Last updated: July 26, 2016
This usage and privacy policy (this "Usage and Privacy Policy") describes the types of information Smart Pet Technologies, LLC d/b/a Link AKC and its affiliates ("Link AKC" or "We") may collect from you or that you may provide when you (a) visit our website, available at linkakc.com and any linkakc.com sub-domains (our "Site"), (b) engage with us via our social media sites and platforms, including, but not limited to, Twitter, Facebook, and Instagram (our "Social Media Channels"), or (c) participate in our social media promotions. Please read this Usage and Privacy Policy carefully to understand our policies and practices regarding your information and how we collect, use, maintain, protect, and share that information.
By accessing or using the Site, engaging with us via our Social Media Channels, or participating in our social media promotions, or by submitting your name, e-mail address or any other information to us, you acknowledge that you have read, understand and agree to be bound by the terms of this Usage and Privacy Policy, which form an agreement that is effective as if you had signed it. If you do not agree with our policies and practices, please do not access, browse or use the Site, engage with us via our Social Media Channels, or participate in our social media promotions.
This Usage and Privacy Policy may change from time to time (see Changes to Our Usage and Privacy Policy). Your continued use of our Site, engagement with our Social Media Channels, or participation in our social media promotions after we make changes is deemed to be acceptance of those changes, so please check our Site and this Usage and Privacy Policy periodically for updates.
We may collect several types of information from and about users through the Site and Social Media Channels, including information:
Certain information may not be Personal Information when standing alone (e.g., your IP Address), but may become so when combined with other information (e.g., your name).
a. Information You Volunteer
To use certain features of the Site or Social Media Channels, or to add your name and e-mail address to our e-mail distribution list, you might be asked to provide certain Personal Information through the Site or Social Media Channels. Personal Information We may ask you to provide may include:
b. Information Collected Automatically
We may automatically collect certain information about your equipment, browsing actions and patterns, including:
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
We use information that we collect about you or that you provide to us, including any personal information:
We may disclose Non-Personal Information (including aggregated information) about our users without restriction.
Do Not Track. Link AKC engages in the collection of information about a consumer's online activities over time and across third-party online services ("tracking") to the extent that such information is collected by our web analytics service, currently Google Analytics.
As of the effective date of this policy, the Google Analytics terms of service prohibit the tracking, collection or uploading any data that personally identifies an individual (such as a name, e-mail address or billing information), or other data which can be reasonably linked to such information by Google. (See //www.google.com/analytics/terms/us.html) Because We do not track visitors to the Site over time and across third-party Sites outside of Google Analytics, We do not have a separate policy for responding to browser-based Do Not Track signals.
We may disclose Personal Information that we collect or you provide as described in this Usage and Privacy Policy:
We strive to provide you with choices regarding the Personal Information you provide to us. The following mechanisms are available to provide you with the following control over your information:
Link AKC respects the confidentiality of its users and guests. We have implemented commercially reasonable measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. Unfortunately, the transmission of information via the internet is not completely secure and We cannot guarantee the security of your Personal Information transmitted to or through the Site or our Social Media Channels. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Site or our Social Media Channels.
In the unfortunate event that your "personally identifiable information" (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, We may notify you in a method and manner required by law in the most expedient time reasonable under the circumstances. Delays in notification may occur while necessary measures are taken to determine the scope of the breach and restore reasonable integrity to the system(s) as well as for the legitimate needs of law enforcement if notification would impede an investigation.
Subject to this Usage and Privacy Policy, Link AKC hereby grants to you a limited, non-exclusive, revocable, non-transferable, non-sublicenseable, right to access and use our Site and Social Media Channels.
You acknowledge and agree that Link AKC and its licensors own all right, title and interest, including all intellectual property rights and other proprietary rights, in and to the Site and our Social Media Channels, and no rights in the foregoing are transferred to you hereunder. Text, images, graphics, sound, animations, videos and other content, as well as the arrangement of the same on the Site or our Social Media Channels, are protected by copyright and other intellectual property rights and proprietary rights of Link AKC and its third-party licensors. The content of our Site and Social Media Channels may not be copied, disseminated, altered or made accessible to third parties for commercial purposes.
All LINK and LINK AKC trademarks, service marks, typefaces, company designs, logos and emblems on our Site and Social Media Channels are protected by trademark law. The marks and design elements used on the Site and our Social Media Channels are intellectual property of Link AKC or its licensors. You will not copy, use, infringe upon, misappropriate or otherwise violate these marks and design elements. Our Site and Social Media Channels may also display other product, service and/or company names that may be the trademarks of their respective owners.
You will not, and will not cause others to (a) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, offer for sale, or create modifications, enhancements or derivative works based on the Site or our Social Media Channels, or any intellectual property rights therein or thereto, or any portions thereof or (b) rent, lease, loan, sell, or offer for sale access to or use of the Site or our Social Media Channels, or any intellectual property rights therein or thereto, or any portions thereof.
You may choose to, or we may invite you to submit comments, suggestions, or ideas about our Site, Social Media Channels, products, services, contests or promotions, including how to improve them ("Ideas"). By submitting any Ideas, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction, and will not place Link AKC under any fiduciary or other obligation. Link AKC may use, exploit, copy, modify, publish, or redistribute the Ideas for any purpose and in any way without any compensation to you. You also agree that Link AKC does not waive any rights to use similar or related ideas previously known to Link AKC, developed by its employees or contractors, or obtained from other sources.
Link AKC respects the rights of all copyright holders and has adopted and implemented a policy that provides for the removal from its Site and Social Media Channels of materials that infringe the rights of copyright holders. If you believe that any material on our Site or Social Media Channels infringes upon any copyright that you own or control, please provide Link AKC's Copyright Agent the following information:
Link AKC's Copyright Agent for notice of claims of copyright infringement on or regarding this Site or our Social Media Channels can be reached as follows:
Michael Basone
1 Landmark Square,
Suite 505 Stamford, CT 06901
E-mail: [email protected]
Phone: 203-553-9336
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to Link AKC's Copyright Agent:
If a counter-notice is received by Link AKC's Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Link AKC's sole discretion.
Link AKC offers users the opportunity to submit content to Link AKC via our Site and Social Media Channels and by participating in our social media promotions.
By submitting content to us via our Site or engaging with us on social media, you hereby grant Link AKC and their officers, members, directors, contractors, employees, agents, successors and assigns ("Authorized Persons") a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable, sublicensable license, right and permission to publish, copy, alter, modify, edit, adapt, create derivative works, distribute, publicly perform, display, exhibit, transmit, broadcast, digitize, market, advertise, sell, rent, license, exploit, and otherwise use, in any and all media, now known or hereafter known, (a) your name and/or handle, image, likeness, voice, appearance, biographical information, the image of your pet(s) and other property; (b) any and all image(s), text, photograph(s), video(s), sound recordings, and/or other content posted by you to our Site or a Social Media Channel, including, but not limited to, by using Link AKC's hashtag(s); (c) any and all copyrights and other intellectual property and proprietary rights in (a) and (b); and (d) any and all derivative works of the foregoing (collectively, "Content"), on our Site and Social Media Channels, and in other print, web-based, mobile, broadcast, or other media or marketing platforms, and through any and all media channels, for any and all purposes, including, but not limited to, in the marketing, advertising, and promotion of Link AKC and its businesses, products and services.
You acknowledge and agree that Authorized Persons have no liability to you for any editing, blurring, alteration, distortion, faulty reproduction, or use in any composite form of the Content, and no compensation will be paid to you for the Content or for the licenses and permissions you have granted to Authorized Persons.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ALL LEGAL AND EQUITABLE RIGHTS RELATING TO ANY AND ALL CLAIMS, DEMANDS, ACTIONS, SUITS, OR OTHER PROCEEDINGS OF ANY KIND, LIABILITIES, LOSSES, DAMAGES, COSTS AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR COPYRIGHT OR TRADEMARK INFRINGEMENT, INFRINGEMENT OF MORAL RIGHTS, DEFAMATION, INVASION OF RIGHTS OF PRIVACY, RIGHTS OF PUBLICITY, INTRUSION, FALSE LIGHT, PUBLIC DISCLOSURE OF PRIVATE FACTS, PHYSICAL OR EMOTIONAL INJURY OR DISTRESS, OR ANY SIMILAR CLAIM OR CAUSE OF ACTION IN TORT, CONTRACT, OR ANY OTHER LEGAL THEORY, NOW KNOWN OR HEREAFTER KNOWN, IN ANY JURISDICTION THROUGHOUT THE WORLD ("CONTENT CLAIMS") ARISING FROM AUTHORIZED PERSONS' EXERCISE OF THE LICENSE RIGHTS GRANTED HEREIN OR USE OR EXPLOITATION OF THE CONTENT, AND AGREE NOT TO MAKE OR BRING ANY CONTENT CLAIM AGAINST ANY AUTHORIZED PERSON, AND FOREVER RELEASE AND DISCHARGE AUTHORIZED PERSONS FROM LIABILITY UNDER SUCH CONTENT CLAIMS.
You agree and warrant that (a) any and all Content posted by you on Social Media Channels will be in compliance with the terms and conditions of such Social Media Channels, and you will carefully read the privacy policies of such Social Media Channels; (b) you own or have obtained the necessary licenses, rights, consents, and permissions to publish the Content; (c) each person depicted in the Content, if any, is over the age of 18 and has provided valid consent to the use of their name and/or handle, image, likeness, voice, and appearance; (d) the Content does not contain third-party copyrighted material or material that is subject to other third-party intellectual property or proprietary rights, or, that you have permission from the rightful owner of the Content or you are otherwise legally entitled to use the Content and to grant Authorized Persons all of the rights and licenses granted herein; (e) you will not inaccurately tag Content or encourage users to inaccurately tag Content; and (f) the Content does not contain viruses or programs that could damage the operation of other people's computers or are deliberately disruptive, or contain any content that is deemed by us to be fraudulent, deceptive, misleading or unlawful, spamming or link baiting, harmful, threatening, abusive, harassing, offensive, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or discriminatory in any way, or otherwise depicts inappropriate behavior or violence.
Link AKC does not claim ownership of or endorse Content and disclaims any and all liability with respect to the Content. You agree to indemnify, defend and hold harmless Authorized Persons from and against any and all claims, demands, actions, suits or other proceedings of any kind brought against any of them by any third party and from any and all damages, liabilities, losses, costs and expenses, including, without limitation, reasonable attorneys' fees and costs awarded against or otherwise incurred by Authorized Persons in connection with or arising from any such claim, lawsuit, action, demand or other proceeding: (a) relating to or arising out of any breach or alleged breach of any of your warranties, representations or agreements hereunder; (b) violation of this Usage and Privacy Policy; or (c) violation of any law(s), regulation(s) or third-party rights.
You acknowledge and agree that Link AKC is under no obligation to use the Content. We reserve the right, our sole discretion and for any reason, including for violation of the terms of this Usage and Privacy Policy, to remove Content or other material from our Site or Social Media Channels, without notification to you. Conduct in violation of the terms of this Usage and Privacy Policy may also result in your being banned from our Site and Social Media Channels.
If you want your Content removed from our Site or Social Media Channels, please send an e-mail message to: [email protected].
Participating or entering any contest or promotion on any Social Media Channels sponsored by us is considered a complete release of such Social Media Channels and Link AKC from and against any and all claims, demands, actions, suits, or other proceedings of any kind, liabilities, losses, damages, costs and expenses, with respect to or arising out of or related to the entrant's participation in the contest or promotion. You acknowledge and agree that such contest or promotion is in no way sponsored, endorsed or administered by, or associated with, the Social Media Channels.
The Site and Social Media Channels are not intended for children under 13 years of age. We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you believe that We might have any personal information from or about a child under 13, please contact us at [email protected].
Our Site, Social Media Channels or e-mails may contain links to other third party sites that We do not control or maintain. We are not responsible for the privacy practices of any third party site. If you follow a link from our Site, Social Media Channels or e-mails to another site or application, that site or application's privacy policies will govern any information that site or application collects about you. Please note when you leave the Site, our Social Media Channels or an e-mail, and review the privacy statement at your destination before submitting any Personal Information.
Link AKC will update this Usage and Privacy Policy from time to time. When we do, we will revise the "last updated" date at the top of this page. For changes to the privacy statement that we deem to be material, we will notify you by placing a prominent notice on home page of the Site. You are responsible for periodically visiting our Site and this Usage and Privacy Policy to check for any changes.
Our Site is hosted by a third-party hosting provider, Amazon Web Services, Inc. Use of your Personal Information is also subject to our hosting provider's policies. To review this hosting provider's policies regarding your Personal Information, please visit //aws.amazon.com... and //aws.amazon.com/agreement/.
IN NO EVENT SHALL LINK AKC OR THEIR OFFICERS, MEMBERS, DIRECTORS, CONTRACTORS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING UNDER OR RELATING TO THE SITE, OUR SOCIAL MEDIA CHANNELS OR THIS USAGE AND PRIVACY POLICY (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), AND INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES RESULTING FROM ANY (A) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR OUR SOCIAL MEDIA CHANNELS; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR HOSTING PROVIDER'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY DELAY, INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR SOCIAL MEDIA CHANNELS; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE OR SOCIAL MEDIA CHANNELS BY ANY THIRD PARTY; OR (F) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR OUR SOCIAL MEDIA CHANNELS, IN EACH CASE, WHETHER CHOATE OR INCHOATE, WHETHER BASED ON STATUTE, WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LINK AKC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL THE LIABILITY OF LINK AKC AND THEIR OFFICERS, MEMBERS, DIRECTORS, CONTRACTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, THE LESSER OF (I) YOUR ACTUAL DIRECT DAMAGES OR (II) US $1000.
Information that is submitted to us in connection with your use of the Site or our Social Media Channels, or participation in our social media promotions, will be collected, processed, stored, disclosed and disposed of in accordance with applicable United States law. If you are a user outside of the United States, you acknowledge and agree that we may collect and use your information as discussed in these terms and conditions, outside your resident jurisdiction. In addition, such information may be stored on servers located outside your resident jurisdiction. United States law may not provide the degree of protection for information that is available in other countries. By providing us with your information, you acknowledge that you have read these terms and conditions, including this Usage and Privacy Policy, understand it, agree to its terms and consent to the transfer of your information outside your resident jurisdiction. If you do not consent to the terms of this Usage and Privacy Policy, please do not use this Site or our Social Media Channels, or participate in our social media promotions.
YOU AND LINK AKC AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS USAGE AND PRIVACY POLICY SHALL BE FINAL AND BINDING ARBITRATION.
Either Link AKC or you may demand that any dispute between Link AKC and you about or involving your use of the Site or our Social Media Channels must be settled by arbitration utilizing the Commercial Arbitration Rules of the American Arbitration Association (AAA) in New York, New York, USA, provided that the foregoing shall not prevent Link AKC from seeking injunctive relief in a court of competent jurisdiction. Judgment on the award may be entered in any court of competent jurisdiction.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR CLAIM UNDER THIS PRIVACY POLICY SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE OR OUR SOCIAL MEDIA CHANNELS, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.
To ask questions or provide comments on this Usage and Privacy Policy and our privacy practices, please contact us at [email protected].
The LINK AKCTM collar is designed for your dog and to bring you and your canine companion closer together.
By participating in our social media promotions, you agree to our PRIVACY POLICY