This Privacy Policy applies to the present website (“Website”) owned or run by ARK TRADE AG (“ARK TRADE”) and serves to describe in accordance with European General Data Protection Legislation (“GDPR”) and local applicable laws the way ARK TRADE collects, processes, uses and stores data through the Website or connected thereto as well as with whom such data might be shared. By accessing or using the Website, this Privacy Policy is deemed to be accepted by the individual user. In case a user should not agree to any part of this Privacy Policy, the user must discontinue using the Website. Through the Website, ARK TRADE might collect personal information (“Personal Information”), automatically collected information (“Automatically Collected Information”) (collectively “Collected Data”), as well as generic information (“Generic Information”). In case of questions about ARK TRADE’s use of personal information, cookies or other technologies please email the ARK TRADE privacy team at legal@ark.trade.

 

Personal Information

If a user provides any Personal Information to us, that user is deemed to have authorized ARK TRADE and the members of the ARK TRADE Group, in particular, to collect, retain and use that Personal Information for the following purposes:

1. Verifying user’s identity;
2. Verifying the eligibility to register as a user of the Website;
3. Processing the registration as a user, providing a login ID for the Website and maintaining and managing user’s registration;
4. Providing the user with customer service and responding to the user’s queries, feedback, claims or disputes;
5. To facilitate communication between buyers and sellers on the Website;
6. Performing research or statistical analysis in order to improve the content and layout of the Website, to improve our product offerings, and services, and for marketing and promotional purposes;

7. If the user voluntarily submits any information to the Website for publication on the Website through the publishing tools, including but not limited to, Company Profile, Product Catalog and any discussion forum, then the user is deemed to have given consent to the publication of such information on the Website ("Voluntary Information"); and
8. Making such disclosures as may be required for any of the above purposes or as required by law or in respect of any claims or potential claims brought against ARK TRADE or any member of the ARK TRADE Group.

 

Personal Information, i.e., information which identifies a user personally, can be collected when accessing the Webpage. Further Personal Information will be collected once an individual user opens a User Account for himself/herself, or for a company or legal entity. Such Personal Information might include, without limitation, the following: name, address, phone number, email address, bank account details, company name, position in the company, country of origin, information provided in connection with employment applications, usage data as well as the information provided in connection with the User Account.

 

Generic Information

ARK TRADE retains the right to remove the personal identifiers from Personal Information in order to use the anonymized information in particular, but without limitation, for statistical purposes.

 

Automatically Collected Information

ARK TRADE retains the right to use certain technologies which automatically collect certain types of information. ARK TRADE might furthermore receive certain information sent by the device(s) used by a user in order to access the Website. Automatically Collected Information might include, without limitation, the following: IP address, unique device identifiers, browser types, information from Cookies and other technologies.

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Usage

ARK TRADE may use the Collected Data in particular, but without limitation, for statistical purposes, for the improvement of the user experience, the Website and any services related thereto, in order to prevent technical issues or malicious attacks, to comply with applicable laws and regulations as well as to operate ARK TRADE’s business (“Purpose”). In case the user opts during the setup of a user account, Purpose shall also include the use of the Collected Data for marketing purposes.

 

Personal Data Used for Website Usage Analytics

ARK TRADE may collect and process information about a user’s visit to this Website, such as the pages the user visits and some of the searches the user performs, for example through Google Analytics (USA). Such information can be used by ARK TRADE in order to help improve the contents of the Website and in particular to compile aggregate statistics using the Website, for internal market research purposes. In doing this, ARK TRADE may install cookies that collect the domain name of the user, user’s internet service provider, user’s operating system, and the date and time of access. A cookie is a small piece of information, which is sent to user’s browser and stored on the user’s computer’s hard drive (“Cookies”). By applying the corresponding browser settings, the user has the option to permit or prohibit the use of Cookies. However, if the use of Cookies is prohibited, parts or all of the Website might not be accessible or usable.

 

Social Media Networks

The Webpage may contain features connected to third party social media networks (“Social Media Networks”), including without limitation Facebook, Twitter, LinkedIn, YouTube, Snapchat, Instagram, etc. This may include, without limitation, any social media information that is publicly available, such as social media handles, social media interactions and postings, “Likes” and other reactions, the user’s social media connections or photos. This information is provided to ARK TRADE by the Social Media Network (e.g., Facebook, Twitter, LinkedIn, YouTube, Snapchat, Instagram, etc.) directly or indirectly through agencies, as applicable. Social Media Networks might collect data concerning the user and the use of the Webpage as well as the Social Media Networks, including without limitation through the use of Cookies. All use and interaction with Social Media Networks, whether on or through the Webpage, or on or through the Social Media Networks shall be subject to the Privacy Policy or Policy of Use of the specific Social Media Networks. ARK TRADE disclaims all responsibility and liability for the use of and interaction with Social Media Networks.

 

Retention/Sharing

ARK TRADE shall only retain the Collected Data for the period such Collected Data is required for the Purpose. ARK TRADE is furthermore permitted to retain the Collected Data in order to fulfil its legal, compliance or regulatory obligations. The Collected Data may be transferred to computers or servers located outside of Switzerland or the European Economic Area (EEA).
ARK TRADE retains the right to share the Collected Data with the members of the ARK TRADE Group as well its Affiliates for the Purpose, as well as with third parties for further processing strictly limited to the Purpose. ARK TRADE shall also be permitted to share the Collected Data with authorities, government agencies, courts etc. as required by law, order or regulation. ARK TRADE strives to make sure all measures reasonably necessary are in place in order to keep the Collected Data secure and treat it in an appropriate manner.

 

Legal Grounds/User Rights

Legal Basis for Processing Personal Data under the General Data Protection Regulation (GDPR).
If a user is from the European Economic Area (EEA), ARK TRADE’s legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Information ARK TRADE might collect and the specific context in which it is collected. ARK TRADE may process a user’s Personal Information because:
 

• The user has given ARK TRADE the permission to do so, or

• The processing is necessary for the performance of a contract to which the user is a party or in order to take steps at user’s request prior to entering into a contract, or

• The processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by user’s interests or fundamental rights and freedoms which require protection of personal data, or

• To comply with the law or regulations
 

In case the General Data Protection Regulation (GDPR) of the European Union applies to a user, such user shall have the following rights in accordance with the aforementioned: to request information on the Collected Data, receive a copy of the Collected Data and request the modification, correction or deletion of the Collected Data, object to the processing of the Collected Data, receive the Collected Data in a structured, commonly used and machine-readable format or have the Collected Data transferred to another data controller if technically feasible, unless there are legal, regulatory or compliance-related grounds which prevent ARK TRADE from doing so. If you have any questions about the processing of the Collected Data or about our Privacy Policy you are welcome to contact ARK TRADE's privacy team, who is also available regarding requests for information, suggestions or complaints. Please contact ARK TRADE at Suurstoffi 41, 6343 Rotkreuz, Switzerland, attn. Privacy Team, or at legal@ark.trade.

 

Children

The Webpage is not intended for use or access by children under the age of 18 (“Children”). ARK TRADE does not intend and/or does not knowingly intend to collect or collect data from Children.

 

Disclosure of Data

Disclosure for Law Enforcement. Under certain circumstances, ARK TRADE may be required to disclose a user’s Personal Information if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).

 

Legal Requirements

ARK TRADE may disclose a user’s Personal Information in the good faith belief that such action is necessary:
 

• To comply with a legal obligation

• To protect and defend the rights or property of ARK TRADE

• To protect the personal safety of users or the public

• To protect ARK TRADE against legal liability

 

Security of Data

The security of your data is important to us. Please remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, ARK TRADE will strive to implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, however, ARK TRADE cannot guarantee its absolute security.

 

Updates to Privacy Policy

ARK TRADE reserves the right to modify the Privacy Policy at any given time. Any such changes to this Privacy Policy shall be promptly published on this page. Continued use of this Website indicates your consent to the use of newly submitted information in accordance with the amended ARK TRADE Privacy Policy.

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The effective date of this Privacy Policy is May 2020.