Privacy Policy

ARKA Group L.P. and its affiliate companies, including but not limited to AMERGINT Technologies, Inc., Danbury Mission Technologies, LLC, The Stratagem Group, LLC, Lumacron Technology Limited, Lumacron US, LLC and Tethers Unlimited, Inc. (“ARKA,” “we,” “us” or “our”) recognize the importance of protecting the privacy of our online visitors. This Privacy Policy describes the types of personal information we collect from your visits to our websites including but not limited to https://arka.org/ and https://lumacron.com/ (collectively, the “Site”), how we may use such information and the purposes for which we may use it, with whom we may share it and the choices available to you. We also describe the measures we take to safeguard the information and tell you how to contact us about our privacy practices. Please note that this Privacy Policy does not cover ARKA’s data collection practices for ARKA’s employees, independent contractors and job applicants. ARKA’s California Employee, Independent Contractor and Job Applicant Privacy Notice can be found here and ARKA’s GDPR Employee, Independent Contractor and Job Applicant Privacy Notice can be found here.

PLEASE REVIEW THIS PRIVACY POLICY CAREFULLY. By using the Site or submitting information to or through the Site, you accept the terms of this Privacy Policy and our Terms of Use, and consent to our collection, use, disclosure and retention of your information as described in this Privacy Policy.

INFORMATION YOU PROVIDE TO US

We may obtain personal information about you in different ways. The types of personal data you may directly provide to us include: first and last name, email address, phone number, business area, company name and address, and any information you provide to us when you contact us through the Site.

INFORMATION WE COLLECT OR RECEIVE FROM OTHERS

We may update and supplement personal information that we have collected directly from you with other information that we obtain from third parties. We also may collect information about you from public records and third-party sources of information, including information that you have made public on websites associated with you or your company or on social media platforms such as LinkedIn.

INFORMATION WE COLLECT AUTOMATICALLY

When you access the Site, we may, ourselves or through a service provider, automatically collect, store and use information about your visits to the Site, such as:

• technical information, including the internet protocol (“IP”) address, browser type, internet service provider, device identifier, your login information, time zone setting, browser plug-in types and versions, operating system and platform, and geographical location;
• information about your visits and use of our Site, including the full Uniform Resource Locators (“URL”) clickstream to, through and from our Site, pages you viewed and searched for, page response times, length of visits to certain pages, referral source/exit pages, page interaction information (such as scrolling, clicks and mouse-overs), and Site navigation and search terms used;
• information collected by cookies, web beacons (including pixels and tags) and other technologies (collectively “Cookies”) (for more information on Cookies, please see the section entitled “Cookies and Other Technologies” below).

We use this data for our business purposes, including to (1) remember your information so you will not have to re-enter it; (2) track and understand how you use and interact with the Site; (3) personalize your visit to the Site; (4) measure the usability of the Site and the effectiveness of our communications; (5) otherwise manage and enhance the Site; and (6) for technical troubleshooting.

Cookies may be set and accessed on your computer. A “cookie” is a text file that websites send to a visitor’s computer or other internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” also known as an internet tag, pixel tag or clear GIF, links web pages to servers and may be used to transmit information collected through Cookies back to a web server. We refer to all of these technologies as “Cookies” for purposes of this Privacy Policy.

We, or our service providers, may use Cookies to customize and improve users’ visits to the Site, to deliver content tailored to users’ interests and the manner in which they browse the Site, and to manage the Site and other aspects of our business. Below is more detail about the types of Cookies that we may use:

• Required Cookies are required for the functioning of the website and may be used to implement security features or embed video or sound files. Disabling these Cookies will encumber the Site’s performance, and may make these services and features unavailable.
• Functional Cookies allow the Site to help maintain your session and remember choices you have made in order to provide functionality for your benefit. For example, functional “session” Cookies allow the Site to remember settings specific to you, which ultimately improve your web experience. Functional Cookies also include persistent Cookies which are used to remember your preferences when you subsequently visit our Site.
• Analytics Cookies may be used to gather statistics about the use of the Site to improve the performance and design of the Site. For these purposes, analytics Cookies collect information about your device type, operating system type, browser type, domain, other system settings, IP-address, referring URLs, information on actions taken on the Site and the dates and times of your visits, as well as the country and time zone in which your device is located. These Cookies are provided by third-party analytics providers, including Google Analytics and Wistia, and the information obtained through these Cookies will be disclosed to or collected directly by these third-party service providers. If you would like to opt out from the use of your information by Google Analytics, you may use Google Analytics’ opt-out browser add-on designed for this purpose.
• Advertising Cookies may be used to control and manage advertisements and our marketing initiatives. These Cookies may collect information about how you interacted with our Site, whether you interacted with an advertisement and whether you visited another website. Such Cookies help us to measure the effectiveness of our advertisements and to control and limit the frequency of advertisements and other information being displayed to you. Some of these Cookies are persistent Cookies, which remain on your computer or other internet-connected device for a certain period of time after you end your browsing session, unless you delete them. These Cookies are provided by third parties such as LinkedIn, YouTube and Google Ads.

You may restrict or disable the use of Cookies through your web browser, although doing so may prevent you from using the full features of the Site. Each type of web browser offers ways to restrict and delete cookies. For mobile devices, you can manage how your device and browser share certain device data by adjusting the privacy and security settings on your mobile device or browsers. To find out more about cookies, including how to manage and delete cookies, visit www.allaboutcookies.org.

We may collect information about your online activities on our Site to provide you with advertising about services tailored to your individual interests. We also may obtain information for this purpose from third-party websites on which our advertisements are served.

You may see certain advertisements on other websites because we work with advertising partners (including advertising networks) to engage in remarketing and retargeting activities. Our advertising partners allow us to target our messaging to users through demographic, interest-based and contextual means. These partners track your online activities over time and across websites, including our Site, by collecting information through automated means, including through the use of third-party cookies, web server logs and web beacons. They use this information to show you advertisements that may be tailored to your individual interests. The information our advertising partners may collect includes data about your visits to websites that participate in the relevant advertising networks, such as the pages or advertisements you view and the actions you take on the websites. This data collection takes place both on our Site and on third-party websites that participate in the ad networks. This process also helps us track the effectiveness of our marketing efforts. For example, we utilize certain of our advertising partners’ targeted advertising services to show you our advertisements on other websites based on your prior visits to our Site and other online activity.

Provided that a company participates in industry-developed programs designed to provide consumers choices about whether to receive targeted advertising, you may opt out of interest-based advertising generally through the Network Advertising Initiative website or by visiting http://www.aboutads.info/choices/ (web-based advertising) or http://www.aboutads.info/appchoices (for mobile advertising). To learn more, please visit the websites operated by the Network Advertising Initiative and Digital Advertising Alliance at www.networkadvertising.org/choices. Opting out does not mean that you will stop receiving advertisements from us. It means that you still stop receiving advertisements from us that have been targeted to you based on your visits and browsing activity across websites over time.

Some aspects of the Site may allow you to interface with other websites, social media, and other online services, such as LinkedIn and YouTube. We will attempt to identify these aspects of the Site to you, for example, by identifying them with the applicable third-party logos or trade names. By using these interfaces, you will allow us to access information about you from those other online services, including information and other content that you submit to those online services. If you interface with the Site through your social media account, we may contact you or enable you to share your experience and content via your social media account, which information may be publicly viewed by other users of those services.  For a description on how such social media services and other third-party platforms, plug-ins, integrations, and applications handle your information, please refer to their respective privacy policies and terms of use, which may permit you to modify your privacy settings with that service or platform.

We use the information we collect about you in order to provide the Site to you and improve our Site. In particular, we use the information to:

• Communicate with you, including by sending you information regarding changes to our policies, terms and conditions and other administrative information;
• Establish and manage our business relationships;
• Perform analytics (including market research, trend analysis, financial analysis, and anonymization of personal information);
• Operate, evaluate, develop, manage and improve our business (including operating, administering, analyzing and improving our Site; managing and evaluating the effectiveness of our communications; and performing other internal functions);
• Enforce this Privacy Policy, the Terms of Use, and any other terms that you have agreed to;
• Maintain and enhance the safety and security of our Site and prevent misuse;
• Protect against, identify and prevent fraud and other criminal activity, claims and other liabilities; and
• Comply with and enforce applicable legal requirements, relevant industry standards and policies.

We may share information collected about you in the following ways:

• With service providers to perform the functions for which we engage them. For example, we may use service providers to host and help operate the Site, provide analytics services for the Site, provide recruitment services or send email updates about the Site.
• With third parties for legal reasons, namely if we reasonably believe that disclosing the information is needed to (a) comply with any valid legal process, governmental request, or applicable law, rule, or regulation; (b) investigate, remedy, or enforce potential violations of our Terms of Use or this Privacy Policy; (c) protect the rights, property, and safety of us, our users, or others and/or to pursue available remedies or limit damages we may sustain; (d) detect and resolve any fraud or security concerns; (e) support external auditing, compliance and corporate governance functions; or (f) otherwise with your consent.
• With third parties as part of a corporate transaction, namely if we are involved in a merger, asset sale, financing, corporate divestiture, reorganization, or acquisition of all or some portion of our business to another company, or if we undergo liquidation or bankruptcy proceedings.

ARKA does not share your personal information with third parties for those third parties’ direct marketing purposes.

ARKA uses reasonable security measures designed to prevent unauthorized intrusion to the Site and the alternation, acquisition or misuse of personal information. However, due to the inherent open nature of the internet, we cannot assure you that the personal information we collect will never be disclosed in a manner inconsistent with this Privacy Policy. Inadvertent disclosures may occur. As a result of this and other factors beyond our control, we cannot guarantee the security of the information that you transmit to us, and you do so at your own risk.

For your convenience and information, the Site may contain links to other online services, and may include third-party features such as apps, tools, widgets and plug-ins. These online services and third-party features operate independently of ARKA. The privacy practices of these third parties, including details on the information they may collect about you, is subject to their own privacy policies or notices, which we strongly suggest you review. We are not responsible for the content of any online services that are not affiliated with ARKA, or any use of those services, or the privacy practices of those services.

Our Site does not currently take any action when it receives a Do Not Track request. Do Not Track is a privacy preference that you can set in your web browser to indicate that you do not want certain information about your webpage visits collected across websites when you have not interacted with that service on the page. For details, including how to turn on Do Not Track, visit www.donottrack.us.

We do not knowingly collect or maintain personal information from any person under the age of sixteen. No parts of our Site are directed to or designed to attract anyone under the age of sixteen.

Under Nevada law, ARKA does not sell your personal information. However, if you are a Nevada resident, you may submit a request that we not sell any personal information we have collected about you by contacting us as set forth below.

The California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (“CPRA”) provides California residents with specific rights regarding their personal information. The below describes such rights and how you may exercise such rights, and our information practices, including the categories of personal information we collect, use, retain, disclose, sell or share, and how and why we collect, disclose, sell or share such information.

Customers Rights

Right to Know

You have the right to request that we disclose what personal information we collect, use, disclose, sell or share. Specifically, you may request that we disclose to you the following:

1. The categories of personal information we have collected about you.
2. The categories of sources from which the personal information is collected.
3. The business or commercial purpose for collecting, selling or sharing personal information.
4. The categories of third parties with whom we disclose personal information.
5. The specific pieces of personal information we have collected about you.

You may also request that we disclose to you:

1. The categories of personal information that we have sold or shared about you and the categories of third parties to whom the personal information was sold or shared, by category or categories of personal information for each third party to whom the personal information was sold or shared.
2. The categories of personal information that we disclosed about you for a business purpose and the categories of persons to whom it was disclosed for a business purpose.

Right to Delete

You have the right to request that we delete any personal information about you which we have collected from you. If it is necessary for us to maintain your personal information for certain purposes, we are not required to comply with your deletion request. If we determine that we will not delete your personal information when you request us to do so, we will inform you and tell you why we are not deleting it.

Right to Opt Out of Sales or Sharing of Personal Information

You have the right to direct a business that sells or shares personal information about you to third parties not to sell or share your personal information. We do not sell your personal information for monetary consideration. However, we do use Cookies as stated above in the section titled “Cookies and Other Technologies” for targeted advertising purposes. The collection of data through Cookies for our targeting advertising purposes may be considered a “sale” and is considered “sharing” under the CPRA. To opt `out of having your information sold and shared with third-party website analytics and digital advertising service providers for this purpose, visit our Do Not Sell or Share My Personal Information web page.

Right to Correct Inaccurate Personal Information

You have the right to request a business that maintains inaccurate personal information about you to correct that inaccurate personal information, taking into account the nature of the personal information and the purposes of the processing of the personal information.

Right to Limit Use and Disclosure of Sensitive Personal Information

You have the right to direct a business that collects sensitive personal information about you to limit its use of your sensitive personal information (1) to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services; (2) for certain business purposes; and (3) as authorized by the implementing regulations of the CPRA. However, please note that ARKA does not collect any sensitive personal information.

No Discrimination

You have the right not to be discriminated against because you exercised any of your aforementioned rights.

How to Submit a Request

To exercise the rights described above, you must submit a verifiable request to us. You can do so by writing to us at ARKA Group, L.P. 100 Wooster Heights Road, Danbury, CT 06810 or by submitting a “Contact Us” form on arka.org/contact-us.

To submit a verifiable request, you will be asked to provide certain information to help us verify your identity. The information we ask you to provide to initiate a request may differ depending upon the type of request, the type, sensitivity and value of the personal information that is the subject of the request, and the risk of harm to you that may occur as a result of unauthorized access or deletion, among other factors.

You may designate an authorized agent to make a request on your behalf by providing the agent with signed written permission to do so.

If we cannot verify your identity or authority to make the request, we will not be able to comply with your request. We will inform you if we cannot verify your identity or authority. We will only use personal information provided in a verifiable request to verify the requestor’s identity or authority to make the request.

How We Collect, Use, Disclose, Sell and Share Personal Information

ARKA has collected the following categories of personal information and used, disclosed, sold or shared such information in the twelve (12) months prior to the effective date of this Privacy Policy:

• Identifiers, such as name, postal address, unique personal identifier, online identifier, internet protocol address, email address, or other similar identifiers.
• Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), such as name, address, telephone number.
• Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement.
• Geolocation data.

As noted above, ARKA does not collect any sensitive personal information.

Each of the above categories is disclosed for a business or commercial purpose as described above in the section titled “How We Use the Information We Obtain” to the third parties listed above in the section titled “Disclosure of Information We Obtain”.

ARKA collects the personal information described above from or through the following categories of sources:

• From you directly and indirectly, including when you contact us through the Site or information that you have made public on websites associated with you or your company or on social media platforms such as LinkedIn; and
• From service providers, including those that provide analytics services to help us understand the activity on the Site and those that assist us with recruitment and collecting job applications.

The following categories of personal information were sold or shared in the twelve (12) months prior to the effective date of this Privacy Policy:

• Identifiers, such as unique personal identifier, online identifier, internet protocol address, or other similar identifiers.
• Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement.
• Geolocation data.

Such information is sold to or shared with our third-party website analytics and digital advertising service providers.

We share or sell such information to:

• To provide and improve the Site
• To perform analytics on the Site
• To (a) remember your information so you will not have to re-enter it; (b) track and understand how you use and interact with the Site; (c) personalize your visit to the Site; (d) measure the usability of the Site and the effectiveness of our communications; (e) otherwise manage and enhance the Site and other aspects of our business; and (f) for technical troubleshooting
• To measure the effectiveness of our advertisements and to control and limit the frequency of advertisements and other information being displayed to you
• To maintain and enhance the safety and security of our Site and prevent misuse
• To protect against and prevent fraud and other criminal activity, claims and other liabilities
• To comply with and enforce applicable legal requirements, relevant industry standards and policies

ARKA will retain the personal information described above for as long as necessary to fulfill the purpose for which it was collected, or as required by applicable laws or regulation.

Personal Information of Minors

ARKA does not have actual knowledge that it sells or shares personal information about minors under the age of 16.

With respect to “personal data” as defined by Regulation (EU) 2016/679 (“GDPR”), any national law of an EU member state adopted pursuant to the GDPR, the United Kingdom (“UK”) Data Protection Act of 2018, and the Switzerland Federal Act on Data Protection (collectively, “European Data Protection Laws”) that we collect, we serve as the “controller.” For the types of personal data we may collect, please refer to the section titled “COLLECTION OF INFORMATION” above.

We provide the Site from servers located in the United States for arka.org and from servers located in the UK for lumacron.com. If you are accessing the Site from the EU, UK or Switzerland, we will only transfer your personal data to the United States or the UK through the use of appropriate safeguards.

European Data Protection Laws requires a “lawful basis” for processing personal data. Depending on the context of our processing, our lawful bases include where: (a) you have given consent to the processing for one or more specific purposes; (b) processing is necessary for the performance of a contract with you; (c) processing is necessary for compliance with a legal obligation; or (d) processing is necessary for the purposes of legitimate interests pursued by us or a third party which are not overridden by the fundamental rights and freedoms of data subjects.

We process personal data to operate the Site and as described in the section titled “HOW WE USE THE INFORMATION WE OBTAIN” above. To learn more about with whom we share your personal data please refer to the section titled “DISCLOSURE OF INFORMATION WE OBTAIN” above.

We will retain your personal data for as long as necessary to fulfill the purpose for which it was collected, or as required by applicable laws or regulation. Copies of information that you have updated, modified, or deleted will remain in our systems if applicable law requires us to retain it.

If you are an EU, UK or Switzerland resident, you have the following rights:

• Right of Access. You have the right to obtain confirmation as to whether your personal data is being processed, as well as access to the personal data along with certain information, including the purposes of the processing, the categories of personal data concerned and the recipients or categories of recipients to whom the personal data have been or will be disclosed.
• Right to Rectification. You have the right to rectify your inaccurate personal data and to complete any incomplete personal data, including by means of providing a supplementary statement.
• Right to Erasure or Right to be Forgotten. You have the right to erase your personal data under certain circumstances.
• Right to Restrict Processing. You have the right to restrict our processing of your personal data under certain circumstances.
• Right to Object. You have right to object, on grounds relating to your particular situation, at any time to our processing of your personal data, which is based on public interest or our legitimate interests, including the profiling of data. In this case, we will stop processing your data, except for where we have compelling legal grounds for the processing which override your interests, rights and freedoms, or for the exercise or defense of possible legal claims. You also have a right to object to the processing of your personal data for direct marketing purposes.
• Right to Data Portability. Under certain circumstances, you have the right to receive your personal data that you provided to us in a structured, commonly used and machine-readable format, and have the right to transmit such data to another controller without hindrance from us.
• Right to Withdraw Consent. If you have provided us with your consent for the processing of your personal data, you may withdraw your consent at any time to stop any further processing.
• Right to Lodge a Complaint. You have a right to lodge a complaint with a supervisory authority if you believe that our processing of your personal data violates the European Data Protection Laws. We would, however, appreciate the opportunity to address your concerns before you approach a supervisory authority, and would welcome you directing an inquiry first to us at the contact information provided in the section titled “QUESTIONS OR COMMENTS” below.

If you wish to exercise any of these rights, please contact us at the contact information provided in the section titled “QUESTIONS OR COMMENTS” below in writing. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions.

Please note that we may modify this Privacy Policy at any time, at our sole discretion, by posting the modified policy on our Site. The modifications will be effective upon posting, unless some other date is specified. You should review this Privacy Policy periodically so that you are aware of any modifications. Your use of the Site constitutes your full acceptance of the Privacy Policy in its then-current form.

If you have any questions, comments or concerns regarding this Privacy Policy and/or the practices described herein, please contact us by completing and submitting the “Contact Us” form available at arka.org.