1. Consent to SMS Marketing & Data Sharing

Plain-English Summary: You agree that Arkana and its partner companies can send you marketing messages, and that we can share your info with them. You give up any claim that these messages are unauthorized, because you’re telling us it’s okay by opting in.By opting into the Program, you expressly consent to receive recurring SMS and text messages from Arkana and from Arkana’s affiliated third-party partners (“Affiliate Partners”) for marketing and promotional purposes. You agree that such messages may be sent using an automatic telephone dialing system or other automated technology. Message frequency may vary. You understand that message and data rates may apply according to your cellular plan. Consent is not a condition of purchase – your agreement to these SMS Terms is voluntary, and you can still make purchases from Arkana without consenting to the Program.You further consent to Arkana’s collection, use, and sharing of your personal information as detailed in these SMS Terms. This single consent covers both (a) receiving marketing communications via SMS, and (b) allowing Arkana to share your data with its Affiliate Partners for their own marketing use. You cannot consent to one without the other. By providing this consent, you waive any rights under federal or state law to claim that SMS or other messages sent to you by Arkana or its affiliates are unauthorized or unsolicited. Your Representations: By enrolling, you represent that you are at least 18 years old (or the age of majority in your jurisdiction), and that you are the authorized user of the telephone number you provide. You agree to notify us if you change or relinquish that number, to prevent messages from reaching someone else.

2. Personal Information We Collect

Plain-English Summary: This is what we collect when you sign up – things like your contact info and your pet’s info, and even technical data from our website (like IP address or Facebook Pixel info). We will treat all of this as “Personal Information.”*When you sign up for the Program, or otherwise interact with Arkana’s services, we collect and maintain certain personal information about you. This “Personal Information” may include, but is not limited to:

• Contact Information: Your name, telephone number (mobile number), email address, and mailing address.
• Pet Information: Details you provide about your pet, such as your pet’s name, breed, and age (if you choose to give us this information).
• Online Identifiers & Metadata: Your IP address, device identifiers, and browsing metadata collected through tracking technologies like the Meta Pixel (for example, information about your interactions with our website or ads).
• Marketing Preferences: Your consent status, opt-in date and time, and preferences regarding communications (e.g., your indicated interest in pet grooming, pet food, or pet services).
• Other Information You Provide: Any other information you voluntarily provide to Arkana as part of the SMS opt-in or through subsequent interactions (for example, responses to marketing texts, survey answers, or profile information).

We collect this information directly from you (e.g., via web forms or text message opt-in) and automatically through our website’s analytics tools (such as cookies or the Meta Pixel) in accordance with our [Privacy Policy]. All of the above data is collectively treated as your “Personal Information” for purposes of these SMS Terms.

3. How We Use Your Information

Plain-English Summary: We use your info to send you texts and other marketing, to improve our services, and to share with our partner companies that have pet-related offers. Basically, it helps us and our affiliates market to you more effectively.*Arkana will use and process your Personal Information for the following purposes:

• Providing the SMS Program: To send you SMS/text messages and other electronic communications under this Program. This includes delivering marketing or promotional content, appointment reminders, updates about our products and services, and personalized offers relevant to you or your pet.
• Personalization and Service Improvement: To personalize the content of messages or offers you receive (for example, tailoring promotions based on your pet’s breed or age), and to improve Arkana’s products, services, and marketing strategies. We may analyze your interactions with us (including whether you click links in texts or visit our website) to understand your interests and enhance your customer experience.
• Marketing by Arkana and Affiliates: Arkana and its Affiliate Partners (defined below) may use your information to advertise or promote products and services, including pet grooming, pet food, pet healthcare, pet toys, and other pet-related services that we believe may be of interest to you. This marketing may occur via SMS, email, phone calls, online display ads, or other channels (in addition to text messages).
• Data Sharing and Transfers: As detailed in Section 4, we will share your Personal Information with our Affiliate Partners so that they can also use it for their own marketing and business purposes. This may include transferring or selling your data to such partners (for example, providing your contact information to a pet food company in exchange for compensation or as part of a partnership arrangement).
• Compliance and Record-Keeping: To maintain records of your consent and communications preferences (as required by law, such as the Telephone Consumer Protection Act), and to comply with applicable laws, regulations, or legal obligations. We may also use your information to enforce these SMS Terms or protect our legal rights (for instance, in the event of a dispute or to prevent fraud/abuse of the Program).

We will not use your Personal Information for purposes not described in these SMS Terms or our Privacy Policy without obtaining any additional consent required by law. By consenting, you agree that Arkana’s use of your information as outlined above is in accordance with your expectations and permissions.

4. Sharing of Information with Affiliate Partners

Plain-English Summary: We will share your info with our trusted partner companies in the pet industry. They might even buy your info from us. We trust them to use it responsibly for marketing, and by signing up you’re okay with that.*Affiliate Partners. For purposes of these SMS Terms, “Affiliate Partners” (or simply “affiliates”) refers to third-party companies that are affiliated with or partnered with Arkana in the pet care industry. These include, for example, businesses providing pet grooming services, pet food and nutrition products, pet healthcare or insurance, pet training, pet accessories, and other pet-related goods or services. Affiliate Partners may be companies under common ownership or control with Arkana, or they may be independent companies with which Arkana has a contractual marketing or data-sharing relationship. We carefully select these partners because we believe their offerings complement our own and may benefit our customers. Data Sharing and Sale. By enrolling in the Program, you authorize Arkana to disclose, share, transfer, or sell your Personal Information to our Affiliate Partners for their own use. This means Arkana may provide your name, contact information, and other relevant Personal Information (including your pet’s details and pertinent demographic or preference information) to one or more Affiliate Partners. Our sharing of data with affiliates may occur for a variety of reasons, including to allow those partners to market their products/services to you, to coordinate joint promotions or bundles, or as part of data license/sale agreements. You acknowledge and agree that such sharing may involve the “sale” of personal information as that term may be defined under certain privacy laws (for example, the California Consumer Privacy Act), and that you are directing Arkana to share/sell your information as described herein. Purpose of Sharing. Any Affiliate Partner that receives your data from us is permitted to use that data for marketing and promotional purposes, consistent with the consent you have provided. For example, an Affiliate Partner may use your name and phone number to send you a special discount offer via text message for pet grooming, or may use your email to send a newsletter about new pet food products. They may also use data like your pet’s breed/age to tailor their offers to be more relevant. Affiliate Partners may combine the information we provide with information they already have about you (for instance, if you are also their customer) to streamline communications.Contractual Safeguards. Arkana will only share your information with Affiliate Partners that agree to handle your data in a manner consistent with these terms and applicable law. We require (through our agreements with them) that Affiliate Partners keep your Personal Information secure and use it only for the purposes we describe. However, once your data is transferred to an Affiliate Partner, it will be subject to that partner’s own privacy practices and terms of service. (See Section 5 regarding communications you may receive from them.) No Further Notice Required. You agree that Arkana may share your information with Affiliate Partners without further notice to you or separate consent from you, as this Section 4 constitutes the necessary disclosure and consent for such data sharing. This combined consent is intended to streamline your experience (so you don’t have to agree multiple times) and to ensure our Affiliate Partners can reach you with relevant offers right away.

5. Affiliate Partner Communications

Plain-English Summary: After we share your info, our partner companies might contact you directly with deals or promos. They could text, email, or call you. We’re not sending those messages ourselves, so those partners are responsible for what they send, but your consent here means you agree to hear from them. If you want them to stop, you’ll need to opt-out with them (or let us know and we’ll assist).*By consenting to these SMS Terms, you agree that Affiliate Partners may contact you directly using the contact information you provided to Arkana. This means Affiliate Partners may send you marketing communications through various channels, including but not limited to:

• SMS/Text Messages: You may receive text messages or SMS alerts on your mobile phone from Affiliate Partners (for example, a pet spa sending you a grooming appointment reminder or discount offer). These messages might originate from different phone numbers or short codes than Arkana’s messages.
• Email: If you provided an email address, Affiliate Partners may send promotional emails or newsletters to that address (for example, a pet food company emailing you coupons or product updates).
• Phone Calls or Voice Messages: In some cases, Affiliate Partners might call you or send pre-recorded voice messages to the phone number you provided, to inform you about promotions or services (where permitted by law).
• Other Digital Channels: Affiliate Partners might also use other digital marketing methods to reach you – for instance, targeted advertising on social media or online platforms using the data shared (like your email or device ID), or in-app notifications if applicable.

Applicability of Consent: Your consent in Section 1 above is intended to serve as the necessary permission under laws like the Telephone Consumer Protection Act (TCPA) for Affiliate Partners to send you telemarketing communications. Arkana has obtained your prior express written consent on behalf of itself and on behalf of its Affiliate Partners. You agree that this consent is valid evidence that you have authorized these third parties to contact you, even though you might not have directly given them your number or email. All Affiliate Partner communications will be for marketing/promotional purposes related to pet products or services, and should be relevant to you as an Arkana customer.

Opt-Out of Affiliate Communications: Every Affiliate Partner that contacts you is required by law and by our policies to provide an easy way to opt out of future messages from them. For example, an affiliate’s text message should allow you to reply “STOP” to prevent further texts from that partner, and marketing emails will contain an “unsubscribe” link. If you wish to stop receiving communications from a specific Affiliate Partner, you should follow the opt-out instructions they provide in their message.If for any reason you have difficulty unsubscribing from an Affiliate Partner’s communications, you may contact Arkana (see Section 9) for assistance. Upon your request, where feasible, we can inform the Affiliate Partner of your opt-out request or remove your data from any future sharing lists. However, please note that opting out of Arkana’s own SMS Program (by texting STOP to us) will not automatically opt you out of messages from Affiliate Partners that already have your information. You will need to separately opt out with those partners or ask for our help, as described.

Affiliate Responsibility: Any communications or offers you receive from Affiliate Partners are solely the responsibility of the partner that sent them. Those partners are independent entities, and are not controlled by Arkana. They are required to comply with all applicable laws (such as TCPA for texts, CAN-SPAM for emails, and state telemarketing laws) when contacting you. Arkana is not the sender of those messages and does not write or approve each message, so we do not guarantee the content, frequency, or manner of communications from affiliates. If you have concerns or complaints about a particular affiliate’s communications, please address those with the affiliate or notify Arkana so we can review the partner’s compliance.

6. Your Privacy Rights & Opt-Out Procedures

Plain-English Summary: We do our best with this Program, but there are some things we don’t guarantee. We aren’t liable if something goes wrong beyond our control. Also, if an affiliate does something illegal or bad with your info or messages, we are not responsible for their actions (though we try to partner only with good, compliant companies). You can’t sue us for a huge amount over this Program; our liability is limited.

*Service Provided “As-Is”: The Program (including all SMS/text message services and related data sharing) is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, Arkana disclaims all warranties of any kind, express or implied, regarding the Program. We do not guarantee that the messaging service will be uninterrupted, timely, secure, or error-free, or that the content of the messages will be accurate or complete. For example, due to dependence on mobile networks and third-party providers, there may be delays or failures in message delivery that are outside Arkana’s control.

No Warranty on Affiliate Offers: Any promotions, products, or services offered by Affiliate Partners via communications to you are solely the responsibility of those third parties. Arkana does not warrant or endorse any Affiliate Partner’s products or offers (unless explicitly stated in a joint promotion). We are not responsible if an affiliate’s offer is no longer valid, if their product is unsatisfactory, or if they fail to honor any advertised deal. Any transaction or engagement with an Affiliate Partner is solely between you and that partner, and is subject to their terms and conditions.

Limitation of Liability: To the fullest extent allowed by law, Arkana (and its officers, directors, employees, and agents) will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to the Program or these SMS Terms. This includes, for example, any loss of profits, loss of opportunity, costs of substitute services, or damages to your equipment or data, even if Arkana has been advised of the possibility of such damages. Arkana’s total cumulative liability for all claims arising from or related to the Program is limited to the lesser of: (a) the amount (if any) you paid to enroll in the Program (most likely $0, as the Program is generally free aside from your carrier charges), or (b) $100.00 USD. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you to the extent disallowed by law. No Liability for Third-Party Conduct: You agree that Arkana is not responsible for the acts or omissions of any third-party service providers or Affiliate Partners in connection with the Program. This means that if an Affiliate Partner misuses your information, sends unlawful or offensive messages, or otherwise violates the law or your rights, that partner is solely liable for its conduct, not Arkana. Similarly, Arkana is not liable for any third-party telecommunications issues (e.g., if your mobile carrier fails to deliver a message or cuts service). That said, if you believe an Affiliate Partner is acting in violation of these terms or the law, please inform us and we will investigate and take appropriate action (such as terminating the partnership or assisting you in addressing the issue).

Indemnification: You agree to indemnify and hold harmless Arkana and its affiliates, officers, and employees from any claim or demand (including reasonable attorneys’ fees) made by any third party due to or arising out of your violation of these SMS Terms or your violation of any law or rights of a third party in connection with your participation in the Program. For example, if you provide a phone number that isn’t yours and the actual owner complains or sues, or if you use the Program in a fraudulent manner, you agree to cover any costs or damages incurred by Arkana as a result.

7. Disclaimers & Limitation of Liability

Plain-English Summary: We do our best with this Program, but there are some things we don’t guarantee. We aren’t liable if something goes wrong beyond our control. Also, if an affiliate does something illegal or bad with your info or messages, we are not responsible for their actions (though we try to partner only with good, compliant companies). You can’t sue us for a huge amount over this Program; our liability is limited.

*Service Provided “As-Is”: The Program (including all SMS/text message services and related data sharing) is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, Arkana disclaims all warranties of any kind, express or implied, regarding the Program. We do not guarantee that the messaging service will be uninterrupted, timely, secure, or error-free, or that the content of the messages will be accurate or complete. For example, due to dependence on mobile networks and third-party providers, there may be delays or failures in message delivery that are outside Arkana’s control.

No Warranty on Affiliate Offers: Any promotions, products, or services offered by Affiliate Partners via communications to you are solely the responsibility of those third parties. Arkana does not warrant or endorse any Affiliate Partner’s products or offers (unless explicitly stated in a joint promotion). We are not responsible if an affiliate’s offer is no longer valid, if their product is unsatisfactory, or if they fail to honor any advertised deal. Any transaction or engagement with an Affiliate Partner is solely between you and that partner, and is subject to their terms and conditions.

Limitation of Liability: To the fullest extent allowed by law, Arkana (and its officers, directors, employees, and agents) will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to the Program or these SMS Terms. This includes, for example, any loss of profits, loss of opportunity, costs of substitute services, or damages to your equipment or data, even if Arkana has been advised of the possibility of such damages. Arkana’s total cumulative liability for all claims arising from or related to the Program is limited to the lesser of: (a) the amount (if any) you paid to enroll in the Program (most likely $0, as the Program is generally free aside from your carrier charges), or (b) $100.00 USD. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you to the extent disallowed by law. No Liability for Third-Party Conduct: You agree that Arkana is not responsible for the acts or omissions of any third-party service providers or Affiliate Partners in connection with the Program. This means that if an Affiliate Partner misuses your information, sends unlawful or offensive messages, or otherwise violates the law or your rights, that partner is solely liable for its conduct, not Arkana. Similarly, Arkana is not liable for any third-party telecommunications issues (e.g., if your mobile carrier fails to deliver a message or cuts service). That said, if you believe an Affiliate Partner is acting in violation of these terms or the law, please inform us and we will investigate and take appropriate action (such as terminating the partnership or assisting you in addressing the issue).

Indemnification: You agree to indemnify and hold harmless Arkana and its affiliates, officers, and employees from any claim or demand (including reasonable attorneys’ fees) made by any third party due to or arising out of your violation of these SMS Terms or your violation of any law or rights of a third party in connection with your participation in the Program. For example, if you provide a phone number that isn’t yours and the actual owner complains or sues, or if you use the Program in a fraudulent manner, you agree to cover any costs or damages incurred by Arkana as a result.

8. Compliance with Laws; Modification of Terms

Plain-English Summary: We follow the laws that apply (like telemarketing and privacy laws). If something here becomes illegal or changed by new laws, we’ll adjust as needed. We might update these terms over time, and we’ll notify you if we do. Also, these terms are in addition to our other website terms and policies.

*Applicable Law and Severability: These SMS Terms are intended to comply with all applicable United States laws and regulations, including telemarketing laws (such as the Telephone Consumer Protection Act and FCC rules), anti-spam laws (such as the CAN-SPAM Act for emails), and privacy laws (such as state consumer privacy acts). Arkana will interpret and apply these Terms to give maximum effect to your consent in a manner consistent with those laws. In the event any provision of these Terms is held by a court or regulatory authority to be invalid or unenforceable, that provision will be deemed modified or severed to the minimum extent necessary to make it valid and enforceable, and the remaining provisions of the Terms will remain in full force and effect.

No Waiver of Consumer Rights: Nothing in these Terms is intended to limit any non-waivable rights you might have under law. For instance, if a law gives you the right to revoke consent by a certain method, or not to be subject to certain types of data sharing without the ability to opt out, these Terms will be construed in accordance with such laws. Arkana’s failure to enforce any part of these Terms is not a waiver of our right to later enforce that or any other part of the Terms.

Modification of the Program or Terms: Arkana reserves the right to modify or terminate the SMS Program at any time. We may also update or make changes to these SMS Terms from time to time. If we make material changes, we will notify you by posting the revised Terms on our website and/or by sending a notice to the contact information you have provided (such as by text or email). Your continued participation in the Program after any changes constitutes your acceptance of the revised SMS Terms. If you do not agree to the changes, you should opt out of the Program as described above. We encourage you to review these Terms periodically for any updates.

Relationship to Other Agreements: These SMS Terms supplement and incorporate by reference Arkana’s general Terms of Service/Use and Privacy Policy. In the event of any direct conflict between these SMS Terms and the general Terms or Privacy Policy, these SMS Terms will control with respect to the subject matter herein (i.e., SMS marketing and affiliate data sharing consent). Otherwise, all other provisions of the general Terms and Privacy Policy remain in full effect and apply to your participation in the Program (for example, provisions regarding dispute resolution, arbitration or governing law in the general Terms would also govern any disputes under these SMS Terms, unless expressly contradicted here).

Governing Law: Except as otherwise provided by law, these SMS Terms and any disputes arising from them or the Program will be governed by the laws of the state in which Arkana is headquartered (excluding its conflict of laws principles), and applicable federal law (such as the Federal Communications Commission regulations). If the general Arkana Terms of Use specify a particular governing law or forum for disputes, the same governing law and forum shall apply here.

9. Contact Information & Notices

Plain-English Summary: If you have questions or need help (like to opt out or exercise your rights), here’s how to contact us. Also, if we need to reach you about these terms or the program, we’ll use your contact info.*If you have any questions, concerns, or comments about these SMS Terms or the Program, or if you wish to withdraw your consent or exercise any of your privacy rights as described in Section 6, please contact Arkana by any of the following methods:

• Email: [email protected] – You can email us with subject line “SMS Consent Inquiry” or similar, and include your name and the phone number or email address you used to sign up, along with your request or question.
• Phone: Call our customer support at 1-800-ARK-PETS (1-800-275-7387) during normal business hours. Please inform the representative that your call is regarding SMS marketing consent or affiliate data sharing.
• Mail: You may send written correspondence to Arkana Customer Care, ATTN: Privacy Department, 123 Pet Lane, Austin, TX 73301, USA. Please include your contact information and details of your request.

Arkana will respond to legitimate inquiries or requests as soon as reasonably practicable, generally within 30 days or as required by law. For opt-out requests, we strive to honor those immediately or within a few business days. Customer Support for SMS: If you need technical help with the SMS service itself, you can reply HELP to any Arkana text message, and we will send you instructions or a link to these terms. You can also contact us as noted above for assistance.Notices from Arkana: In addition to text messages, Arkana may send you important notices about the Program or your account via email or postal mail. It is your responsibility to keep your contact information with us up to date. Arkana is not liable if you fail to receive a communication due to outdated contact info or other issues outside our control.