Effective Date: 01/01/2021
Your privacy is critically important to us. At THE ARK, we have a few fundamental principles:
- We are thoughtful about the personal information we ask you to provide and the personal information that we collect about you through the operation of our services.
- We store personal information for only as long as we have a reason to keep it.
- We aim for full transparency on how we gather, use, and share your personal information.
What This Policy Covers
- Our website (theark.co) and
- Our other services offered through our website.
By visiting our website directly or through another site, you accept the terms and conditions of this Policy. Please note that we are not responsible for the content or privacy practices on any website not operated by THE ARK to which our Services links or that links to our Services.
Below we explain how we collect, use, and share information about you, along with the choices that you have with respect to that information. For instance, visitors to our website have the option to browse our website without providing personal data.
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Information We Collect
We only collect information about you if we have a reason to do so–for example, to provide our Services, to communicate with you, or to make our Services better.
We collect information in three ways: if and when you provide information to us, automatically through using our Services, and from outside sources. Let’s go over the information that we collect.
Information You Provide to Us
It’s probably no surprise that we collect information that you provide to us. The amount and type of information depends on the context and how we use the information. Here are some examples:
- Transaction and Billing Information: If you use our services – you may provide us with personal and payment information that is required to process the transaction and your payment, such as your name, email address, company name and address or your bank account information.
- Credentials: Depending on the Services you use, you may provide us with credentials for your website (like SSH, FTP, and SFTP username and password). For example, clients may provide us with these credentials in order to allow us to troubleshoot problems on their site or applications more quickly.
- Communications with Us (Hi There!): You may also provide us information when you respond to surveys, communicate with our us about a support question, post a question about your site in our public forums.
- Recruitment Process: If you have applied to take part of our recruitment process, THE ARK will maintain any personal data provided by you until the outcome of the recruitment process has been settled or until otherwise specified by you.
You are required to provide us with real and up-to-date data and should not provide personal data of third parties unless you have obtained consent from the third parties to transfer this data to THE ARK.
Information We Collect Automatically
We also collect some information automatically:
- Log Information: Like most online service providers, we collect information that web browsers, mobile devices, and servers typically make available, such as the browser type, IP address, unique device identifiers, language preference, referring site, the date and time of access, operating system, and mobile network information.
- Usage Information: We may collect information about what happens when you use our Services (e.g. page views) along with information about your device (e.g. screen size, name of cellular network, and mobile device manufacturer). We use this information to provide our Services to you, as well as get insights on how people use our Services, so we can make our Services better.
- Location Information: We may determine the approximate location of your device from your IP address. We collect and use this information to, for example, calculate how many people visit our Services from certain geographic regions.
The cookies our Services use are the following:
Information We Collect from Other Sources
We may also get information about you from other sources. For example, if you interact with our accounts on social media services (like Twitter or Facebook), we may receive information from those services (such as your username, basic profile information, and friends list) via the authorization procedures used by those services. The information we receive depends on which services you authorize and any options that are made available by them.
We may also get information, such as a mailing address, from third party services about individuals who are not yet our users (…but we hope will be!), which we may use, for example, for marketing and advertising purposes like postcards and other mailers advertising our services.
How and Why We Use Information
Purposes for Using Information
We use information about you as mentioned above and for the purposes listed below:
- To provide our Services – for example, to set up, maintain and host your website, backup and restore your applications, charge you for any of our paid Services;
- To further develop and improve our Services–for example, by adding new features that we think our users will enjoy or will help them to create and manage their websites and applications more efficiently;
- To monitor and analyze trends and better understand how users interact with our Services, which helps us improve our Services and make them easier to use;
- To measure, gauge, and improve the effectiveness of our advertising, and better understand user retention and attrition — for example, we may analyze how many individuals used our Services after receiving a marketing message or the features used by those who continue to use our Services after a certain length of time;
- To monitor and prevent any problems with our Services, protect the security of our Services, detect and prevent fraudulent transactions and other illegal activities, fight spam, and protect the rights and property of THE ARK and others, which may result in us declining a transaction or the use of our Services;
- To communicate with you, for example through an email, about offers and promotions offered by THE ARK and others we think will be of interest to you, solicit your feedback, or keep you up to date on THE ARK and our Services; and
- To personalize your experience using our Services, provide content recommendations (for example, through our posts on our social media profiles), target our marketing messages to groups of our users (for example, those who have been our client for a certain length of time), and serve relevant advertisements.
Legal Bases for Collecting and Using Information
A note here for those in the European Union about our legal grounds for processing information about you under EU data protection laws, which is that our use of your information is based on the grounds that:
- The use is necessary in order to fulfill our commitments to you under our Terms of Service or other agreements with you — for example, in order to charge you for a paid service; or
- The use is necessary for compliance with a legal obligation; or
- The use is necessary in order to protect your vital interests or those of another person; or
- We have a legitimate interest in using your information — for example, to provide and update our Services, to improve our Services so that we can offer you an even better user experience, to safeguard our Services, to communicate with you, to measure, gauge, and improve the effectiveness of our advertising, and better understand user retention and attrition, to monitor and prevent any problems with our Services, and to personalize your experience; or
- You have given us your consent — for example before we place certain cookies on your device and access and analyze them later on.
How We Share Information
We do not sell our users’ private personal information.
We share information about you in the limited circumstances spelled out below and with appropriate safeguards on your privacy:
- Third Party Vendors: We may share information about you with third party vendors who need to know information about you in order to provide their services to us, or to provide their services to you or your site or application. This group includes vendors that help us provide our Services to you (like payment providers that process your billing information, postal and email delivery services that help us stay in touch with you, customer chat and email support services that help us communicate with you), those that assist us with our marketing efforts (e.g. by providing tools for identifying a specific marketing target group or improving our marketing campaigns), and those that help us understand and enhance our Services (like analytics providers). We require vendors to agree to privacy commitments in order to share information with them.
- Legal Requests: We may disclose information about you in response to a subpoena, court order, or other governmental request.
- To Protect Rights, Property, and Others: We may disclose information about you when we believe in good faith that disclosure is reasonably necessary to protect the property or rights of THE ARK, third parties, or the public at large.
- With Your Consent: We may share and disclose information with your consent or at your direction. For example, we may share your information with third parties with which you authorize us to do so.
- Aggregated or De-Identified Information: We may share information that has been aggregated or reasonably de-identified, so that the information could not reasonably be used to identify you. For instance, we may publish aggregate statistics about the use of our Services.
- Published Support Requests: And if you send us a request (for example, via a support email or one of our feedback mechanisms), we reserve the right to publish that request in order to help us clarify or respond to your request or to help us support other users.
How Long We Keep Information
We generally discard information about you when we no longer need the information for the purposes for which we collect and use it — which are described in the section above on How and Why We Use Information — and we are not legally required to continue to keep it.
For example, we keep the web server logs that record information about a visitor to THE ARK’s website, such as the visitor’s IP address, browser type, and operating system, for approximately 30 days. We retain the logs for this period of time in order to, among other things, analyze traffic to THE ARK’s website and investigate issues if something goes wrong on our website.
While no online service is 100% secure, we work very hard to protect information about you against unauthorized access, use, alteration, or destruction, and take reasonable measures to do so, such as monitoring our Services for potential vulnerabilities and attacks.
You have several choices available when it comes to information about you:
- Opt-Out of Electronic Communications: You may opt out of receiving promotional messages from us. Just follow the instructions in those messages. If you opt out of promotional messages, we may still send you other messages, like those about your account and legal notices.
- Set Your Browser to Reject Cookies: At this time, THE ARK does not respond to “do not track” signals across all of our Services. However, you can usually choose to set your browser to remove or reject browser cookies before using THE ARK’s website.
You also have the option to opt out of Google Analytics by installing Google’s opt-out browser add-on .
- Discontinue our Services: While we’d be very sad to see you go, if you no longer want to use our Services, please keep in mind that we may continue to retain your information, as described in How Long We Keep Information above — for example, when that information is reasonably needed to comply with (or demonstrate our compliance with) legal obligations such as law enforcement requests, or reasonably needed for our legitimate business interests.
If you are located in certain countries, including those that fall under the scope of the European General Data Protection Regulation (AKA the “GDPR”), data protection laws give you rights with respect to your personal data, subject to any exemptions provided by the law, including the rights to:
- Request access to your personal data;
- Request correction or deletion of your personal data;
- Object to our use and processing of your personal data;
- Request that we limit our use and processing of your personal data; and
- Request portability of your personal data.
You can usually access, correct, or delete your personal data by contacting us at firstname.lastname@example.org.
EU individuals also have the right to make a complaint to a government supervisory authority.
Controllers and Responsible Companies
THE ARK LLC, a Switzerland-based company, is the controller for the processing activities across all of the Services we offer worldwide.
How to Reach Us
Other Things You Should Know (Keep Reading!)
- In the case of US based entities, entering into European Commission approved standard contractual arrangements with them, or ensuring they have signed up to the EU-US Privacy Shield; or
- In the case of entities based in other countries outside the EEA, entering into European Commission approved standard contractual arrangements with them.
- You can ask us for more information about the steps we take to protect your personal information when transferring it from the EU.
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