PRIVACY POLICY

VETCHY LLC

Privacy Policy

Effective Date: April 10, 2023

Privacy is important to Vetchy. The following describes the information we collect and the ways we use that information. By using https://vetchy.com/ (the “Website”) and engaging with our services and products (collectively, the “Services”), you are consenting to the collection, use, sharing, and storage of your personal information, as described below. This Privacy Policy supplements and is incorporated into our Terms of Service which, together with this Privacy Policy and our other online policies, govern your use of the Services. We have endeavored to make this Privacy Policy as clear as possible. If, however, you have any questions, comments or concerns about this Privacy Policy, please send us an email at info@vetchy.com 

The terms “Vetchy” or “us” or “we” or “our” refer to Vetchy, LLC, the owner of the Services. The terms “you” or “your” refer to the user or viewer of the Services.

  • 1. Information We Collect. We collect information from those who visit and interact with our Services. This information may include:

    • full name, email address, physical address, and phone number;
    • credit card and payment information; and
    • interests, comments, requests, and other information you may offer.

    The categories of personal information we collect depend on whether you are a customer, user, or visitor, and the requirements of then-applicable law (collectively, “Personal Information”). We may also automatically collect other information as you interact with the Services. We may collect and maintain device, browser, and operating system information, your Internet Protocol (“IP”) address, Services visits, page response times, download errors, length of visits to certain pages, and page interaction information (such as swipes, share lists, and recommendations). We also may automatically collect information from cookies that are placed throughout the Services. Generally, this information is collected in aggregate form, which means we cannot personally identify you through these mechanisms. We may also automatically collect other information as you interact with the Services. We may collect and maintain device, browser, and operating system information, your Internet Protocol (“IP”) address, Services visits, page response times, download errors, length of visits to certain pages, and page interaction information (such as swipes, share lists, and recommendations). We also may automatically collect information from cookies that are placed throughout the Services. Generally, this information is collected in aggregate form, which means we cannot personally identify you through these mechanisms. The above information may also be collected by third-party service providers, such as Shopify/or any other Third Party Entity.

  • 2. We collect certain information using the following technologies:

    • “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
    • “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
    • “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.
  •  3. How do we use your personal information? We use this information to facilitate the provision of your requested services, such as to fulfill orders. We also use this information to track user behavior, improve our products and services, communicate with you regarding the Services, and generate statistics and trend data for internal and external business purposes, such as marketing campaigns and social media advertising. We use this information to facilitate the provision of your requested services, such as to fulfill orders. We also use this information to track user behavior, improve our products and services, communicate with you regarding the Services, and generate statistics and trend data for internal and external business purposes, such as marketing campaigns and social media advertising.

  • 4. Sharing your Personal Information. We do not share your information for commercial purposes. However, we may share your information in the following ways:

    • With service providers: We may share your information with third parties that perform tasks on our behalf and that help us better provide our Services to you.
    • To protect us, our users, or to law enforcement officials: We may share your information to comply with legal processes (including to comply with the law, to enforce our Terms of Service, or to respond to subpoenas, discovery requests, or similar legal processes or proceedings), cooperate with law enforcement or when we believe it is prudent to share information with legal authorities, and investigate and prevent fraud or imminent harm to you, our users, or to us. We may also share your information to ensure the security of our network and services.
    • In the event of a business transfer: We may share your information with another entity as a result of a corporate sale, merger, consolidation, asset sale, or in the unlikely event of bankruptcy or we go out of business. User information is generally considered an asset that is transferred in one of these types of corporate transactions.
    • With your consent: We may also share your information in other circumstances when we have obtained your consent.
  • 5. Consent to Data Processing in the United States. Whether you are a resident of the United States, the European Economic Area, or any other global jurisdiction, we may send and store your personal information outside of the country in which you reside. We currently store your data in the United States. By using our Services and consenting to this Privacy Policy, you agree and hereby consent to the storage and processing of your Personal Data in the United States.

  • 6. Third Parties. Your information may be held by third parties or we may link to other sites or applications not affiliated, owned, or controlled by us. When you click on a link or an advertisement, you will be directed to that third party’s website. The fact that we link to a third party’s website or advertisement does not in any way create a relationship between us and that third party. We do not endorse or represent any third parties. The privacy practices of any third parties are outside the scope of this Privacy Policy and their use or disclosure of your information (including your personal information) will be governed by their own privacy practices or policies. We encourage you to review the privacy practices or policies of those third parties.

  • 7. Behavioral Advertising. As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work. Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

  • 8. Google Analytics and Advertising. We use Google Analytics to better understand how users interact with the Platform. For information on Google Analytics’ information handling practices and how you can control the use of information sent to Google, please visit: www.google.com/policies/privacy/partners/. To disable Google Analytics, please download and install the Google Analytics Opt-out Browser Add-On, which is available here: https://tools.google.com/dlpage/gaoptout/.  We may also utilize certain forms of display advertising and other advanced features through Google Analytics, such as Remarketing with Google Analytics, Google Display Network Impression Reporting, the DoubleClick Campaign Manager Integration, and Google Analytics Demographics and Interest Reporting. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick or Google Dynamic Remarketing advertising cookie) together to inform, optimize, and display advertisements based on your past visits to the Platform. You may control your advertising preferences or opt out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at: https://google.com/ads/preferences or by visiting the NAI opt-out tool linked to above.  

  • 9. Do not track. Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

  • 10. Your Rights. If you would like to access, modify, or delete your personal information, you may submit a request to info@vetchy.com. For more information or to see if these rights apply to you, please contact us. We will promptly review all such requests in accordance with applicable laws. Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

  • 11. Data Retention. When you place an order through the Site, we will maintain your order information, including all provided Personal Information, for our records unless and until you ask us to delete this information.

  • 12. Security. The security of your information is important to us. We maintain various safeguards in order to keep your personal information safe. We always strive to do our best to protect your information, but we cannot guarantee that your information will always be secure. However, you can play your part in ensuring your information remains secure. You should never disclose your login credentials or personal information with anyone else, and you should keep such information in a safe and confidential manner. You should also adopt passwords that are hard to decipher and be sure to log out of your account whenever it is not being used by you. We will notify you, by email or through the Services, if we believe your information has been breached. Such notification will be made to you as soon as practically possible given our need to determine the scope of such breach and to comply with the needs of law enforcement. Please note that you transmit your personal information at your own risk and that we are not responsible for any deliberate or accidental circumvention of our privacy and security measures.

  • 13. Children’s Online Privacy Protection Act. The Services are intended for general audiences and is not directed to children under 13 years old. We do not target this Services to children under 13, and we do not intentionally collect any information from users under 13. If you become aware that your child has used the Services, and we may have personal information about a user under 13, please contact us at info@vetchy.com, so we may delete the information.

  • 14. Cookies. Cookies are small bits of electronic information that a website or application sends to your browser and are stored on your hard drive. We use cookies to identify users, track your behavior on the Website, keep the Services secure, and improve the Services’ performance. Some cookies are necessary in order to use the Services, and these cannot be disabled. Other cookies are not required to browse our Services and may be disabled or deleted, but this may prevent you from properly using the Services. Most browsers allow you to adjust your cookie settings, which can be done through your browser’s settings. Third-party services, such as Shopify, may employ cookies on the Services in order to better perform their services. We have no control over third-party cookies, and therefore, disclaim any and all liability related to third-party cookies.

  • 15. Supplemental Privacy Rights. If you are a California, Colorado, Connecticut, Nevada, Utah or Vermont resident, the law may provide you with additional rights regarding our use of your Personal Information. Please review our Supplemental Privacy Policy[DF1]  carefully to learn more about these rights. 

  • 16. Appealing Privacy Rights Decisions. Depending on your U.S. state residency, you may have the right to appeal a decision we have made in connection with your privacy rights request. To appeal a decision, please contact info@vetchy.com. If you are unsatisfied with the way that we have handled your appeal, you may have the right to complain to your state’s Attorney General.  

  • 17. Changes and Updates to Privacy Policy. This Privacy Policy may be revised periodically, and this will be reflected by the date above. Please revisit this page to stay aware of any changes. Your continued use of the Services constitutes your agreement to this Privacy Policy and any future revisions.

  • 18. Contact Information. If you have any questions or concerns about this Privacy Policy, please contact us by email at the following address: info@vetchy.com.

 

U.S. Supplemental Privacy Policy

Updated as of: April 10, 2023

This US Supplemental Privacy Notice (“Supplemental Notice”) applies only to information collected about consumers in the following states: (1) California, (2) Colorado, (3) Connecticut, (4) Nevada, (5) Utah, and (6) Virginia. This Supplemental Notice describes Vetchy, LLC’s (“we,” “us,” “our”) practices regarding the collection, use, and disclosure of Personal Information and provides instructions for submitting data subject requests. This Supplemental Notice is in addition to, and incorporated into, our Privacy Policy.

Some portions of this Supplemental Notice apply only to consumers of particular states. In those instances, we have indicated that such language applies only to those consumers.

To the extent terms used in this Supplemental Notice are defined terms under the applicable US State Privacy Law, they shall have the meanings afforded to them in those statutes, whether or not capitalized herein. As there are some variations between such definitions in each of the state statutes, the definitions applicable to you are those provided in the statute for the state in which you are a consumer. For example, if you are a Virginia consumer, terms used in this Supplemental Notice that are defined terms in the VCDPA shall have the meanings afforded to them in the VCDPA as this Supplemental Notice applies to you.

1. Supplemental Notice for California Residents. This Supplemental Notice for California Residents only applies to our processing of personal information that is subject to the California Consumer Privacy Act of 2018 (“CCPA”). The CCPA provides California residents with the right to know what categories of personal information Vetchy has collected about them, and whether we disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding 12 months.


1.1 Disclosure for California Consumers: Unless specifically stated, we have not sold or shared Personal Information about California consumers to third parties for their own use in the past twelve months. Relatedly, we do not have actual knowledge that we sell or share Personal Information of California consumers under 16 years of age. However, we may share your personal information with our affiliates and trusted partners in arrangements that may meet the broad definition of “sale” or “share” under California law. In these arrangements, use of the information we share is limited by policies, contracts, or similar restrictions. That said, we may share information with third-party advertising partners or analytics providers for the purpose of promoting our Services as described above, including for cross-context behavioral advertising. To the extent that such sharing is considered a “sale” under the CCPA, you may opt-out of having your personal information shared with such advertising partners or analytics providers by emailing us here: info@vetchy.com. For purposes of California law, a “sale” is the disclosure of Personal Information to a Third Party for monetary or other valuable consideration, and a “share” is the disclosure of Personal Information to a Third Party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration.

1.2 The following chart details which categories of personal information we have collected from and about California residents in the past twelve (12) months, the source(s) of each category of information, the categories of third parties to whom we have disclosed each category of information for a business purpose, and the categories of third parties to whom we have “sold” or with whom we have “shared” each category of information (as such terms are defined in the CCPA) (where applicable). Please note that the first column in the chart lists by category the types of information described in the “Collection of Personal Information” section above, as required by the CCPA. 

 

Categories of personal information

Category of Personal Information  

Categories of Source(s)  

Disclosures of Personal Information for a Business Purpose 

Sale or Sharing of Personal Information    

Identifiers, including names, shipping addresses, email addresses, online identifiers, IP addresses, account names, and other similar identifiers (e.g., social media identifiers). 

Directly from individuals  

 

Through automated means  

 

Third-party sources  

We have disclosed this category of information for a business purpose in the past 12 months to the following categories of third parties: 

 

Our Service Providers 

Our Business Partners 

Our Research Partners   

Our Analytics Partners

We have sold or shared this category of information in the past 12 months to or with the following categories of third parties: 

 

Our Analytics Partners   

 

Our Advertising Partners (including social media platforms)  

Personal information categories listed in the California Customer Records statute, including telephone numbers, and credit and debit card information.  

Directly from individuals 

We have disclosed this category of information for a business purpose in the past 12 months to the following categories of third parties: 

 

Our Service Providers   

 

Protected classification characteristics under California or federal law, including age and sex/gender expression.  

Directly from individuals  

We have disclosed this category of information for a business purpose in the past 12 months to the following categories of third parties: 

 

Our Service Providers  

 

Commercial information, including items purchased, obtained, or considered and other purchasing or consuming histories or tendencies.  

Directly from individuals 

 

Through automated means 

 

Third-party sources  

We have disclosed this category of information for a business purpose in the past 12 months to the following categories of third parties: 

 

Our Service Providers  

 

Our Research Partners  

 

Our Analytics Partners 

We have sold or shared this category of information in the past 12 months to or with the following categories of third parties: 

 

Our Analytics Partners   

 

Our Advertising Partners (including social media platforms)  

Internet or other electronic network activity information, including internet browsing history, search history, and interactions with the Platform and advertisements.    

Through automated means  

We have disclosed this category of information for a business purpose in the past 12 months to the following categories of third parties: 

 

Our Service Providers 

Our Business Partners  

Our Analytics Partners 

We have sold or shared this category of information in the past 12 months to or with the following categories of third parties: 

 

Our Analytics Partners  

 

Our Advertising Partners (including social media platforms)  

Geolocation data, such as IP location.  

Through automated means  

We have disclosed this category of information for a business purpose in the past 12 months to the following categories of third parties: 

 

Our Service Providers  

Our Business Partners  

Our Analytics Partners 

We have sold or shared this category of information in the past 12 months to or with the following categories of third parties: 

Our Analytics Partners  

 

Our Advertising Partners (including social media platforms)   

Inferences, meaning inferences drawn from any of the information in the above-listed categories of information.   

Through automated means  

 

Third-party sources  

We have disclosed this category of information for a business purpose in the past 12 months to the following categories of third parties: 

 Our Service Providers  

 

 

 1.3 Additional Privacy Rights for California Residents:

  • Right to Access. If you are a California consumer, you have the right to ask us to send you the following information up to two times in a twelve-month period: (i) categories of personal data we have collected about you; (ii) categories of sources from which we collected the personal data; (iii) our business or commercial purpose for collecting personal data; (iv) categories of third parties with whom we share personal data; (v) categories of personal data we disclose about you for business purposes; (vi) categories of personal data we sell or exchange for consideration about you; and (vii) the specific pieces of personal information we have collected about you.
  • Right to Delete. If you are a California consumer, you have the right to ask us to delete the personal data about you we have collected. We may deny the request if the information is necessary to: (i) complete a transaction, including providing a requested or reasonably anticipated good or service, or fulfill a contract between the consumer and Vetchy; (ii) detect and protect against security incidents, malicious, deceptive, fraudulent, or illegal activity, or take against those responsible for such activity; (iii) debug to identify and repair errors impairing intended functionality; (iv) comply with the California Electronic Communications Privacy Act; (v) engage in research in the public interest adhering to applicable ethics and privacy laws where the consumer has provided informed consent; (vi) enable solely internal uses reasonably aligned with the consumer’s expectations based on the consumer’s relationship with Vetchy; (vii) comply with a legal obligation; or (viii) otherwise use the information internally in a lawful manner compatible with the context in which the consumer provided the information.
  • Right to portability. A consumer has the right to request personal information about the consumer be disclosed in a common file format.
  • Right to Opt-out of the sale of Personal Information. If a business sells personal information to third parties, California consumers have the right, at any time, to opt out of the sale or disclosure of their personal information to third parties. Vetchy does not sell personal information to third parties, except in conjunction with a corporate sale, merger, dissolution, or acquisition.
  • Right to designate an authorized agent. You have the right to designate an authorized agent to make a request under the CCPA on your behalf. To designate an authorized agent, please contact us.
  • Right to non-discrimination. The CCPA grants California consumers the right not to be discriminated against for exercising your privacy rights. If you exercise your privacy rights, we will not discriminate against you, for example, by denying you access to our shop or charging you different rates or prices for the same Vetchy Services, unless that difference is reasonably related to the value provided by your data.

 

1.4 California Privacy Rights Act. In addition to the rights provided by the CCPA, California residents are provided with the following rights through the California Privacy Rights Act: (i) the right to request that incorrect or outdated personal information be corrected but not deleted; (ii) the right to restrict a business’s ability to process sensitive data about the consumer; and (iii) prohibition against a business making decisions about a consumer based solely on an automated process without human input.

1.5 California Shine the Light. The California “Shine the Light” law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties.

1.6 Disclosure About Direct Marketing for California Residents. California Civil Code § 1798.83 permits California residents to annually request certain information regarding our disclosure of Personal Information to other entities for their direct marketing purposes in the preceding calendar year. We do not distribute your Personal Information to other entities for their own direct marketing purposes.

 

2. Supplemental Notice for Colorado Residents. The Colorado Privacy Act provides Colorado residents with the following rights: (i)the right to opt out of the processing of personal data concerning the consumer; (ii) the right to confirm whether a business is processing personal data concerning the consumer and to access the consumer's personal data; (iii) the right to correct inaccurate personal data collected from the consumer; (iv) the right to delete personal data concerning the consumer; (v) the right to restrict a business’s ability to process personal information about the consumer, specifically to opt-out of processing for profiling/targeted advertising purposes; (vi) a prohibition against a business making certain decisions about a consumer based solely on an automated process without human input; and (vii) the right to data portability.  When exercising the right to access personal data, a consumer has the right to obtain the personal data in a portable, and to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another entity without hinderance. A consumer may exercise this right no more than two times per calendar year. 

3. Supplemental Notice for Connecticut Residents. The Connecticut Data Privacy Act provides Connecticut residents with the following rights: (i) the right to confirm whether a business is processing personal data concerning the consumer and to access the consumer's personal data; (ii) the right to request that incorrect or outdated personal information be corrected but not deleted; (iii) the right to delete personal data concerning the consumer; (iv) the right to restrict a business’s ability to process sensitive data about the consumer- specifically to opt-out of processing for profiling/ targeted advertising purposes; (v) the right to request personal information about the consumer be disclosed in a common file format; (vi) the right to opt out of the sale of personal information about the consumer to third parties; and (vii) prohibition against a business making certain decisions about a consumer based solely on an automated process without human input.

4. Supplemental Notice for Nevada Residents. We generally do not disclose or share personal information for profit. If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties who intend to license or sell that personal information. To exercise this right, if applicable, you or your authorized representative may submit a request to info@vetchy.com. If you have any questions, please contact us at info@vetchy.com. We will respond to your verified request as soon as reasonably practicable, but no later than sixty (60) days after receipt. If circumstances cause any delay in our response, you will be promptly notified and provided a date for our response.

5. Supplemental Notice for Utah Residents. The Utah Consumer Privacy Act provides Utah residents with the following rights: (i) the right to confirm whether a business is processing personal data concerning the consumer and to access the consumer's personal data; (ii) the right to delete personal data concerning the consumer; (iii) the right to restrict a business’s ability to process sensitive data about the consumer- specifically to opt-out of processing for profiling/ targeted advertising purposes; (iv) the right to request personal information about the consumer be disclosed in a common file format; and (v) the right to request to opt out of the sale of personal information about the consumer to third parties.

6. Supplemental Notice for Virginia Residents. The Consumer Data Protection Act provides Virginia residents with the following rights: (i) the right to confirm whether or not a controller is processing the consumer's personal data and to access such personal data; (ii) the right to delete personal data provided by or obtained about the consumer; (iii) the right to obtain a copy of the consumer's personal data that the consumer previously provided to the business in a portable and, to the extent technically feasible, readily usable format; iv) the right to opt out of the processing of the personal data for purposes of (i) targeted advertising, (ii) the sale of personal data, or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer; and (vi) the right to restrict a business’s ability to process personal information about the consumer, specifically to opt-out of processing for profiling/targeted advertising purposes.

Disclosure for Colorado, Virginia, Utah, and Connecticut Consumers: Unless specifically stated, we do not sell or share Personal Information to Third Parties for their own use. However, we may share or process one or more of the above categories of personal information with our affiliates and trusted partners in arrangements for purposes of targeted advertising, as the terms “sell,” “share,” “process,” and “targeted advertising” are defined in the CPA, VCDPA, UCPA, and CTDPA. In these arrangements, use of the information we share is limited by policies, contracts or similar restrictions.

Changes to this Supplemental Notice: We reserve the right to amend this Supplemental Notice at our discretion and at any time. When we make material changes to this Supplemental Notice, we will notify you by posting an updated Supplemental Notice on our website and listing the effective date of such updates.

Contact Us: For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at info@vetchy.com or by mail using the details provided below:

VETCHY LLC.

33 Valley St, Pasadena, CA 91105

SMS/MMS Mobile message Marketing Program Terms and Conditions

Effective Date: April 23, 2023

Vetchy, LLC (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@vetchy.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Vetchy, LLC, or between you and  any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in New York State before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Vetchy’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

If you have any questions or concerns about these SMS Terms and Conditions, please email us at info@vetchy.com