Privacy Notice

  • November 14, 2022
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1. Introduction

Bark Bark Ltd (“we”) are committed to protecting and respecting your privacy.

If you ever have any questions about our processes, the information we hold about you or your rights, you may reach dedicated data protection inbox by emailing them directly here.  This inbox is actively monitored – contacting this address will not open a ticket, you will receive a direct and personal reply. This enables us to deliver an experience that you can confidently trust.

Purpose of this privacy notice

This privacy notice aims to give you information on how we collect and process your personal data through your use of this website, including any data you may provide through this website when you purchase a product or service, or use our client area or or contact us via phone, live chat, email or ticket.

The rules on collecting and processing personal data are set out in the General Data Protection Regulation (the “GDPR” or “EU GDPR”) until 11pm on 31st December 2020. The Retained General Data Protection Regulation (the “GDPR” or “UK GDPR”) in the United Kingdom will be in place from the end of the Brexit implementation period.

This website is not intended for children and we do not knowingly collect data relating to children.

You must read this privacy notice together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

Data controller and processor

Bark Bark Ltd, trading as Bark in this instance, is the controller and processor responsible for your personal data (collectively referred to as Bark Bark Ltd, Bark, “we”, “us” or “our” in this privacy notice).

We collect and use your information to enable us to provide you with our web hosting and domain registration services (collectively referred to as “Services” or the “Service”). Bark provides services via its website, bark.net.uk (collectively referred to as the or our “Site”).

For all data matters contact us.

Our registered address is Kemp House, 152-160 City Road, London, EC1V 2NX. Our Company Registration Number is 13731768.

Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements.

When you leave our website, we encourage you to read the privacy notice of every website you visit.

2. The personal data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified.

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

  • Identity Data includes first name, last name, username or account identifier, marital status, title, date of birth and gender.
  • Contact Data includes billing address, delivery address, email address and telephone numbers.
  • Financial Data includes card and bank account details.
  • Transaction Data includes details about payments to and from you and details of products and services you have purchased from us.
  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system/platform and other technology on the devices you use to access this website.
  • Profile Data includes your username and password, purchases or orders made by you, preferences, feedback and any survey responses.
  • Usage Data includes information about how you use our website, products and services.
  • Marketing and Communication Data includes your chosen preference to receive marketing information from us and your preferred communication method.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect your personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

3. How we collect your personal data

We use different methods to collect data from and about you including through:

  • You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
    • Apply for our products or services;
    • Create an account on our website;
    • Subscribe to our service or publications;
    • Request marketing to be sent to you;
    • Place an order on our website;
    • Visit a page on our website;
    • Participate in a conversation with us;
    • Enter a competition, promotion or survey;
    • Report a problem with our site.

4. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Performance of Contract: this means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
  • Legitimate Interest: this means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
  • Comply with a legal or regulatory obligation: this means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to;
  • Consent of the data subject: this is when you consent to us processing your data, for example checking a box or clicking a button.

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, with the legal bases we rely on to do so.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

To register you as a new customer (a) Identity

 

(b) Contact

Performance of a contract with you
To process your order when you place an order on our site (a) Identity

 

(b) Contact

(c) Financial

(d) Transactional

(e) Marketing and Communications

Performance of a contract with you
To maintain our own accounts and records (a) Identity

 

(b) Contact

(c) Financial

(d) Transactional

Performance of a contract with you

 

Necessary for compliance with a legal obligation

To inform individuals of news, events, or activities (a) Identity

 

(b) Contact

(c) Profile

(d) Marketing and Communication

Performance of a contract with you

 

Necessary for compliance with a legal obligation

Necessary for our legitimate interests (gather feedback on customer experience to improve our products and services)

To improve and optimise the operation and performance of our Services (a) Identity

 

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communication

Necessary for our legitimate interests (gather feedback on customer experience to improve our products and services)
To diagnose problems and identify security risks, errors or required enhancements to our Site (a) Technical

 

(b) Usage

 

Necessary for our legitimate interests (to identify issues with our website and systems to improve security and our products and services)
To respond to an enquiry (a) Identity

 

(b) Contact

 

Consent of the data subject

 

Legitimate interest (to communicate with and provide support to existing and prospective customers)

To manage billing and payments (a) Identity

 

(b) Contact

(c) Financial

(d) Transaction

(e) Marketing and Communication

Performance of a contract with you
To allow you to enter a competition, promotion, or survey (a) Identity

 

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communication

Performance of a contract with you

 

Necessary for our legitimate interests (to gather feedback from customers to improve our products and services)

To use feedback, analytics, and statistics about how individuals are using our Services to improve customer experience and our products/services (a) Technical

 

(b) Usage

 

Necessary for our legitimate interests (to gather feedback from customers to improve our products and services)

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any company outside of Bark Bark Ltd for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience, or other transactions.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our cookie policy.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. Who we share your personal data with

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

  • Internal Third Parties
  • External Third Parties
    • Service Providers acting as processors who provide IT and system administration services.
    • Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
    • HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
  •  Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
  • Specific third parties listed in the table below:
Name Service type Data processed
Intuit Inc. Accountancy Software Customer details, including name, address and email address. Payment details including transaction ID.
Freeagent Accountancy Software Customer details, including name, address and email address. Payment details including transaction ID.
Google Cloud storage, emails and analytics Replications of customer data and occasional use of analytics tools.
Stripe Payment processor Customer name, address, email address, IP address and card details for the purpose of payment processing.
Internet Domain Service BS Corp. Domain name services Customer name, address and email address.
NameSilo, LLC Domain name services Customer name, address and email address.
Nominet Domain name services Customer name, address and email address.
Trustpilot Inc Customer feedback Customer name, email address
MaxMind Inc. Fraud prevention Customer name, address email address and IP address for the purposes of fraud detection and prevention.
Tidio Live chat Customer name, email address, IP address and any information the customer provides during the course of the conversation.
Ascent Performance Group Limited Debt recovery Customer details including name and address.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. International Transfers

We share your personal data within Bark Bark Ltd and with external third parties. This may involve transferring your data outside the United Kingdom (UK) and European Economic Area (EEA).

Many of our external third parties are based outside the UK and EEA so their processing of your personal data will involve a transfer of data outside the UK and EEA.

Whenever we transfer your personal data out of the UK and EEA, we ensure a similar degree of protection is afforded to it by implementing safeguards:

If the UK leaves the European Union without a withdrawal agreement on the day of exit (or the transitional period under a withdrawal agreement expires before the European Commission has adopted an adequacy decision for the UK):

  • If we are the Processor and you are the Controller in respect of personal data the parties hereby enter into the standard contractual clauses (SCCs) in the EU Commission’s decision 2010/87/EC annexed at the Schedule and agree, where no other appropriate safeguard or exemption applies, that the personal data subject to this agreement (and to which Chapter V of the General Data Protection Regulation ((EU) 2016/679) applies) will be transferred in accordance with the SCCs as of that date. For the purpose of these SCCs we are the data importer and you are the data exporter. The data subjects are the persons whose personal data is uploaded to the Service. The categories of personal data and special categories of personal data transferred are decided by you. The processing of personal data transferred will be solely for the purpose of providing the Service. If there is any conflict between this agreement and the SCCs the terms of the SCCs shall apply. The SCCs relating to 2010/87/EC are available at http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX%3A32010D0087.
  • If you are a Controller in respect of personal data and you transfer personal data to us as a Controller the parties hereby enter into the standard contractual clauses (SCCs) in the EU Commission’s decision 2004/915/EC annexed at the Schedule and agree, where no other appropriate safeguard or exemption applies, that the personal data subject to this agreement (and to which Chapter V of the General Data Protection Regulation ((EU) 2016/679) applies) will be transferred in accordance with the SCCs as of that date. For the purpose of clause II (h), both parties agree to option (iii) (the data processing principles set forth in Annex A). For the purpose of these SCCs we are the data importer and you are the data exporter. The data subjects are the persons whose personal data is uploaded to the Service. The processing of personal data transferred will be solely for the purposes set out in this privacy policy. The categories of personal data involved include basic personal information, contact details, technical information such as IP addresses and payment information. We do not collect any sensitive personal data. The recipients of the personal data transferred are set out in this privacy policy. If there is any conflict between this agreement and the SCCs the terms of the SCCs shall apply. The SCCs relating to 2004/915/EC are available at http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32004D0915.

For further details, see European Commission: Model contracts for the transfer of personal data to third countries.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK and EEA.

7. Profiling and Automated Decision Making

We use automated decision making as part of our process to evaluate eligibility for the use of our Services. We use these tools as a measure of fraud prevention and for purposes of security and risk assessment:

  • Automated tools incorporated in our process of approval of your registration application: based on the information you provided, the tool may advise if additional information is required for purpose of approval of your application.

8. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

9. Data Retention

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.

In some circumstances you can ask us to delete your data: see Your legal rights below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

10. Your legal rights

Unless subject to an exemption under the data protection laws, you have the following rights with respect to your personal data:

  • The right to request a copy of the personal data which we hold about you;
  • The right to request that we correct any personal data if it is found to be inaccurate or out of date;
  • The right to request your personal data is erased where it is no longer necessary to retain such data;
  • The right to withdraw your consent to the processing at any time, where consent was the lawful basis for processing your data;
  • The right to request that we provide you with your personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability), where applicable 9i.e. where our processing is based on consent or is necessary for the performance of our contract with you or where we process your data by automated means);
  • The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
  • The right to object to our processing of personal data, where applicable i.e. where processing is based on our legitimate interests (or in performance of a task in the public interest/exercise of official authority); direct marketing or processing for the purposes of scientific/historical research and statistics).

If you wish to exercise any of the rights set out above, please contact us.

No fee required – with some exceptions

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable admin fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

11. Changes to this notice and your duty to inform us of changes

Please keep us informed if your personal data changes during your relationship with us. It is important that the personal data we hold about you is accurate and current.

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