ARK Technologies – Privacy Privacy Statement

ARK Technologies Privacy Statement

Last Updated: February 28, 2024

At ARK Technologies (“ARK” or the “Company”), we are committed to protecting the privacy of our website visitors and clients.  We understand that the privacy and security of personal information that you provide to ARK is important to you. ARK maintains this Privacy Statement to demonstrate our commitment to protect  personally identifiable information that you may provide through the use of ARK products, services and the website (collectively the “Site”).

Please read this following Privacy Statement to understand how your personal information will be collected and used. This Privacy Statement may change from time to time, in our sole and absolute discretion. In the event we change this Privacy Statement, we will post an amended Privacy Statement on the Site so that you can always review what information we gather and how we might use that information.  Please check the Site at any time for the most recent version of our Privacy Statement.  ARK Technologies is the common business name, public name, internet name and “doing business” name of Praetorian, LLC, a New York limited liability company (“Praetorian”).  This Privacy Statement applies only to the ARK Site and related products and services, available at www.arkrisk.io,  and, unless otherwise stated on the Website, does not apply to any other website or service made available by affiliated entities of Praetorian, LLC.  Further, neither ARK nor Praetorian are responsible for the privacy practices or content of any other websites to which ARK may link.

Information Collected

ARK is an Enterprise SaaS solution for insurance compliance, providing automated evaluation of certificates of insurance and insurance policies.  To optimally use ARK, you may be required to submit personal and personally identifiable information (“Personal Information”).  We generally use the Personal Information we collect through the Site to conduct business activities such as website and product optimization, account administration, service, operations, billings and collections, marketing, customer service, technical support, and fraud prevention, and to ensure compliance with applicable laws and to enforce our Terms of Service. The types of Personal Information we collect may include, but are not limited to, the following:  name, address, phone number, email address, date of birth, federal identification number, IP address, and unique device IDs.

ARK may combine Personal Information collected on the Website with information collected elsewhere, and/or with information collected from other sources, including publicly available sources. We may use information we collect to generate anonymized or aggregated data from which personally identifiable information has been removed. Anonymized or aggregated information does not identify you, and our collection, use, and disclosure of such information is at our sole discretion, and not subject to any of the restrictions in this Privacy Statement.

Use of Information and Tracking

ARK, Praetorian, its employees, officers, and affiliates may have authorized access to Personal Information. We may also provide access to certain third parties who assist us in providing services to you such as website technology providers, billing, market research, fulfillment, mailing, data storage, analysis and processing, auditing and accounting and other insurance compliance services and legal services.

When you visit ARK, our computer system, like most, will automatically log some basic information about you and your computer, including, but not limited to, your IP address, unique device IDs, operating system and browser software.  We use this information to improve the website performance, for routine maintenance and to gather broad demographic information to help us decide how better to implement our Site.

Cookies Notice (effective February 28, 2024)

ARK may use “cookies” to track users as they move through our Site, with the longer term-objective of enhancing user experience. Cookies collect information about the User’s activity and navigation through the ARK Website.  If a user comes to our Site through a link on another web site, ARK may be required, as part of our agreement with that site, to provide that site with email addresses for the purposes of email suppression or email address invalidation. You can disable cookies through your browser, but some portions of the Site may not function properly as a result.  A cookie cannot read data from your computer’s hard drive.

There are different types of cookies we may use, which serve different purposes:

·       Session Cookies – these cookies are only stored on your computer during your web session.  They are automatically deleted when the browser is closed.  They do not collect any information and usually temporarily store an anonymous session ID to allow you to browse the website without having to log into each page

·       Persistent Cookies – these are permanent cookies stored as a file, or files, on your hard drive and remain there when you close your web browser.  They remain until they expire or are deleted by the user and allow the party that set them to recognize your browser when it visits our website or certain other sites.

·       First-Party Cookies – these cookies are created by the Company, and are stored and sent between our servers and your computer’s hard drive

·       Third-Party Cookies – these cookies are created by one of our third-party partners and are stored and sent between the third-party’s servers and your computer’s hard drive.  These are typically Persistent Cookies and enable third party features to be provided on or through the Site

Depending on the portion of the Site you are accessing, cookies may be used to (i) enable you to use our website’s features, (ii) remember choices you make and provide enhanced features, which cookies are usually de-identified and (iii) provide analytics to the Company on the User experience to improve Site functionality and efficiency.

ARK reserves the right to amend this cookies policy, at our discretion, at any time.  The Company will note such changes to this policy by updating the Notice effective date.  Your continued use of the Website following our posting of changes constitutes your acceptance of such changes.

With Whom Do We Share Your Personal Information?

We recognize that the information we collect from you may, in itself, or when tied together with other information, identify you as a specific individual. Your account information and personal data is maintained by ARK in order to fulfill our legal and regulatory requirements and to provide you with the information, products and services you have requested or which we believe you may be of value to you in the User experience.  We will not disclose, share, sell, or otherwise use your personal information without your consent, except to the extent required by law, in accordance with your instructions, or as identified in this Privacy Statement. We may share your personal information with:

Agents and Service Providers: We sometimes contract with other companies and individuals to perform functions or services for us or on our behalf, such as hosting this Website, sending e-mail messages, and making phone calls. They may have access to personal information, such as email addresses, needed to perform their functions, but are bound by contractual confidentiality obligations and are restricted from using personal information for any reason other than those defined in our contract.

Business Transfers: To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

Legal Matters: The Company may preserve, and has the right to disclose any information about you or your use of this Website without your prior permission if the Company has a good faith belief that such action is necessary to: (a) protect and defend the rights, property, or safety of the Company or its affiliates, other users of this Website, or the public; (b) enforce the terms and conditions that apply to use of this Website; (c) respond to claims that any content violates the rights of third parties; (d) respond to claims of suspected or actual illegal activity; (e) respond to an audit or investigate a complaint or security threat; or (f) comply with applicable law, regulation, legal process, or governmental requests.

Finally, we also reserve the right to disclose and transfer all of your information, including your personally identifiable information, to a successor company in connection with a merger, acquisition or sale of all, or components, of our business.

User options regarding data collection and use of information

On occasion, ARK may use your email address to send you communications with information, valuable tips, or services and product information that we believe may be of interest to you. If you do not want to receive such communications, simply contact us or click on the “opt-out” link contained in the email.

Please note that ARK will never share or sell your information without your permission, except as described in this Privacy Statement.

Children

Please note that our Site is a general audience web site. If you are under the age of 13 you should not register or provide information on this Site. We do not intentionally collect personal information from any person we actually know is a child under the age of 13.

Data Rights Request

In accordance with certain state laws, you may have the right to request a copy of the information we obtain about you.  You may also have the right to request that ARK deletes your personal information from our records.  In such instance, please email clientsuccess@arkrisk.io so that we may maintain a record of this request.

 

Privacy Notice for California Residents

This Privacy Notice for California Residents supplements the information contained in Privacy Statement and applies solely to all visitors, users, and others who reside in the State of California ("you").

In particular, our Website may collect the following categories of Personal Information from consumers over the next twelve (12) months:

Categories of information collected from you:

Category

Examples

Collected

A. Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.

YES

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.

YES

C. Protected classification characteristics under California or federal law.

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

NO

D. Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

NO

E. Biometric information.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

NO

F. Internet or other similar network activity.

Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

YES

G. Geolocation data.

Physical location or movements.

NO

H. Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information.

NO

I. Professional or employment-related information.

Current or past job history or performance evaluations.

NO

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. Examples: Education level, school attended.

NO

K. Inferences drawn from other personal information.

Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

NO

What Are Sources of Personal Information?

We may receive Personal Information from you from the following sources:

·      From you, through direct interactions, including forms.

·      Internet websites, through passive collection of information about your interactions, including page clicks, time spent, or other automatically collected metadata.

·      Internet cookies. For more information, see our Cookies Notice.

·      Advertising networks.

·      Internet service providers.

·      Data analytics providers.

·      Operating systems and platforms.

·      Observations from monitoring behavior.

·      Search terms.

·      Data brokers or resellers.

·      Social media services.

·      Government databases.

How Do We Use the Personal Information We Collect and With Whom Do We Share It?

See above about how we use Personal Information and with whom we may share it.

In addition, over the next 12 months, the Company may share the categories of personal information below collected from this Website to fulfill its business purpose.

Categories of Information Collected from You:

Category

Examples

Shared for Business Purposes

A. Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.

YES

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.

YES

C. Protected classification characteristics under California or federal law.

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

NO

D. Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

NO

E. Biometric information.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

NO

F. Internet or other similar network activity.

Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

YES

G. Geolocation data.

Physical location or movements.

NO

H. Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information.

NO

I. Professional or employment-related information.

Current or past job history or performance evaluations.

NO

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. Examples: Education level, school attended.

NO

K. Inferences drawn from other personal information.

Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

NO

Your Rights as a California Resident

Under California law, some California residents have specific rights regarding their Personal Information, described below. When required, we will respond to most requests within 45 days, unless it is reasonably necessary for us to extend our response time.

Right to Know and Data Portability

You have the right to request that we disclose to the you any of the information below, provided that you submit a valid and verifiable request:

·      The categories of Personal Information we have collected about you in the last 12 months (also called a data portability request).

·      The categories of sources for the Personal Information we have collected about you in the last 12 months.

·      Our business or commercial purpose for collecting that Personal Information.

·      The categories of third parties with whom we share that Personal Information.

·      The specific pieces of Personal Information we collected about you.

·      If we sold your Personal Information for a business purpose, a list of the Personal Information types that each category of recipient purchased.

·      If we disclosed your Personal Information to a third party for a business purpose, a list of the Personal Information types that each category of recipient received.

Right to Delete Personal Information

You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. If you submit a valid and verifiable request and we can confirm your identity and/or authority to make the request, we will determine if retaining the information is necessary for us or our service providers to:

·      Complete a transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you

·      Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;

·      Debug products to identify and repair errors that impair existing intended functionality.

·      Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;

·      Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.) or any other law or regulation;

·      Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent;

·      Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;

·      Comply with a legal obligation; and/or

·      Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

If none of the above retention conditions apply, we will delete your Personal Information from our records and direct any applicable service providers to do the same.

Right to Correct

If you believe any Personal Information collected by this Website is inaccurate, you have the right to submit a verifiable request that the Company correct the information.

Right to Limit Use

As a California resident, you also have the right to restrict sensitive Personal Information use and disclosure for the same. The Company does not collect sensitive personal information using the Web Site.

How to Exercise These Rights

To exercise your rights described above, please submit a verifiable consumer request to us as follows:

·      Email: clientsuccess@arkrisk.io

A “verifiable consumer request” means a request that provides sufficient information to enable us to reasonably verify you and fulfill your request. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Examples of information necessary include:

·      Confirmation of certain pieces of information about you, such as phone number and address;

·      Proof of identity;

·      Detail to allow us to understand, evaluate, and respond to your request.

Only you or a person legally authorized to act on your behalf may make a verifiable consumer request related to your Personal Information. You may make a verifiable consumer request for access or deletion no more than twice within a 12-month period. You will not be required to create an account with us in order to submit a verifiable request, though we may communicate with you about your request via a pre-established account if applicable.

Do Not Sell My Personal Information

Although the Company does not sell your personal information, you have the right to opt-out of sharing Personal Information for cross-context behavioral advertising purposes, also known as “targeted advertising.” Personal Information related to targeted advertising is generally collected through the use of third party cookies. To opt-out of sharing your personal information for cross-context behavioral advertising purposes, you can adjust your Website preferences. For more information about cookies, see our Cookies Notice.

Non-Discrimination

We will not discriminate against you for exercising any of your rights under California law. Unless permitted by law, we will not:

·      Deny you goods or services.

·      Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

·      Provide you a different level or quality of goods or services.

·      Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Updates and Questions

Modifications to this Privacy Statement will become immediately effective when posted.  However, if ARK makes material changes to this Privacy Statement, we will notify you here, by email, or by virtue of a posted notice on the Website.  If you have any questions about our Privacy Statement, please contact us.