PRIVACY POLICY

Effective Date: June 7, 2021

Last Updated: June 7, 2021

OUR COMMITMENT TO PRIVACY

At ARKH, Inc., (“ARKH,” “we,” “us,” and “our”), your privacy is incredibly important to us. This Privacy Policy describes what Personal Information (as we describe further below) we collect about you, our legal basis for processing the Personal Information, how the Personal Information will be used and shared, how the Personal Information will be stored, and your rights in relation to the collection of your Personal Information when you visit, use, or interact with the ARKH mobile application and application program interfaces, (“App” or “Application”), our website, https://arkh.com/, including any subdomains thereof and any and all services on our website (the “Website”), and all associated services, (collectively, the Application, Website, and associated Services shall be referred to herein as the “Services”). The Services specifically include any versions of the Services optimized for viewing on a wireless or tablet device, all email newsletters published or distributed by ARKH and all other interactive features, services, and communications provided by ARKH, however accessed and/or used, that are operated by us, made available by us, or produced and maintained by ARKH.

By using the Website, Application, and Services, you acknowledge that you have read and accepted this Privacy Policy and our privacy practices set forth below. This Privacy Policy, along with our End User License Agreement, is incorporated into and made a part of our Terms of Use (collectively, this Privacy Policy and our Terms of Use shall be referred to herein as the “Terms”). Terms that are capitalized, but not defined, in this Privacy Policy have the definitions provided in our Terms of Use.

This Privacy Policy applies to all users of the Service, including all visitors, browsers, vendors, and/or advertisers, (collectively, “you,” or “Users”). If you do not agree with any part of this Privacy Policy, you must not use the Service. Your continued use of the Service will constitute your acceptance of this Privacy Policy. Any new features or tools that are added to the current Service shall also be subject to this Privacy Policy. You can review the most recent version of this Privacy Policy at any time here. We reserve the right to update, change, or replace any part of this Privacy Policy, at any time, by posting updates and/or changes. It is your responsibility to check this Privacy Policy periodically for changes. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.

1. WHO IS ARKH

We are, as stated above, ARKH, Inc. We collect and process your Personal Information, as well as manage our third party service providers that additionally process your Personal Information.

The best way to contact us is through via email, at info@arkh.com. Additionally, you may write to us here:

CAPITOL SERVICES, INC.

1675 S STATE ST STE B

Dover, DE

Attention: ARKH, Inc.

2. CONFIDENTIALITY AND SECURITY OF PERSONAL INFORMATION

We have implemented commercially reasonable security measures and follow generally accepted industry standards to protect User’s Personal Information collected while utilizing the Services.

In addition, you play an important role in keeping your Personal Information secure. You should not share your username, password, or other security information for your account with anyone. If we receive instructions using your account, or your username and password, we will consider that you have authorized the instructions.

However, despite our efforts to maintain the confidentiality and security of the Services and your account, no method of transmission over the Internet and no method of electronic storage is completely secure. Although we make every effort to protect your Personal Information, we cannot guarantee its absolute security. As a result, we assume no liability or responsibility for disclosure of your Personal Information due to errors in transmission, unauthorized third-party access, or other causes beyond our control.

In addition, this Privacy Policy does not apply to information that:

• • We collect offline or on any other applications or websites, including websites you may access through the Application; and
  • You provide to or is collected by any third party.

Third party websites and apps may have their own privacy policies, which we encourage you to read before providing information on or through them.

3. PERSONAL INFORMATION WE COLLECT

The Services collect information, which includes Personal Information, about you. In this Privacy Policy, when we say “Personal Information,” we mean any information relating to an identified or identifiable individual; and an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number (e.g., a social security number) or one or more factors specific to that individual’s physical, physiological, mental, economic, cultural or social identity (e.g., name and first name, date of birth, biometrics data, fingerprints, etc.). We also collect information about your Internet connection, the equipment you use to access our Services, and your usage details.

a) We Collect Information:

• • Directly from you when you provide it to us (including email addresses and phone numbers, if you contact us); and
  • Automatically as you navigate through, interact with, and utilize the Services (information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies).

b) The Information we Collect on or Through our Services may Include:

• • Your account information: Your full name, email address, phone number, birthday, password and other information you provide with your account creation.
  • Your preferences: Your preferences and settings such as time zone and language.
  • Your activities: Certain details of your access to and use of the Website and the Application, including activities related to Your Content, your use of the Marketplace, traffic data, location data, logs, and other communication data and the resources that you access and use on or through the App.
  • Your browsing information: How long you used our Services, and which features of the Services you utilized.

We use the information you provide to us to enhance the functionality and improve the quality of our Services, and to personalize your experience while using our Services. We also use this information to display relevant marketing and other ARKH related information; provide support to you; communicate with you; and comply with our legal obligations.

c) The Information You Provide Us

When you download, install, register with, or use the App or the Website, we may ask you provide information certain information:

• • Including Personal Information by which you may be personally identified, such as name, postal address, email address, telephone number, etc.; and
  • That is about you but individually does not identify you.

This information includes:

• • Information that you provide by filling in forms in the App. This includes information provided at the time of registering to use the App, and subscribing to our Services, and creating, interacting with, and making Your Content, and requesting further services. We may also ask you for information when you report a problem with the App.
  • Records and copies of your correspondence (including email addresses and phone numbers) if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out through the App (including in the Marketplace) and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the App.
  • Your search queries on the App (including in the Marketplace).

• The Information We Collect Automatically

We may automatically collect certain information about the computer or devices (including mobile devices) you use to access the Services, and about your use of the Services, even if you use the Services without registering or logging in.

a) Usage information: Details of your use of our Services, including traffic data, location data, logs and other communication data and the resources that you access and use on or through our Services.

b) Computer and device information: Information about your computer, Internet connection and mobile device, including your IP address, operating systems, platforms, browser type, other browsing information (connection, speed, connection type etc.), device type, device's unique device identifier, mobile network information and the device's telephone number.

c) Location information: We, or our third-party service providers, may collect your location information while you utilize the Services, which may include your IP address.

d) Your preferences: Your preferences and settings such as time zone and language.

e) Your Content: When you create, share, or make Your Content available on or through the Services, including in the Marketplace, we will collect all the information regarding that Content.

f) Your activity on the Services: Information about your activity on the Services, such as your search queries in the Marketplace, comments, domain names, search results selected, number of clicks, pages viewed and the order of those pages, how long you visited our Services, the date and time you used the Services, error logs, and other similar information.

f) Mobile status: For mobile application users, the online or offline status of your application.

• Payment Information

For certain portions of our Services, and in certain cases (such as purchases through the Marketplace), payment information will be required. ARKH does not store or directly access any of your payment information. Instead, ARKH utilizes third party payments processors to process your payment information.

As stated above, ARKH does not directly store your payment information, and ARKH does not have direct responsibility or control over such information. ARKH’s agreements with the third parties service providers require them to keep the information secure and confidential.

ARKH cannot and does not guarantee that the transmission of your payment information will always be secured against access from unauthorized third parties. There is always the chance that unauthorized third parties will be able to defeat the security measures taken by ARKH or the third parties we have contracted with. ARKH makes no representations or warranties and assumes no liability or responsibility for improper access to or disclosure of your payment information due to unauthorized third-party access, errors in transmission, or other causes beyond ARKH’s control. To help in this process, you should never share your username, password, or other information pertaining to your ARKH account with anyone.

• Cookies

We use “cookies,” which are small data files placed and stored on your computer and mobile devices, to help you manage your use of the Website, Application and Service. ARKH may utilize several types of cookies. Specifically, we may use the following types of Cookies on the Services:

1. Persistent cookies - Persistent cookies remain on a visitor’s computer or device for the set period of time specified in the cookie. Persistent cookies are activated each time that the visitor visits the Website that created that particular cookie.
2. Session cookies - Session cookies are temporary and allow users to be recognized within a Website so any page changes or item or data selection you do is remembered from page to page. The most common example of this functionality is the shopping cart feature of any e-commerce site. When you visit one page of a website, and select some items, the session cookie remembers your selection so your shopping cart will have the items you selected when you are ready to check out.
3. Strictly necessary cookies - Strictly necessary cookies are essential to navigate around the Website and to use its features. Without them, visitors would not be able to use basic services like registration. These cookies do not gather information about visitors that could be used for marketing or remembering where a visitor has been on the internet.
4. Performance cookies - Performance cookies collect anonymous data for statistical purposes on how visitors use a service, they do not contain Personal Information, and are used to improve the visitor experience.

• • ARKH May Utilize Cookies for the Following Purposes

1. To recognize you as a regular User;
2. To remind us of who you are;
3. To estimate our audience size by determining repeat usage of the Website, Application and Service to help target advertisements based on user interests and behavior;
4. To track your progress;
5. To measure traffic patterns for use as a research tool to understand how our Users’ habits are similar or different from one another; and
6. To conduct other research.

• • How Can You Control Cookies

You can set your browser to notify you when you receive a Cookie, in order to give you the chance to determine whether or not to accept it. If you do not accept Cookies, some pages of the Website or our Service may not display properly, or you may not be permitted to access certain information.

• Other Analytical Tools

ARKH may also use analytic tools and services to understand how effectively the Services and Website are performing, what interests you and other Users, and to help improve how the Website, Application, and Services are performing. This may include using web beacons and Performance Cookies to count the number of visitors to the Website and to track the number of Users accessing the Services.

• Do Not Track Signals

Please note that your browser setting may allow you to automatically transmit a “Do Not Track” signal to websites and online service you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, ARKH does not alter its practices when it receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

• Legal Basis for Processing Personal Information

ARKH may collect, store, and/or process your Personal Information because:

• • • • We have a legally binding contract with you;
      • You have given consent to do so;
      • We are providing the Services to you; and/or
      • To comply with applicable law.

For of these reasons, ARKH may legally collect, store, and/or process the Personal Information we have about you.

4. PURPOSES FOR WHICH WE WILL PROCESS PERSONAL INFORMATION

We make every effort to identify the purposes for which we will collect, store, process, and/or disclose your Personal Information at or before the time the information of such processing. We will process your Personal Information only for the purposes disclosed at the time of collection or as otherwise set out in this Privacy Policy, unless we have your consent for another purpose, or unless such other use is authorized or required by law.

• Why We Collect Personal Information

Our policy is to collect Personal Information from you, and to use that Personal Information, for the following purposes:

1. 1. 1. to generate analytics for the improvement of the Website, Application, and Service;
      2. to provide Services to you where we have entered into a contract with you;
      3. to do so in accordance with the consent you have provide ARKH;
      4. to market and promote the Services;
      5. to maintain a commercial relationship with you and to communicate with you (which may include advertising, promotions, and account verification);
      6. to identify your needs and/or preferences;
      7. to meet legal and regulatory requirements;
      8. administer the Website, Application, and Services to diagnose and resolve technical problems;
      9. send you notifications and communications to the email address that you have provided in relation to the Services;
      10. generate, create, and review reports and other data about the Users on the Website and to conduct research on the Website and any usage or patterns;
      11. to maintain, manage, and improve the Services and our business operations; and
      12. as otherwise required by law.

• Aggregated and De-Identified Information

ARKH may aggregated and de-identify collected information, including Personal Information. ARKH may use, process, or disclose any such aggregated and/or de-identified information in accordance with applicable law, which does not generally restrict or prohibit the use of aggregated and/or de-identified information. Accordingly, no such use is prohibited by this Privacy Policy, and all such anonymized and de-identified information may be used and disclosed to third parties without limitation.

5) SHARING OF PERSONAL INFORMATION

We do not rent, trade, or share Personal Information with third parties, except to provide our Services, which you requested when we have your permission, as disclosed in this Privacy Policy, or under the following circumstances:

1. We may share your Personal Information with third parties for our payment processing functions, when such parties are prohibited from using your Personal Information for any non-authorized purposes;
2. We may share your Personal Information with third parties to send out our marketing materials;
3. We may share aggregated Personal Information with third-party search engines for the purpose of conducting analytics;
4. We may share your Personal Information with third-party consultants, developers, and authorized service provides, including cybersecurity partners, infrastructure partners, fraud analytics companies, analytics service providers, customer support service providers, payment providers, and similar partners;
5. We may share your Personal Information with affiliates;
6. We may share your Personal Information if required by law and if we believe that the disclosure is required or necessary to protect our rights and/or comply with a judicial processing or legal process served on our Website, Application, or Service;
7. We may share Personal Information if we believe that it is required in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, a potential threat to the physical safety of a third party, or as otherwise required by law;
8. We may share your Personal Information in connection with any company transaction, such as a merger, sale of all or a substantial portion of our assets or shares (including a change of control or acquisition of all or a portion of our business), reorganization, or in the event of bankruptcy, dissolution, divestiture or any related or similar proceedings. You will be notified via email of any such change in ownership or control of Personal Information;
9. We may share your Personal Information for any other purpose disclosed by us when you provide the information.
10. We may share Personal Information with our legal, financial, and other professional advisors; or
11. We may share Personal Information with third parties upon receiving your consent as required by law.

Except as provided above, we will not share any of your Personal Information with any third-party without your consent.

1. ACCESS TO YOUR PERSONAL INFORMATION

You can review, update, delete, or correct your Personal Information on file with us online or in person at any time. To access your Personal Information, we require a written request; unless you login to your account and update your Personal Information yourself directly, when and as available. Upon receipt of any written request, we will take commercially reasonable steps to provide you with the opportunity to access any such information. You should send any written requests to us at info@arkh.com.

Should you decide to delete your Personal Information and/or your account, ARKH will only store your Personal Information until you delete your account or contact ARKH to inform us that you would like your information and/or Personal Information deleted. Please note that upon request, ARKH will remove or delete your Personal Information in accordance with applicable law.

1. YOUR LEGAL RIGHTS

If you are currently a resident of the European Economic Area (“EEA”) you have certain rights related to your Personal Information. Below are the rights that you have under applicable law, and what ARKH does to protect and preserve those rights. If you have a question about any of the rights below, or would like to exercise any of these rights, please contact ARKH at info@arkh.com.

Legal right		What ARKH Does
The right to be informed		ARKH has created and published this Privacy Policy to keep you and other Users informed as to what ARKH does with your information and Personal Information. We strive to be transparent about how we use your Personal Information.
The right to access		You have the right to access your information and Personal Information. Please contact ARKH if you have any questions about our practices or wish to access the Personal Information we have about you.
The right to rectification		If any of the information or Personal Information ARKH has about you is inaccurate or not complete, you have the right to ask ARKH to correct it. ARKH must also ask any third parties to correct any such data in their possession if it has passed onto them in accordance with this Privacy Policy.
The right to erasure		If you would like ARKH to erase all of your Personal Information in its possession and ARKH does not have a legal reason to continue to process and store it, we will erase your Personal Information in accordance with your request and this Privacy Policy.
The right to restrict processing		You have the right to ask ARKH to restrict how your Personal Information is processed. In that case, ARKH will keep just enough data to make sure we respect your request in the future.
The right to object		You may, at any time, object to how ARKH is processing your Personal Information, even if it is being done so in accordance with this Privacy Policy.
The right to withdraw consent		If you have previously given ARKH your consent to process your Personal Information, but later change your mind, then you have the right to withdraw your consent, at any time, and ARKH will stop processing your Personal Information.
The right to complain to a Supervisory Authority		You have the right to complain to a supervisory authority if you feel that ARKH has not responded to your requests or complaints. You may find your supervisory authority here: https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm

In addition to the rights available to EEA residents above, anyone utilizing our Services may have options available under applicable law. If you would like to request to review, correct, or delete Personal Information that you have previously provided to ARKH, or if you would like to request to receive an electronic copy of your Personal Information in order to transmit the Personal Information to another company (to the extent the right to data portability is provided to you by applicable law), you may contact us at info@arkh.com. In your request, please specifically state what Personal Information you would like to access. We may require that you verify your identity, in accordance with applicable law, before responding to any such requests. We will respond to and process all requests consistent with applicable law.

Please note that your request will not ensure complete or comprehensive removal of the information or Personal Information.

1. EMAIL REQUESTS FOR PERSONAL INFORMATION

We will never initiate a request for Personal Information by email. If you receive a request by email or pop-up window, please do not respond and notify us immediately.

If you ever believe that you have been a victim of fraud, please report it to the police and take all available actions to protect yourself. Also, please notify us, so that we can take all possible actions to protect you and the other visitors, registered users, and subscribers.

1. LINKS TO THIRD PARTY WEBSITES

The Service may, from time to time, contain links to and from websites owned or operated by third-party companies or service providers. If you follow a link to any of these third party websites, please note that these services have their own privacy policies and that ARKH does not accept any responsibility or liability for those companies or their privacy practices. You should review the individual privacy policies before you submit any information to those websites or services.

1. CHILDREN

We are committed to protecting the privacy of children. In furtherance of this commitment, we restrict the use of our Service to persons thirteen (13) years of age or older. We do not knowingly or intentionally collect Personal Information from children under the age of thirteen (13). If we become aware that we have collected Personal Information from a minor without verification of parental consent, then we will immediately remove that information from our servers.

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your California Privacy Rights for more information.

1. CONTACT WITH YOU

We may use your email address to contact you from time to time, in order to send notices required by law, to provide information regarding our Website, Application, or our Service, or to resolve any complaint or suspicious transactions. You may at any time choose to unsubscribe (or “opt-out”) of any of our mailings, either by adjusting your membership settings or by contacting us at info@arkh.com.

1. CHANGES AND UPDATES TO THIS PRIVACY POLICY

We may amend this Privacy Policy at any time at our sole discretion and without prior notice. You should check back with us from time to time in order to confirm that there have been no significant changes.

Please note that the use of information that we gather is subject to the Privacy Policy then in effect at the time of use.

1. OTHER LEGAL NOTICES

If you ever have a dispute over privacy or security, it will be subject to this Privacy Policy and our Terms of Service. We will always make every effort to resolve any concerns that you have regarding privacy that arises in connection with this Privacy Policy.

1. YOUR CALIFORNIA PRIVACY RIGHTS

If you are a California resident, you have the right to request information from us regarding the Pursuant to California Civil Code Section 1798.83, California residents who provide us with Personal Information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us, one time per calendar year, information about the customer information we shared, if any, with other businesses for their own direct marketing uses. if this applies to you, then California law provides that you have the right to submit a request to us at our email address in order to receive information on the categories of customer information that we shared and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year. To obtain this information, please send an email message to info@arkh.com with “Request for California Privacy Information” in the subject line and in the body of your message. We will provide the requested information to you in your email address in response.

Please be advised that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.

1. INTERNATIONAL USERS

Because we are a U.S. company, we process and store your information in the United States and our service providers may process and store it elsewhere.

If you are accessing our Website, our Application, or Service from the EEA, Asia, or any other region with laws or regulations governing Personal Information collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Website, Application, or Service, which is governed by U.S. law and this Privacy Policy as incorporated into our Terms of Service, you will be transferring and processing your Personal Information out of your jurisdiction and into the United States and you consent to that transfer.

1. CONTACT US

If you have any questions or concerns over this Privacy Policy or if you need further information regarding the access to your Personal Information, or how your Personal Information is used, you may contact us at info@arkh.com.