all sales, use, value added or other taxes, federal, provincial, state, or otherwise, however designated (including HST, GST, and PST), which may be levied or imposed by reason of any transaction contemplated in connection with the Websites (or any portion thereof), including the purchase and sale of any Whisker products or services (“Taxes”). In addition to the Fees and Charges and any other amounts payable pursuant to the Websites or this Agreement, you agree to pay any and all associated Taxes. Any failure to collect monies on account of Taxes will not constitute a waiver of the right to do so.
- LITTER-ROBOT™ Refund Policy. You acknowledge and agree that, to the maximum extent permitted by Applicable Law, for any LITTER-ROBOT™ unit purchased by way of the Websites, you will have a maximum of ninety (90) days from the date on which you received such LITTER-ROBOT™ unit to return it for a full refund, after which you will not be eligible for a refund of all or any portion of the purchase price thereof or any ancillary Fees, Charges, or associated Taxes. In order to receive a refund of the purchase price of the LITTER-ROBOT™ unit, you are required to comply with the following return procedures
- To return the LITTER-ROBOT™ unit, you must obtain an RMA (Return Merchandise Authorization) number. We do not accept responsibility for return shipments without an RMA number. To request an RMA, contact us at 1-877-250-7729 or whiskerreturns.com.
- You are responsible for shipping costs with respect to the return of the LITTER-ROBOT™ unit, which may vary depending on where you live in Canada. We can provide a return shipping label for a $100 deduction from your refund—just contact us. Please note, return shipments outside Canada may incur additional shipping costs.
- Please make sure the LITTER-ROBOT™ unit is clean (which allows us to extend the useful life of our products) and carefully packed to avoid damage during shipment. Packing with the original materials is your best and most eco-friendly option. You are responsible for properly cleaning the LITTER-ROBOT™ unit prior to returning it to us. In the event that you fail to properly clean the LITTER-ROBOT™ unit prior to returning it, we will charge you a $100 cleaning fee, which will be deducted from your refund.
Once the returned LITTER-ROBOT™ unit is received by us, we will process and issue a refund to your original Payment Method within seven (7) to ten (10) business days. Once processed, your bank or credit card holder is responsible for applying it to your account. Contact Customer Service for more information at whiskerreturns.com or 1-877-250-7729 Monday–Friday 9am–7pm EST, or Saturday 9am-5pm EST.
- Third-Party Purchases. If you purchased your LITTER-ROBOT™ unit or any accessories through a source other than the Websites, you must coordinate the return of such purchased items with that source. Be sure to review the individual seller’s return policy before making a purchase.
- Other Whisker Products and Services Return Policy. You acknowledge and agree that, to the maximum extent permitted by Applicable Law, for all Whisker products and services purchased by way of the Websites (other than the LITTER-ROBOT™ unit), you will have a maximum of ninety (90) days from the date on which you received such Whisker product or service to return such Whisker product or service for refund consideration, after which you will not be eligible for consideration for a refund of all or any portion of the purchase price thereof or any ancillary Fees, Charges, or associated Taxes. In order to receive such a refund, contact Customer Service. Merchandise should be returned in new condition and in the original product packaging as received. All paperwork should be included with your return to ensure a prompt and accurate credit, if eligible. You acknowledge and agree that you are solely responsible and liable for the cost of return shipment. Your Payment Method used to purchase your returned merchandise will be credited upon receipt and inspection. Apparel is non-refundable. In light of current events, we will not make exchanges on apparel at this time. Please see our Refund Policy for more details on requesting and processing refunds and returns, including important deadlines.
YOU ACKNOWLEDGE AND AGREE THAT, DUE TO HYGIENIC REASONS, ALL SALES OF CATNIP PRODUCTS AND CAT TOYS ARE FINAL AND NO REFUNDS WILL BE ISSUED OR RETURNS OR EXCHANGES ACCEPTED IN RESPECT THEREOF. IF YOU ARE A QUÉBEC RESIDENT, SECTION 4(N) DOES NOT APPLY IF YOU EXERCISED YOUR RIGHT TO A CHARGEBACK PURSUANT TO THE CONSUMER PROTECTION ACT, C P-40.1. - Delinquent Amounts and Charge Backs. In addition to any Fees or Charges or other amounts payable pursuant to this Agreement, if there are delinquent amounts or charge backs associated with your Payment Method, you may be charged additional Fees and/or Charges that are incidental to the collection of these delinquent amounts and charge backs. Such Fees and Charges may include collection fees, convenience fees, or other third-party charges. Charge backs may be assessed an administrative fee of $100 or such higher amount as may be reasonably required to compensate us for our costs and expenses associated with such charge back.
- Right of Set-Off. Whisker will have the right to withhold any amounts due and owing to you pursuant to this Agreement or otherwise as a set off of any obligations that are owing by you to Whisker or any other Claims in connection with this Agreement. If Whisker, in its sole discretion, believes that it is obligated to obtain tax information from you and you do not provide this information to Whisker after request is made, Whisker may withhold payment of any and all amounts owing to you until you provide this information or otherwise satisfy us that you are not a Person from whom Whisker is required to obtain such tax information.
- Fraudulent Transactions. You acknowledge and agree that Whisker will not be responsible for any fraudulent transactions between you and any third party. Without limiting the generality of the foregoing, Whisker reserves the right, but is under no obligation whatsoever, to investigate any transactions in connection with the Websites that we have reason to believe are or may be fraudulent or otherwise illegal and to suspend or refuse to process such transactions. We also reserve the right to work with the authorities in the applicable jurisdictions with respect to any actual or suspected fraudulent or illegal transactions. If you challenge a transaction or payment, you agree to provide Whisker with any and all assistance reasonably required by us in order to comply with Applicable Law and the rules and policies of any financial institution or other Person affected by such transaction or payment.
- Payment Processing Errors. We will take reasonable steps to rectify any payment processing errors of which we become aware. These steps may include crediting or debiting, as applicable, your Payment Method so that you end up receiving or paying the correct amount. This may be performed by Whisker or a Third-Party Payment Processor or another Person, including your financial institution.
IF YOU ARE A QUÉBEC RESIDENT, SECTION 4(R) IS WITHOUT PREJUDICE TO YOUR RIGHT TO BENEFIT FROM THE PRESCRIPTIVE PERIOD PROVIDED BY LAW. - Invoice Enquiries and Disputes. You agree that you will provide us with notice of any and all invoice enquiries and disputes within sixty (60) days of the invoice date and, with such notice, provide any supporting documentation. AFTER THAT TIME, SUBJECT TO APPLICABLE LAW, YOU WILL BE DEEMED TO HAVE AGREED TO THE CONTENTS OF THE INVOICE AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL HAVE NO RIGHT TO CHALLENGE OR DISPUTE SUCH INVOICE (IN WHOLE OR IN PART). You agree to pay the undisputed portion of any and all invoices in accordance with this Agreement.
- Non-Availability of Payment Services. Whisker may temporarily restrict the availability of the payment services with respect to the Websites, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of such payment services. Whisker may improve, enhance, and modify such payment services and introduce new payment services from time to time. Whisker will provide notice to you of any changes to the payment services, unless such changes do not materially increase your contractual obligations or decrease your rights under this Agreement.
- Third-Party Payment Processors. You acknowledge and agree that:
- your Payment Method and/or the transmission of payment information by way of the Websites may involve the use of third-party payment processors engaged by Whisker from time to time to process payments for or on behalf of Whisker (each, a “Third-Party Payment Processor”);
- Third-Party Payment Processors may charge you additional fees when processing payments and/or refunds in connection with the Websites (including deducting charges from the payment amount);
- the payment services with respect to the Websites may contain links to Third-Party Payment Processor websites or resources;
- Your Payment Method or your access to or use of certain payment services, including the services of Third-Party Payment Processors, may be subject to, or require you to accept, additional terms and conditions imposed by such Third-Party Payment Processors and you are solely responsible and liable to review these terms and conditions before using your Payment Method and you should review these terms and conditions carefully; and
- if there is a conflict between the terms and conditions of this Agreement and the terms and conditions applicable for a specific payment service, including of a contract with a Third-Party Payment Processor, the latter terms and conditions will take precedence with respect to your use of or access to that payment service, unless otherwise specified in such terms and conditions.
- Currency. Unless and only to the extent otherwise expressly provided in this Agreement or on the Websites, all dollar amounts referred to in this Agreement or on the Websites are stated in Canadian Dollars (CAD).
- Ownership.
- Whisker Marks. Any and all trademarks, corporate names, business names, and other trade names of Whisker, including FEEDER-ROBOT™, LITTERBOX.COM™, LITTER-ROBOT™, AGUA-ROBOT™, and WHISKER™ and any and all logo, word script, and design versions thereof, in each case whether registrable or not, owned, or used by Whisker (the “Whisker Marks”) are trademarks of Whisker and/or its affiliates. Other trademarks, service marks, graphics, logos, and domain names used in connection with Whisker Property may be the trademarks of their respective owners. You are not granted any right or license with respect to any of the foregoing trademarks, including the Whisker Marks, or any use thereof. You agree that any goodwill in the Whisker Marks generated as a result of your use of the Websites will enure to the benefit of Whisker, and you agree to assign, and do assign, all such goodwill to Whisker. You will not at any time, nor will you assist others to, challenge Whisker right, title, or interest in, or the validity of, the Whisker Marks.
- Copyrighted Materials; Copyright Notice. All Content and other materials available through the Websites (or any portion thereof), including Whisker Property and the selection, arrangement, and organization thereof, are either owned by Whisker or are the property of Whisker licensors and suppliers. Unless and only to the extent otherwise expressly provided in this Agreement, neither your use of the Websites nor any of the Content and nothing in this Agreement grants you any right, title, or interest in any of the foregoing.
- Whisker Property. Notwithstanding any other provision of this Agreement, you acknowledge and agree that:
- as between you and Whisker, Whisker owns all right, title, and interest in and to, and unless and only to the extent otherwise expressly granted in writing by Whisker you will not acquire any right, title, or interest in or to any of the following: (A) the Websites and the associated look and feel, architecture, layout, interface, templates, and web pages and any and all associated source code or object code or other code that supports any of the foregoing (in whole or in part); (B) any and all Content; (C) any and all tangible and intangible property and intellectual property of Whisker or any of its affiliates or licensed to Whisker or any of its affiliates by any Person, including you (excluding your personal information); (D) the Whisker Marks; (E) any and all other proprietary products, services, technology, software, source code, object code, systems, materials, functionality, databases, screen formats, report formats, techniques, materials, methodology, and know-how of Whisker or any of its affiliates or licensed to Whisker or any of its affiliates by any Person; (F) any and all information or data of Whisker or any other Person (other than you); (G) any and all Feedback; (H) any and all changes, customizations, patches, bug fixes, releases, modifications, developments, new features, functions, or enhancements in respect of any of the forgoing; (I) any and all information or data generated by or from any of the forgoing (other than your personal information); and (J) any and all intellectual property rights in any of the foregoing (collectively, “Whisker Property”);
- Whisker Property constitutes intellectual property of substantial value to Whisker, its affiliates, and other Persons, and their respective licensors;
- all Whisker Property is protected by copyright and owned by, or licensed to, Whisker and contains proprietary information and material owned by Whisker, its affiliates, and other Persons, and their respective licensors, who in each case reserve all their rights in law and equity, and is protected by Applicable Law, including copyright law;
- as between the Parties, Whisker owns all right, title, and interest in and to Whisker Property and you will not acquire any right, title, or interest in or to any Whisker Property unless and only to the extent otherwise expressly granted in writing by Whisker;
- by accessing or using the Websites or any Content or any other Whisker Property (in whole or in part), you do not acquire any other right or licence to any of the foregoing (other than the Licence);
- other trademarks, service marks, graphics, and logos used in connection with the Websites, Content or any other Whisker Property are the trademarks of their respective owners and you are not granted any right or licence with respect to any of the foregoing trademarks or any use thereof; and
- the use of any Whisker Property or any of the other foregoing property (in whole or in part), except as expressly permitted pursuant to this Agreement, is strictly prohibited and infringes on the intellectual property rights of Whisker and others and may subject you to civil and criminal penalties, including monetary damages, for copyright, trademark or other intellectual property infringement.
- Safeguarding of Whisker Property. You will:
- not alter, deface, remove, cover-up, or mutilate in any manner whatsoever any trademark, copyright or other proprietary notice that Whisker or any other Person may affix to any Whisker Property;
- not bid on or register search engine keywords, Google Ads or Google Ad Words, search terms or other identifying terms or domain names that include any Whisker Marks (in whole or in part) or any variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service;
- not obtain access to any Whisker Property otherwise than in accordance with this Agreement, and if such access is inadvertently obtained, to forthwith inform Whisker of such fact and dispose of such Whisker Property in accordance with Whisker instructions; and
- honour and promptly comply with any and all reasonable written requests made by Whisker to provide assistance in protecting, at Whisker expense, the rights of Whisker and other Persons in and to Whisker Property at common law, under federal copyright law and under other federal, state or provincial law or under any international convention and/or treaty (as the case may be).
- Waiver of Moral Rights. You hereby irrevocably and unconditionally waive any and all moral rights arising under Applicable Law, including the Copyright Act (Canada) or any similar legislation in any applicable jurisdiction or at common law that you may have now or in the future with respect to Your Content and Feedback, including any rights you may have to have your or their name associated with Your Content and Feedback or to have your or their name not associated with Your Content and Feedback, any rights you may have to prevent the alteration, translation, or destruction of Your Content and Feedback, and any rights you may have to control the use of Your Content and Feedback in association with any product, service, cause, or institution. You agree that this waiver may be invoked by Whisker or any of its affiliates or any of their respective successors, assignees, designees, or nominees in respect of any or all of Your Content and Feedback.
- Feedback. We welcome and encourage you to provide feedback, suggestions, comments, recommendations, ideas, and materials for improvement regarding the Websites or Content (or any portion thereof (“Feedback”). You may submit Feedback by contacting us via email to support@whisker.com or by any other means of effective communication. Any and all Feedback you submit to us will be considered and deemed non-confidential and non-proprietary to you. By submitting Feedback to us, you automatically grant Whisker a non-exclusive, royalty-free, irrevocable, sub-licensable, perpetual, worldwide right and licence to use, copy, modify, display, and publish such Feedback for any purpose, without notice or compensation to you or approval by you, whether in whole or in part and in any format or medium currently known or developed in the future. You acknowledge and agree that Whisker may assign, transfer, or sub-licence the above licence to any Person, including its affiliates and successors, without notice or compensation to you or approval by you.
- Permission. To seek permission in respect of any activity involving Whisker Property that is not expressly permitted pursuant to this Agreement, please contact us via email to support@whisker.com.
- Representations and Warranties; Disclaimers.
- Your Representations and Warranties. By accessing or using the Websites (or any portion thereof), registering for a User Account, and/or ordering or purchasing any Whisker products or services, you hereby represent, warrant, and covenant that:
- you are at least 18 years of age;
- you are duly authorized and have the right, authority, and capacity to accept, agree to, and enter into this Agreement to be bound by the terms and conditions of this Agreement;
- any and all of the information you provide us, including the information you provide us when registering for your User Account and providing your Payment Method is your own personal information and not that of any other Person (including any fictitious Person) and is and will remain valid, accurate, current, and complete at all times throughout the Term;
- any and all information you provide to us, including any and all of Your Content and Feedback, is owned by you, and you have the absolute right and authority to provide all such information, including Your Content, to us, including for the purposes set out in this Agreement;
- none of the information you provide to us, including Your Content and Feedback, will infringe the intellectual property rights of any Person and all contributions by you to such information are original and no parts thereof or their use or distribution will violate any Person’s copyright, patent, or other intellectual property rights and you will not upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights;
- you will correct, update, and amend any and all information you provide to us promptly upon any change to such information to ensure that such information is at all times, valid, accurate, current, and complete;
- you will at all times comply with all of the terms and conditions of this Agreement;
- you will give the required notices and comply with the laws, ordinances, rules, regulations, codes, and orders of the authorities having jurisdiction which are or become in force during the performance of your obligations pursuant to this Agreement and which relate to your obligations pursuant to this Agreement;
- neither the entering into of this Agreement nor the performance by you of any of your obligations pursuant to this Agreement will contravene, breach or result in any default under any mortgage, lease, agreement, licence, permit, statute, regulation, order, judgment, decree, or law to which you are a party or by which you may be bound;
- this Agreement has been duly authorized and entered into by you and is a legal, valid, and binding, obligation enforceable against you and your successors and permitted assigns in accordance with the terms hereof, except as that enforcement may be limited by bankruptcy, insolvency and other similar laws affecting the rights of creditors generally and except that equitable remedies may be granted only in the discretion of a court of competent jurisdiction;
- you will use the Websites and Content for your own personal, household, consumer purposes only and not for any commercial purposes;
- you are and will at all times remain, and your access and use of the Websites, Content and any and all Whisker products and services is and will at all times remain, in compliance with this Agreement, any and all associated Whisker policies and procedures, and Applicable Law; and
- all of your representations and warranties set out in this Agreement will continue to be true and correct throughout the term of this Agreement.
- WhiskerCare™ Limited Warranty. Subject to the terms and conditions of this Agreement, commencing on the date on which you purchase the LITTER-ROBOT™ unit and continuing for a period of one (1) year, Whisker warrants that, when properly operated and used in accordance with the applicable user manuals, instructions, and documentation, the LITTER-ROBOT™ unit will perform in accordance with the manufacturer’s specifications in all material respects (the “WhiskerCare™ Limited Warranty”). More information about the WhiskerCare™ Limited Warranty and the optional purchase of extended warranty coverage is available here. For more information, contact as via email at support@whisker.com.
- The WhiskerCare™ Limited Warranty only applies to LITTER-ROBOT™ units sold directly by Whisker.
- The WhiskerCare™ Limited Warranty is transferable, except in cases where the sale or transfer of the LITTER-ROBOT™ unit is prohibited under this Agreement, including pursuant to Section 2(f).
- Subject to the terms and conditions of this Agreement, during the warranty period of the WhiskerCare™ Limited Warranty, Whisker will repair the LITTER-ROBOT™ unit at no charge (costs of shipping, labour and replacement parts are covered by Whisker).
- In order to benefit from the WhiskerCare™ Limited Warranty, you must first contact Whisker at 1-877-250-7729, by email at support@litter-robot.com, or online at https://www.litter-robot.com/support and follow the instructions provided by Whisker. You must wait to obtain Whisker instructions before shipping the LITTER-ROBOT™ unit to Whisker.
- If you purchased your LITTER-ROBOT™ unit prior to [May 10, 2022], Whisker will continue to honour our previous 18-month limited warranty in respect of such purchase.
- Warranty-Voiding Modifications. You understand, acknowledge, and agree that, to the maximum extent permitted by Applicable Law:
- any modifications that may affect the original function (including proper function of safety features) of any Whisker products or services, including the LITTER-ROBOT™ unit, may VOID the original warranty, if any, including the WhiskerCare™ Limited Warranty, and any additional warranty coverage purchased by you, at the sole discretion of Whisker;
- you may not: (A) modify or tamper with the safety features of any Whisker product; or (B) purchase any modified Whisker product or service from any Person; or
- you assume any and all risk for any Whisker product or service that has been modified and any and all warranties, including the WhiskerCare™ Limited Warranty, voided when you purchase such product from a third-party reseller instead of directly from Whisker, whether or not you have actual knowledge that such a modification has been performed.
- Warranty-Voided for Non-Returned Products or Parts. You understand, acknowledge, and agree that, to the maximum extent permitted by Applicable Law:
- as a condition of Whisker providing you with the LITTER-ROBOT™ Limited Warranty on qualifying Whisker products, you are required to return to Whisker the Whisker product or part that is covered by the LITTER-ROBOT™ Limited Warranty, including the LITTER-ROBOT™ unit, within thirty (30) days of receiving from Whisker shipping instructions pursuant to Section 6(b)(iv) (the “Return Period”); and
- if a replacement product was shipped to you prior receiving your original product back, and you do not return the Whisker product or part that is covered by the LITTER-ROBOT™ Limited Warranty, including the LITTER-ROBOT™ unit, within the Return Period, this may suspend or VOID the original warranty, if any, including the LITTER-ROBOT™ Limited Warranty, and any additional warranty coverage purchased by you, at the sole discretion of Whisker. In the event the warranty is void, Whisker will have no further obligations whatsoever with respect to such Whisker product or any part thereof.
IF YOU ARE A QUÉBEC RESIDENT, THE FOLLOWING SECTION 6.5 THROUGH SECTION 6.13 INCLUSIVE DO NOT APPLY TO YOU INSOFAR AS THEY WOULD RELIEVE WHISKER FROM THE CONSEQUENCES OF ITS OWN ACTIONS OR THE ACTIONS OF ITS REPRESENTATIVES, LIMIT ANY APPLICABLE LEGAL WARRANTY OR OTHERWISE LIMIT YOUR RIGHTS UNDER THE CONSUMER PROTECTION ACT, C P-40.1.
- EXCLUSION OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT, UNLESS AND ONLY TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THERE ARE NO REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND WHATSOEVER (WHETHER EXPRESS, IMPLIED, OR COLLATERAL) IN RELATION TO THE WEBSITES OR ANY OTHER WHISKER PROPERTY, ANY WHISKER PRODUCTS OR SERVICES, OR ANY TRANSACTIONS CONTEMPLATED IN CONNECTION THEREWITH, BY OPERATION OF LAW OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND RELATED RIGHTS, NO ENCUMBRANCE, TITLE, OR THAT ANY OF THE FOREGOING WILL MEET ANY PERSON’S NEEDS OR WILL BE AVAILABLE FOR USE AT ANY PARTICULAR TIME OR WILL BE UNINTERRUPTED OR ERROR-FREE.
- TRAINING DISCLAIMER. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU ARE EXCLUSIVELY RESPONSIBLE AND LIABLE FOR, AND WHISKER WILL NOT BE RESPONSIBLE FOR, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WHISKER EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO, ANY AND ALL TRAINING YOUR PET REQUIRES TO PROPERLY USE WHISKER PRODUCTS AND SERVICES, INCLUDING THE LITTER-ROBOT™ UNIT, INCLUDING FOR LOSSES CAUSED BY YOUR PET, INCLUDING STAINS FROM URINATION OR DEFECATION ON FLOORING OR UPHOLSTERY OR OTHER SURFACES, IF YOUR PET IS NOT PROPERLY TRAINED TO USE THE APPLICABLE WHISKER PRODUCT OR SERVICE.
- LIABILITY DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHISKER WILL NOT BE RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR CLAIMS AND LOSSES ARISING OUT OF THE FURNISHING OF ANY WHISKER PRODUCTS OR SERVICES PURSUANT TO OR IN CONNECTION WITH THE WEBSITES (OR ANY PORTION THEREOF) OR THIS AGREEMENT, INCLUDING MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, TORTIOUS CONDUCT, ERRORS, REPRESENTATIONS, OR OTHER DEFECTS ARISING OUT OF THE FAILURE TO FURNISH ANY OF THE FOREGOING, WHETHER CAUSED BY ACTS OF COMMISSION OR OMISSION, OR ANY OTHER DAMAGE OCCURRING.
- GENERAL DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT:
- IF YOU CHOOSE TO USE THE WEBSITES, CONTENT, OR ANY OTHER WHISKER PROPERTY OR ENGAGE WITH ANY RESELLER OF WHISKER PRODUCTS OR SERVICES, YOU DO SO FREELY, VOLUNTARILY, AND AT YOUR OWN RISK;
- THE WEBSITES AND ANY AND ALL CONTENT, INCLUDING INFORMATION REGARDING WHISKER PRODUCTS AND SERVICES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND WHATSOEVER;
- ACCESS TO, AND USE OF, THE WEBSITES OR ANY CONTENT OR ANY OTHER WHISKER PROPERTY IS ENTIRELY AT YOUR OWN RISK AND LIABILITY;
- WHISKER WILL NOT BE RESPONSIBLE FOR, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO, THE WEBSITES, CONTENT, AND ANY AND ALL ERRORS, OMISSIONS, AND INACCURACIES IN RESPECT OF ANY OF THE FOREGOING;
- WHISKER DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE WEBSITES (OR ANY PORTION THEREOF) OR ANY CONTENT IS OR WILL BE COMPATIBLE WITH YOUR COMPUTER SYSTEMS, ERROR FREE, OR FREE OF VIRUSES;
- WHISKER WILL NOT BE RESPONSIBLE FOR, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EXPRESSLY DISCLAIMS, ANY AND ALL LIABILITY FOR, AND YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR OBTAINING ANY AND ALL SOFTWARE, HARDWARE, EQUIPMENT, OR LICENCES REQUIRED OR DESIRABLE FOR YOU TO ACCESS AND USE THE WEBSITES AND ANY ASSOCIATED COSTS AND EXPENSES, INCLUDING ANY AND ALL DEVICES, DATA PLANS, AND COMPUTER, WIRELESS, DATA, CONNECTIVITY, ROAMING, AND INTERNET FEES;
- WHISKER WILL NOT BE RESPONSIBLE FOR, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EXPRESSLY DISCLAIMS, ANY AND ALL LIABILITY FOR, AND YOU ARE SOLELY RESPONSIBLE FOR, ANY AND ALL VIRUSES, IMPLEMENTING APPROPRIATE SAFEGUARDS TO PROTECT THE SECURITY AND INTEGRITY OF YOUR COMPUTER SYSTEMS, AND THE ENTIRE COST OF ANY SERVICES, REPAIRS, OR CONNECTIONS OF AND TO YOUR COMPUTER SYSTEMS THAT MAY BE NECESSARY AS A RESULT OF YOUR USE OF THE WEBSITES OR ANY CONTENT; AND
- WHISKER WILL NOT BE RESPONSIBLE FOR, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EXPRESSLY DISCLAIMS, ANY AND ALL LIABILITY FOR ANY PROBLEM OR TECHNICAL MALFUNCTION OF ANY NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL OR ANY OTHER COMMUNICATION BETWEEN YOU AND WHISKER ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ONLINE OR ON THE INTERNET OR THE WEBSITES OR ANY THIRD-PARTY WEBSITE, OR ANY COMBINATION THEREOF OR ANY INJURY OR DAMAGE TO ANY PERSON’S COMPUTER OR SYSTEMS RELATED TO OR RESULTING FROM DOWNLOADING OR STREAMING ANY MATERIALS IN CONNECTION WITH THIS AGREEMENT OR THE WEBSITES.
- INFORMATION DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT:
- THE CONTENT AND ANY AND ALL OTHER INFORMATION ACCESSIBLE BY WAY OF THE WEBSITES, INCLUDING ANY PERSONAL INFORMATION, FEES, CHARGES, OR ANY INFORMATION MADE AVAILABLE BY ANY THIRD PARTY, IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY;
- THE CONTENT AND ANY AND ALL OTHER INFORMATION ACCESSIBLE BY WAY OF THE WEBSITES SHOULD NOT BE RELIED UPON AS VALID, ACCURATE, RELIABLE, COMPLETE, CURRENT, TIMELY, OR FIT FOR ANY PARTICULAR PURPOSE;
- TO THE EXTENT THAT THE CONTENT OR ANY OTHER INFORMATION ACCESSIBLE BY WAY OF THE WEBSITES IS CURRENT AS OF THE DATE OF FIRST PUBLICATION, IT MAY NO LONGER BE ACCURATE AS A RESULT OF THE PASSAGE OF TIME;
- ANY AND ALL PRODUCT IMAGES ON WEBSITES ARE FOR ILLUSTRATION PURPOSES ONLY AND ACTUAL PRODUCTS MAY VARY DUE TO DIFFERENCES IN MONITOR SETTINGS AND LIGHTING, ENHANCEMENTS OR OTHER CHANGES TO THE PRODUCT, PACKAGING UPDATES, OR OTHER CHANGES, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHISKER DISCLAIMS ANY AND ALL WARRANTY OR LIABILITY FOR SUCH DIFFERENTIATIONS BETWEEN THE PRODUCT IMAGES AND THE ACTUAL PRODUCT RECEIVED;
- WHISKER UNDERTAKES NO RESPONSIBILITY WHATSOEVER FOR INVESTIGATING OR VERIFYING THE VALIDITY, ACCURACY, CURRENCY, OR COMPLETENESS OF THE CONTENT AND ANY AND ALL OTHER INFORMATION ACCESSIBLE BY WAY OF THE WEBSITES OR THE ACTS, OMISSIONS, IDENTITY, OR CREDITWORTHINESS OF ANY PERSON;
- WHISKER DOES NOT SCREEN IN ADVANCE ANY CONTENT OR ANY OTHER INFORMATION ACCESSIBLE BY WAY OF THE WEBSITES; AND
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY USE BY WHISKER OF ANY CONTENT, YOUR CONTENT, OR OTHER INFORMATION ACCESSIBLE BY WAY OF THE WEBSITES DOES NOT CREATE ANY EXPRESS OR IMPLIED APPROVAL BY WHISKER OF SUCH USER CONTENT OR INFORMATION, NOR DOES IT INDICATE THAT SUCH USER CONTENT OR INFORMATION COMPLIES WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT OR APPLICABLE LAW.
- THIRD PARTY DISCLAIMER. THE WEBSITES MAY CONTAIN LINKS TO THIRD PARTIES, INCLUDING THIRD-PARTY SERVICE PROVIDERS, OR THIRD-PARTY SERVICES. THIRD-PARTY SERVICES MAY BE SUBJECT TO DIFFERENT TERMS AND CONDITIONS AND PRIVACY PRACTICES. LINKS TO ANY THIRD PARTIES, INCLUDING THIRD-PARTY SERVICE PROVIDERS OR THIRD-PARTY SERVICES, ARE NOT AN ENDORSEMENT BY WHISKER THEREOF. YOU ACKNOWLEDGE AND AGREE THAT WHISKER IS NOT RESPONSIBLE FOR, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EXPRESSLY DISCLAIMS, ANY AND ALL LIABILITY FOR THIRD PARTIES, INCLUDING THIRD-PARTY SERVICE PROVIDERS AND THIRD-PARTY SERVICES, INCLUDING THE AVAILABILITY, SUFFICIENCY, OR ACCURACY THEREOF OR ANY FEES OR CHARGES CHARGED BY SUCH THIRD PARTIES.
- THIRD-PARTY PAYMENT PROCESSORS DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT, WHISKER ASSUMES NO RESPONSIBILITY FOR, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR AND ANY CLAIMS AND LOSSES ARISING FROM OR IN CONNECTION WITH ANY ERRORS OR OMISSIONS WITH RESPECT TO PAYMENTS PROCESSED BY THIRD-PARTY PAYMENT PROCESSORS, INCLUDING ANY FEES AND CHARGES AND ANY AND ALL ASSOCIATED TAXES, TRANSACTION FEES, ADMINISTRATIVE FEES, AND CURRENCY CONVERSION FEES IMPOSED BY THIRD-PARTY PAYMENT PROCESSORS OR YOUR-THIRD PARTY PAYMENT SERVICE PROVIDER OR FINANCIAL INSTITUTION, INCLUDING BASED ON YOUR PAYMENT METHOD OR THE CURRENCY OR PAYMENT CHOICES YOU SELECT TO MAKE OR RECEIVE PAYMENTS.
- INTERNET DISCLAIMER. DUE TO THE NATURE OF THE INTERNET, WHISKER CANNOT GUARANTEE THE CONTINUOUS AND UNINTERRUPTED AVAILABILITY, ACCESSIBILITY, OR USE OF THE WEBSITES. YOU ACKNOWLEDGE AND AGREE THAT, NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, WHISKER WILL NOT BE LIABLE FOR AND ASSUMES NO RESPONSIBILITY FOR ANY CLAIMS OR LOSSES ARISING FROM OR IN CONNECTION WITH:
- LIMITED ACCESS OR USE OR INABILITY TO ACCESS OR USE THE WEBSITES OR ANY APPLICATION DATABASE (OR ANY PORTION THEREOF) AS A RESULT OF THE INTERNET, YOUR WEB SERVICES, THE WEB SERVICES OF ANY OTHER PERSON, OR ANY OTHER SHARED NETWORK OR IN THE EVENT YOU DOWNLOAD THE INCORRECT APPLICATION FOR YOUR MOBILE DEVICE;
- THIRD-PARTY SERVICES, OR THIRD-PARTY PRODUCTS OR SOFTWARE, INCLUDING IMPLEMENTATION OR CONFIGURATION OF APPROPRIATE SECURITY MEASURES RELATING THERETO, NOT DEVELOPED OR PROVIDED BY WHISKER;
- ANY ACCESS OR INABILITY TO ACCESS ANY OTHER SERVICE, SERVICE PROVIDER, NETWORK, INFORMATION, USER, OR COMPUTING RESOURCE AVAILABLE ON OR THROUGH THE INTERNET; OR
- UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS, CORRUPTION, OR DESTRUCTION OF INFORMATION OR DATA AS A RESULT OF INFORMATION OR DATA BEING TRANSMITTED BY WAY OF THE INTERNET.
- DATA BACKUP DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- WHISKER WILL NOT BE LIABLE FOR AND ASSUMES NO RESPONSIBILITY FOR ANY CLAIMS OR LOSSES ARISING FROM OR IN CONNECTION WITH, ANY CATASTROPHIC DISK FAILURE OR OTHER SIMILAR EVENT RESULTING IN, DIRECTLY OR INDIRECTLY, THE LOSS OF ANY DATA, INCLUDING ANY DATA RELATED TO YOUR USER ACCOUNT; AND
- IT IS YOUR RESPONSIBILITY TO BACKUP YOUR DATA, INCLUDING ANY DATA RELATED TO YOUR USER ACCOUNT, TO YOUR PERSONAL COMPUTER OR EXTERNAL STORAGE DEVICE AND TO ENSURE SUCH BACKUPS ARE SECURE.
IF YOU ARE A QUÉBEC RESIDENT, SECTION 6.14 DOES NOT APPLY TO YOU.
- TRANSLATION DISCLAIMER. TO ASSIST USERS WHO SPEAK DIFFERENT LANGUAGES, CERTAIN CONTENT MAY BE TRANSLATED, IN WHOLE OR IN PART, INTO LANGUAGES OTHER THAN ENGLISH. YOU ACKNOWLEDGE AND AGREE THAT WHISKER DOES NOT ENDORSE OR GUARANTEE THE ACCURACY OR QUALITY OF, WILL NOT BE RESPONSIBLE FOR, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR, ANY AND ALL SUCH TRANSLATIONS AND YOU ARE RESPONSIBLE FOR REVIEWING AND VERIFYING THE ACCURACY OF SUCH TRANSLATIONS.
- APPLICATION OF DISCLAIMERS. YOU ACKNOWLEDGE AND AGREE THAT:
- ANY AND ALL DISCLAIMERS IN THIS AGREEMENT, INCLUDING THE DISCLAIMERS SET OUT IN THIS SECTION 6(N), APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND WILL NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMERS OR ANY OTHER LIMITATION OF LIABILITY IN THIS AGREEMENT OR ANY OTHER AGREEMENT BETWEEN YOU AND WHISKER OR BETWEEN YOU AND ANY OF WHISKER LICENSORS OR SUPPLIERS OR THIRD-PARTY PAYMENT PROCESSORS;
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITES (OR ANY PORTION THEREOF) OR OTHERWISE WILL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS AGREEMENT, INCLUDING THE DISCLAIMERS SET OUT IN THIS SECTION 6(N);
- SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE DISCLAIMERS, WAIVERS, AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT, INCLUDING THE DISCLAIMERS SET OUT IN THIS SECTION 6(N), MAY NOT APPLY TO YOU;
- YOU MAY HAVE OTHER STATUTORY RIGHTS, INCLUDING UNDER THE CONSUMER PROTECTION ACT, 2002 (ONTARIO), THE CONSUMER PROTECTION ACT, C P-40.1 (QUÉBEC) AND OTHER SIMILAR PROVINCIAL LEGISLATION IN CANADA;
- THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW; AND
- THE WHISKER PARTIES ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS, AND LIMITATIONS.
IF YOU ARE A QUÉBEC RESIDENT, SECTION 7 AND SECTION 8 APPLY TO YOU EXCEPT INSOFAR AS THEY WOULD RELIEVE WHISKER FROM THE CONSEQUENCES OF ITS OWN ACTIONS OR THE ACTIONS OF ITS REPRESENTATIVES, LIMIT ANY APPLICABLE LEGAL WARRANTY OR OTHERWISE LIMIT YOUR RIGHTS UNDER THE CONSUMER PROTECTION ACT, C P-40.1.
- Your Representations and Warranties. By accessing or using the Websites (or any portion thereof), registering for a User Account, and/or ordering or purchasing any Whisker products or services, you hereby represent, warrant, and covenant that:
- Indemnity. To the maximum extent permitted by Applicable Law, you agree to release, waive, discharge, indemnify, defend, and hold harmless (at Whisker option) Whisker and each Whisker Party (each, an “Indemnified Party”) from and against any and all any actual, threatened or potential civil, criminal, administrative, regulatory, arbitral, or investigative claims, demands, allegations, actions, suits, investigations, or proceedings, including with respect to the enforcement of any legal rights or remedies (“Claims”) and any losses, liabilities, or damages (including taxes and related penalties) and any related costs or expenses, including reasonable legal fees on a full indemnity basis, and expenses and costs of litigation, settlement, judgement, appeal, interest, and penalties (“Losses”) that may be suffered or incurred by any of the Indemnified Parties arising out of or as a result of or relating in any manner whatsoever to:
- the relationship between you and Whisker or any Whisker Party, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
- any Event of Default;
- your access to or use of the Websites, Content or any other Whisker Property (in whole or in part);
- Your Content or any other information provided to Whisker by you, including in connection with your User Account or Payment Method;
- any access or use of your User Account credentials, including identification codes or passwords, regardless of whether such use is authorized by you;
- any payment (including with respect to Fees, Charges and associated Taxes) and any and all Taxes in connection with this Agreement or the Websites;
- any loss of privacy or loss of, damage to, or destruction of Whisker Property or the property of any other Person, including any other user, to the extent caused by you or any Person you or any of your representatives;
- personal injury, loss, or harm to any Person (including bodily injury, death, wrongful death, or emotional distress) in connection with the Websites or any transactions in connection therewith to the extent caused by you or any of your representatives;
- your violation or alleged violation of any Applicable Law;
- your violation or alleged violation of any Person’s copyrights, trademarks, or other intellectual property or proprietary rights;
- any reviews or ratings posted by you or on your behalf, including on the Websites (or any portion thereof); and/or
- your negligence or criminal, willful, or intentional misconduct or the negligence or criminal, willful, or intentional misconduct of any of your representatives.
- Indemnity Procedures. You agree to provide Whisker:
- with prompt written notice of any and all Claims or circumstances known to you that could result in a Claim;
- any and all reasonable information and assistance that Whisker may require with respect to any and all Claims; and
- sole and exclusive control of the defence of any action relating to any Claims or Losses in connection with this Agreement or the Websites to Whisker, including the choice of legal counsel and all related settlement negotiations, arising out of or relating thereto.
You acknowledge and agree that each Indemnified Party has the individual right, but not the obligation, to participate through counsel of their choice in the defence of any Claim, including any Claim in respect of which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.
- Limitation of Liability.
IF YOU ARE A QUÉBEC RESIDENT, SECTION 9 DOES NOT APPLY TO YOU INSOFAR AS IT WOULD RELIEVE WHISKER FROM THE CONSEQUENCES OF ITS OWN ACTIONS OR THE ACTIONS OF ITS REPRESENTATIVES, LIMIT ANY APPLICABLE LEGAL WARRANTY OR OTHERWISE LIMIT YOUR RIGHTS UNDER THE CONSUMER PROTECTION ACT, C P-40.1.- ACKNOWLEDGEMENT OF RISK. FOR GREATER CERTAINTY, YOU ACKNOWLEDGE AND AGREE THAT, NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITES AND/OR CONTENT IS AND WILL AT ALL TIMES REMAIN WITH YOU.
- LIMITATION OF LIABILITY.
- YOU ACKNOWLEDGE AND AGREE THAT, NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WHISKER OR ANY WHISKER PARTY BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, LOSS OR BREACH OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), FINES, FEES, PENALTIES, TANGIBLE OR INTANGIBLE HARM, IRREPARABLE HARM, LEGAL FEES, ANY LOSS OF ANY KIND WHATSOEVER, OR ANY OTHER LIABILITIES, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR WHETHER OR NOT WHISKER OR ANY WHISKER PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE, ANY CONTENT, ANY WHISKER PROPERTY, OR ANY WHISKER PRODUCTS OR SERVICES.
- IF, AND ONLY TO THE EXTENT THAT, THE FORGOING LIMITATION OF LIABILITY IS HELD BY A COURT OF COMPETENT JURISDICTION TO BE INVALID, ILLEGAL, VOID, OR UNENFORCEABLE FOR ANY REASON, IN RESPECT OF ANY CLAIM BY YOU AGAINST WHISKER OR ANY WHISKER PARTY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING A BREACH BY ANY OF THEM OF ANY OF ITS OBLIGATIONS PURSUANT TO THIS AGREEMENT (WHETHER OR NOT A FUNDAMENTAL BREACH), YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR EXCLUSIVE REMEDY WILL BE TO RECEIVE FROM WHISKER PAYMENT FOR ACTUAL AND DIRECT DAMAGES TO A MAXIMUM AGGREGATE AMOUNT EQUAL TO THE AMOUNT PAID BY YOU IN RESPECT OF THE PRODUCTS AND SERVICES THAT ARE THE SUBJECT OF THE CLAIM.
- WITHOUT LIMITING THE FOREGOING, THIS SECTION 9 WILL APPLY TO DAMAGES CAUSED BY YOUR PET, INCLUDING STAINS FROM URINATION OR DEFECATION ON FLOORING OR UPHOLSTERY OR OTHER SURFACES, IF ANY WHISKER PRODUCTS OR SERVICES MALFUNCTIONS OR YOUR PET IS NOT PROPERLY TRAINED TO USE THE APPLICABLE WHISKER PRODUCT OR SERVICE. THIS LIMITATION WILL APPLY REGARDLESS OF WHETHER ANY CLAIMS OR LOSSES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
- ACKNOWLEDGEMENT. YOU ACKNOWLEDGE AND AGREE THAT:
- THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT, INCLUDING THOSE SET OUT IN THIS SECTION 9(C), REPRESENT A REASONABLE ALLOCATION OF RISK AND ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN WHISKER AND YOU; AND
- THE WEBSITES AND THE WHISKER PRODUCTS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
- Claims and Complaints. You may address any Claims or complaints to Whisker at any time by any method or means of effective communication with Whisker, including via email to support@whisker.com. Notice of such Claim or complaint will be deemed delivered and received by Whisker in accordance with Section 13(b) (Notices).
- Events of Default and Remedies.
- Events of Default. You acknowledge and agree that the occurrence of any of the following events will constitute an event of default (each, an “Event of Default”):
- you fail to pay any sum owing by you to Whisker, including pursuant to this Agreement, including the Fees and Charges and any associated Taxes by the due date thereof:
- you otherwise breach any provision of this Agreement or fail to observe or perform any term, obligation, covenant, condition, or agreement contained in this Agreement;
- you commit any act of fraud, negligence, or criminal, willful, or intentional misconduct or violate any regulation, rule, policy or procedure of any other Person in connection with this Agreement or the Websites;
- you breach or violate Applicable Law;
- you improperly access or engage in any prohibited use of the Websites, Content, or any Whisker Property (in whole or in part);
- you provide any invalid, inaccurate, incomplete, misleading, fraudulent, or outdated information to Whisker or any other Person, including during the registration of your User Account or Payment Method;
- you infringe the intellectual property rights of Whisker or any other Person;
- you become or are adjudicated insolvent or bankrupt, admit in writing your inability to pay your debts as they mature, or make an assignment for the benefit of creditors;
- you apply for or consent to the appointment of any receiver, trustee, or similar officer for you or for all or any substantial part of your property or such receiver, trustee, or similar officer is appointed without your consent; or
- you institute any bankruptcy, insolvency, reorganization, moratorium, arrangement, readjustment or debt, dissolution, liquidation, or similar proceeding relating to you under the laws of any jurisdiction or any such proceeding is instituted against you or any judgment, writ, warrant, or attachment or execution of similar process is issued or levied against a substantial part of your property.
- Notification upon Default. You will notify Whisker in writing immediately upon becoming aware of any Event of Default.
IF YOU ARE A QUÉBEC RESIDENT, SECTION 10(C) IS WITHOUT PREJUDICE TO YOUR RIGHT TO RECEIVE A PRIOR NOTICE UNDER THE CONSUMER PROTECTION ACT, C P-40.1, IF REQUIRED. - Remedies. You understand, acknowledge, and agree that, if any Event of Default occurs, this Agreement will automatically terminate. Such termination will be automatic and will not require any action by Whisker. In addition, without prejudice to any other right or remedy that Whisker may have pursuant to this Agreement or at law or equity, Whisker may take any of the following measures immediately and without notice to you:
- delete or delay or refuse to delete or delay any ratings, reviews, or other Content;
- temporarily or permanently revoke any special status associated with your User Account;
- cancel, suspend, or limit the provision of any products or services to you (in whole or in part);
- cancel, suspend, or limit or cancel, suspend, or limit your access to or use of your User Account, the Websites, or any Whisker products or services (in whole or in part); and/or
- bring an action against you for damages.
- Injunctive and Equitable Relief. You understand, acknowledge, and agree that:
- your compliance with your obligations pursuant to this Agreement is necessary to protect personal information and/or the intellectual property, confidential information, proprietary information, business, goodwill, and/or proprietary interests of Whisker and its affiliates and third parties;
- your breach of any such obligations will give rise to irreparable harm or injury to Whisker that will not be adequately compensable with monetary damages;
- Whisker may, in addition to any other right or remedy it may have, enforce the performance of this Agreement by way of equitable relief, including interim, interlocutory and/or final injunctive relief, specific performance, or such other and further relief as a court may deem just and proper, upon application to a court of competent jurisdiction without proof of actual damages, without a requirement that a finding of irreparable harm or other criteria for the awarding of injunctive relief be made, and without the requirement of posting a bond or other security; and
- notwithstanding that damages may be readily quantifiable, you will not plead sufficiency of damages as a defence in any such proceeding.
- Violation of Applicable Law. You acknowledge and agree that any attempt by you or on your behalf to deliberately damage the Websites, any Content, any other website, or any links or to undermine the legitimate operation thereof may be a violation of Applicable Law (including criminal and/or civil laws) and should such an attempt be made, Whisker reserves the right to seek damages from you to the maximum extent permitted by Applicable Law.
- Remedies Cumulative. You acknowledge and agree that all rights and remedies of Whisker pursuant to this Agreement are cumulative and not exclusive of any other rights or remedies that may be available to Whisker, whether provided by law, equity, statute, in any other agreement between the Parties or otherwise.
- Legal Action. You acknowledge and agree that, to the maximum extent permitted by Applicable Law, if Whisker, in Whisker sole discretion, takes legal action against you in connection with any actual or suspected breach of this Agreement, Whisker will be entitled to recover from you as part of such legal action, and you agree to pay, Whisker reasonable costs and attorneys’ fees incurred as a result of such legal action.
- Events of Default. You acknowledge and agree that the occurrence of any of the following events will constitute an event of default (each, an “Event of Default”):
- Termination.
- Termination by You. You may terminate this Agreement for any reason or for no reason at any time by providing notice of such termination to Whisker.
IF YOU ARE A QUÉBEC RESIDENT, SECTION 11(b) IS WITHOUT PREJUDICE TO YOUR RIGHT TO RECEIVE A PRIOR NOTICE UNDER THE CONSUMER PROTECTION ACT, C P-40.1 IF REQUIRED. - Termination by Whisker. Without prejudice to enforcement of any other right or remedy that Whisker may have pursuant to this Agreement or at law or equity, Whisker may terminate this Agreement and/or any rights or licences granted hereunder or in connection herewith (including the Licence) and/or your access to and use of the Websites (in whole or in part):
- at any time for any reason or no reason for convenience upon written notice to you; and
- immediately and without notice if: (A) an Event of Default occurs; (B) Whisker has reason to believe that you are not 18 years of age or have the authority to enter into and be legally bound by this Agreement or grant us the permissions and licences provided in this agreement; or (C) Whisker believes in good faith that such termination is reasonably necessary to protect Whisker Property or the personal safety of any user or any other Person.
- Effect of Termination. You acknowledge and agree that, if this Agreement is terminated by either Party or if you cancel your User Account or if Whisker terminates, cancels, suspends, or restricts your access to the Websites or your User Account:
- you will immediately cease any and all use of the Websites, Content and any other Whisker Property;
- you will not be entitled to a restoration of your User Account or any of Your Content;
- you may not be able to register a new User Account or access or use the Websites (in whole or in part);
- Whisker may, but has no obligation to, in Whisker sole discretion, rescind any products or services and/or delete from Whisker systems your personal information and/or Payment Method and any other files or information that you made available to Whisker or that otherwise relate to your use of the Websites;
- any and all licences constituted by or granted in connection with this Agreement will be automatically cancelled and terminated;
- you may not be eligible or entitled to a refund of any Fees, Charges, or associated Taxes or other amounts payable pursuant hereto; and
- Whisker reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Websites, including technological barriers such as IP blocking and direct contact with your Internet Service Provider.
- Survival of Covenants. Notwithstanding the termination of this Agreement for any reason whatsoever, this Section 11(d) and the covenants set out in Section 1(b) (Whisker Parties), Section 2 (Restrictions on Access and Use of the Websites), Section 3(c) (Account Accuracy), Section 3(d) (Account Security), Section 3(e) (Your Content), Section 3(f) (Restrictions on Your Content), Section 3(g) (Your Licence), Section 3(h) (Reviews and Comments), Section 4 (Payment Terms), Section 5 (Ownership), Section 6 (Representations and Warranties; Disclaimers), Section 7 (Indemnity), Section 9 (Limitation of Liability), Section 10 (Events of Default and Remedies), Section 11 (Termination), Section 12 (Governing Law and Disputes), and Section 13 (General) will survive any such termination.
- Termination by You. You may terminate this Agreement for any reason or for no reason at any time by providing notice of such termination to Whisker.
- Governing Law and Disputes.
- Governing Law.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) or any similar or successor convention or law, will not be applied to this Agreement or any transactions conducted pursuant to the Websites. The Websites are intended for use only in jurisdictions where it may be lawfully provided for use.- For Québec residents: The interpretation, validity, effect, and enforcement of this Agreement, and any and all disputes arising out of or in connection with this Agreement, or in respect of any legal relationship associated with or derived from this Agreement, will be governed by the laws of the Province of Québec and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of law.
- For non-Québec residents: The interpretation, validity, effect, and enforcement of this Agreement, and any and all disputes arising out of or in connection with this Agreement, or in respect of any legal relationship associated with or derived from this Agreement, will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of law.
- Forum.
- For Québec residents: You hereby unconditionally and irrevocably consent and agree to submit to the exclusive jurisdiction of the courts of the Province of Québec in any action or proceeding involving or in connection with the Websites or this Agreement.
- For non-Québec residents: You hereby unconditionally and irrevocably consent and agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding involving or in connection with the Websites or this Agreement and waive any objection relating to improper venue or forum non conveniens to the conduct of any proceeding in any such court. You stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process.
IF YOU ARE A QUÉBEC RESIDENT, SECTION 12(c) DOES NOT APPLY TO YOU.
- Jury Trial Waiver. You acknowledge and agree that, to the maximum extent permitted by Applicable Law, you unconditionally and irrevocably waive the right to a trial by jury in respect of any and all disputes arising from or in connection with the Websites or this Agreement or any Whisker products or services.
- Legal Advice. You represent and warrant to and in favour of Whisker that you are entering into this Agreement freely and voluntarily having had an opportunity to thoroughly review and understand this Agreement and to seek legal advice as to the meaning of the provisions contained herein, and you hereby confirm that you are acting of your own free will and not under any duress or undue influence.
- Interpretation. To the maximum extent permitted by Applicable Law, the language in this Agreement will be interpreted in accordance with its fair meaning and not strictly for or against either party.
- Admissibility. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or arbitral proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
IF YOU ARE A QUÉBEC RESIDENT, SECTION 12(e) DOES NOT APPLY TO YOU.
- Governing Law.
- General.
- Force Majeure. Any delay or failure of Whisker to perform its obligations pursuant to this Agreement will be excused if the delay or failure is caused by an event or occurrence beyond the reasonable control of Whisker, including any act of God, action by any governmental authority (whether valid or invalid), fire, flood, wind storm, explosion, riot, natural disaster, pandemic or widespread outbreak of infectious disease, war, sabotage, labour problem (including lock-out, strike or slow-down), court order, or injunction.
- Notices. Any notices or other communications permitted or required pursuant to this Agreement will be provided in accordance with Applicable Law, including electronically and given:
- by Whisker to you via email to the email address in your User Account; and
- by you to Whisker via email to support@whisker.com.
Such notice will be deemed to be delivered and received (in the absence of evidence of prior receipt) on the earlier of (A) the date that the sending party receives an email from the receiving party acknowledging receipt (provided that an automatic “read receipt” does not constitute acknowledgment for the purposes of such notice) and (B) the next business day following the date of transmission. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH WHISKER IS ACCURATE AND CURRENT, AND NOTICE TO YOU WILL BE DEEMED EFFECTIVE UPON THE SENDING BY WHISKER OF AN EMAIL TO THAT ADDRESS IN ACCORDANCE WITH THIS SECTION 13(B). - Assignment. Neither this Agreement nor any of the rights or obligations pursuant hereto may be assigned, transferred, or delegated by you without the prior written consent of Whisker. Whisker may without restriction assign, transfer, or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, to any Person without notice to you.
- Waiver. The waiver by Whisker of a breach or default of any provision of this Agreement by you or any delay or omission on the part of Whisker to exercise or avail itself of any of its rights, remedies, powers, or privileges will not be effective unless in writing and will not be construed as a waiver of any succeeding breach of the same or any other provision of this Agreement.
- Severability. In the event that any provision (or any portion of a provision) of this Agreement will for any reason be held by a court of competent jurisdiction to be invalid, illegal, void, or unenforceable for any reason, such invalidity, illegality, voidance, or unenforceability will not affect any other provision of this Agreement, including the validity thereof, and this Agreement will be construed as if such invalid, illegal, or unenforceable provision (or portion of a provision) had never been contained in this Agreement in regards to that particular jurisdiction.
- Amendments. For greater certainty, this Agreement may only be modified by the unilateral amendment of this Agreement by Whisker.
- Enurement. This Agreement will enure to the benefit of and be binding upon each of the parties and their respective successors and permitted assigns.
- Relationship. Nothing in this Agreement or your use of the Websites (or any portion thereof) will be deemed to constitute either party as an agent, representative, or employee of the other party or both parties as joint venturers or partners for any purpose.
- No Third-Party Rights. There are no third-party beneficiaries to this Agreement, other than the Whisker Parties (to the extent expressly stated in this Agreement). Otherwise, this Agreement does not and is not intended to confer any rights or remedies upon any Person other than the parties hereto.
- Headings. The division of this Agreement into Sections and the insertion of headings are for convenience of reference only and will not affect the construction or interpretation of this Agreement. The terms “this Agreement”, “hereof”, “hereunder”, and similar expressions refer to this Agreement and not to any particular Section or other portion of this Agreement and include any agreement supplemental hereto. Unless something in the subject matter or context is inconsistent therewith, references in this Agreement to Articles and Sections are to Articles and Sections of this Agreement.
- Extended Meanings. In this Agreement, unless the context requires otherwise, words importing the singular include the plural and vice versa and words importing gender include all genders and the terms “include” and “including” will also mean “include without limitation” and “including without limitation” respectively.
- Statute References. Any reference in this Agreement to any statute or any section thereof will, unless otherwise expressly stated, be deemed to be a reference to such statute or section as amended, restated, or re-enacted from time to time.
- Entire Agreement. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter hereof and supersedes all prior agreements, negotiations, discussions, and understandings, written or oral, between the Parties. Except as otherwise expressly provided in this Agreement, there are no representations, warranties, conditions, other agreements, or acknowledgements, whether direct or collateral, express or implied, that form part of or affect this Agreement. The execution of this Agreement has not been induced by, nor does either Party rely upon or regard as material, any representations, warranties, conditions, other agreements, or acknowledgements not expressly made in this Agreement.
- English Language. It is the express wish of the parties that this Agreement be drafted in English. Les parties aux présentes ont expressément demandé que ces modalités d’utilisation soient rédigées en anglais.
- Contact Us. If you have any questions regarding this Agreement, please contact us via email to support@whisker.com.
Whisker is located at 1080 West Entrance Drive, Auburn Hills, MI 48326 USA
Telephone: 877-250-7729
Accessibility Statement
Whisker is committed to promoting and facilitating the accessibility and usability of its websites, Litter-Robot.com and Litterbox.com, as well as its mobile applications, for everyone. Whisker's goal is to comply with all applicable standards, including WCAG 2.0 AA - the World Wide Web Consortium’s Web Content Accessibility Guidelines 2.0 up to Level AA. We are proud of both the improvements we have made and those that are in progress to ensure that our digital experiences are accessible to everyone. Whisker continually makes efforts to maintain and increase the accessibility of our websites, mobile applications, and other digital properties, ensuring that persons with disabilities have full and equal enjoyment of our online goods, services, facilities, privileges, advantages, and accommodations.
If, at any time, you experience any difficulty in accessing any part of our websites or mobile applications - or wish to provide feedback on how we can improve your experience - please call us at 1-877-250-7729 or email us at support@whisker.com. Our team will provide you with the information, item, or transaction you seek via an alternate communication method that is accessible to you, consistent with applicable law (for example, through telephone support).
Accessibility Contact Information:
Email: support@whisker.com
Phone: 1-877-250-7729