Privacy Policy

Introduction

AccuArk© ("we," "us," or "our") respects your privacy and is committed to protecting the personal information you share with us. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our website and software services.

By using AccuArk© services, you consent to the data practices described in this policy. If you do not agree with this policy, please do not use our services.

Information We Collect

Information You Provide

We collect information that you voluntarily provide when you:

• Create an account or subscribe to our services
• Fill out contact forms or request information
• Contact our support team
• Participate in surveys or promotions

This information may include:

• Name and business name
• Email address
• Phone number
• Billing address
• Payment information (processed securely through payment providers)

Information Collected Automatically

When you access our website or use our software, we may automatically collect:

• Device information (browser type, operating system, device type)
• IP address and general geographic location
• Log files including access times and referring URLs
• Pages visited, time spent on pages, and click patterns
• Usage data and interaction with our services
• Cookies and similar tracking technologies (see Cookie Policy below)

Business Data

When you use AccuArk© software, your business data is stored on our secure servers. This data belongs to you and is used solely to provide our services. Business data may include:

• Financial and Transaction Records: Sales, purchases, invoices, payments, and accounting entries
• Employee and Payroll Data: Employee profiles, schedules, payroll information, and HR records
• Customer Information: Customer names, contact details, purchase history, and loyalty program data
• Inventory Data: Product catalogs, stock levels, pricing, and supplier information
• Multi-Location Operational Data: Location-specific settings, performance metrics, and inter-location transfers

Newsletter and Communications

If you subscribe to our newsletter or opt-in to marketing communications:

• We collect your email address and name
• We may track email opens and link clicks to improve our communications
• You can unsubscribe at any time using the link in any email

How We Use Your Information

We use the information we collect to:

• Provide, maintain, and improve our services
• Process transactions and send related information
• Send administrative information, updates, and security alerts
• Respond to your inquiries and provide customer support
• Send marketing communications (with your consent)
• Monitor and analyze usage patterns to improve our services
• Detect and prevent fraud or unauthorized access
• Comply with legal obligations

Legal Basis for Processing (GDPR)

For users in the European Economic Area (EEA) and the United Kingdom, we process personal data on the following legal bases:

• Contract Performance: Processing necessary to deliver the services you have subscribed to, including account management, billing, and data storage
• Legitimate Interests: Analytics and service improvement, fraud prevention, security monitoring, and customer support optimization — where these interests are not overridden by your data protection rights
• Consent: Marketing communications, non-essential cookies, and optional data collection features. You may withdraw consent at any time
• Legal Obligation: Retention of tax records, financial compliance reporting, and responding to lawful requests from authorities

You have the right to object to processing based on legitimate interests. See Your Rights and Choices below.

Information Sharing

We do not sell your personal information. We may share your information with:

• Payment Processors: We use Stripe and PayPal to process payments. Your payment information is shared directly with these processors and is subject to their privacy policies.
• Service Providers: Third parties who help us operate our business (hosting providers, email services, etc.)
• Affiliate Partners: If you were referred by an affiliate, limited information (subscription status, not personal details) may be shared with them for commission tracking purposes
• Legal Requirements: When required by law, subpoena, or court order, or to protect our rights, property, or safety
• Business Transfers: In connection with a merger, acquisition, or sale of assets, your information may be transferred as part of the transaction

International Data Transfers

AccuArk© servers are located in the United States. If you access our services from outside the United States, your information may be transferred to, stored, and processed in the United States.

For users in the EEA and the United Kingdom, we protect international data transfers using:

• Standard Contractual Clauses (SCCs): EU-approved contractual terms that provide adequate data protection for cross-border transfers
• Adequacy Decisions: Where applicable, we rely on adequacy decisions by the European Commission

By using our services, you acknowledge and consent to the transfer and processing of your data in the United States, subject to the safeguards described in this policy.

Data Processing Agreement

When you use AccuArk© to store and manage your business data, the following data processing terms apply:

Roles and Responsibilities

• You (the subscriber) are the data controller — you determine the purposes and means of processing the business data you enter into AccuArk©
• AccuArk© acts as the data processor — we process your business data solely on your behalf and according to your instructions as expressed through your use of the Services

Processing Scope

• We process your business data solely to provide and maintain the subscribed services
• We do not use your business data for any secondary purpose, including marketing, profiling, or sale to third parties
• Processing is limited to what is necessary for the operation of the software features you use

Sub-Processors

We use the following categories of sub-processors to deliver our services:

• Cloud Hosting: Infrastructure providers that host and store your data
• Payment Processing: Stripe and PayPal for handling subscription billing
• Email Delivery: Email service providers for transactional and notification emails
• Monitoring and Security: Services that help us monitor uptime and detect security threats

We will notify you of any intended changes to sub-processors with reasonable advance notice. If you object to a new sub-processor, you may terminate your subscription before the change takes effect.

Confidentiality and Security

• All personnel with access to your data are bound by confidentiality obligations
• Access to customer data is restricted on a need-to-know basis using role-based access controls

Audit Rights

You may request information about our compliance with data processing obligations. We will contribute to audits and inspections as reasonably requested, subject to appropriate confidentiality protections and scheduling.

Data Deletion and Return

Upon termination of your subscription, your data is handled per our Data Retention policy. We strongly recommend exporting all data before cancellation using the in-software export tools described in our Terms of Service.

Data Security

We implement comprehensive technical and organizational measures to protect your information, including:

• Encryption in Transit: All data transmitted between your device and our servers is encrypted using TLS 1.2 or higher
• Encryption at Rest: Stored data is encrypted using AES-256 or equivalent industry-standard encryption
• Secure Infrastructure: Our services are hosted on secure cloud infrastructure with geographic redundancy and regular backups
• Access Controls: Role-based access controls, principle of least privilege, and multi-factor authentication for internal systems
• Security Assessments: Regular vulnerability scanning and security testing of our systems
• Employee Training: Security awareness training for all personnel with access to customer data
• Incident Monitoring: Continuous monitoring for security events and anomalous activity

However, no method of transmission over the Internet or electronic storage is 100% secure. While we strive to protect your information using commercially reasonable measures, we cannot guarantee absolute security.

Security Incident and Breach Notification

AccuArk© maintains a documented incident response plan for handling security breaches. In the event of a data breach involving your personal data:

Our Notification Obligations

• Timeline: We will notify affected users without undue delay, and no later than 72 hours after confirmation of a breach involving personal data
• Content: Notifications will include the nature of the breach, the categories of data affected, the approximate number of records involved, the likely consequences, and the measures taken or proposed to address the breach
• Method: Notification will be sent via email to the account owner. For large-scale breaches, we may also post a notice on our website
• Regulatory Reporting: We will cooperate with affected users and notify relevant regulatory authorities as required by applicable law

Your Obligations

• You must notify us promptly if you become aware of any unauthorized access to your account or suspect your credentials have been compromised
• You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account

Your Rights and Choices

All Users

Regardless of your location, you have the right to:

• Access and receive a copy of your personal data
• Correct inaccurate information
• Request deletion of your personal data (subject to legal requirements and data retention obligations)
• Opt out of marketing communications at any time
• Export your business data using the in-software export features
• Manage cookie preferences through your browser settings

GDPR Rights (EEA and UK Residents)

If you are located in the European Economic Area or the United Kingdom, you have the following additional rights under the General Data Protection Regulation:

• Right of Access: Request a copy of the personal data we hold about you
• Right to Rectification: Request correction of inaccurate or incomplete data
• Right to Erasure: Request deletion of your personal data ("right to be forgotten") where there is no compelling reason for continued processing
• Right to Restrict Processing: Request that we limit how we use your data in certain circumstances
• Right to Data Portability: Receive your data in a structured, commonly used, machine-readable format
• Right to Object: Object to processing based on legitimate interests, including profiling
• Right to Withdraw Consent: Where processing is based on consent, withdraw that consent at any time without affecting the lawfulness of prior processing
• Right to Lodge a Complaint: File a complaint with your local data protection supervisory authority

We will respond to GDPR rights requests within 30 days. In complex cases, we may extend this period by an additional 60 days with notice.

CCPA/CPRA Rights (California Residents)

If you are a California resident, the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) provide you with the following rights:

• Right to Know: Request disclosure of the categories and specific pieces of personal information we have collected about you
• Right to Delete: Request deletion of your personal information, subject to certain exceptions
• Right to Opt Out of Sale: We do not sell your personal information. If this changes, we will provide a clear opt-out mechanism
• Right to Non-Discrimination: We will not discriminate against you for exercising your privacy rights
• Right to Correct: Request correction of inaccurate personal information

We will respond to CCPA/CPRA rights requests within 45 days. You may designate an authorized agent to make requests on your behalf, subject to identity verification.

How to Exercise Your Rights

To exercise any of the rights described above, please contact us. Please include:

• Your full name and account email address
• A description of the right you wish to exercise
• Any additional information needed to locate your data

We may need to verify your identity before processing your request. We will not charge a fee for processing rights requests unless requests are manifestly unfounded or excessive.

Data Retention

We retain your information for as long as your account is active or as needed to provide services. We may also retain information as required by law or for legitimate business purposes.

Active Subscriptions

Your data is retained and backed up regularly while your subscription is active.

After Cancellation or Suspension

When your subscription ends or is suspended:

• Your business data is retained for 60 days after cancellation or suspension
• This allows you to reactivate your subscription and recover your data
• You cannot access your data during this period without reactivating your subscription
• After 60 days, your business data is permanently deleted without exception
• Account information may be retained longer for legal and compliance purposes

Payment Records

Transaction records and invoices are retained for a minimum of 7 years for tax and legal compliance purposes.

Cookie Policy

Cookies are small text files placed on your device when you visit a website. We use cookies and similar technologies to operate our services, remember your preferences, and improve your experience.

Types of Cookies We Use

Third-Party Cookies

Some third-party services used on our website may set their own cookies:

• Payment Processors: Stripe and PayPal may set cookies when processing payments through embedded forms
• reCAPTCHA: Google reCAPTCHA is used on certain forms to prevent spam and abuse, and may set cookies subject to Google's privacy policy

These third-party cookies are subject to the respective providers' privacy policies, which we encourage you to review.

Managing Cookies

You can manage your cookie preferences in the following ways:

• Browser Settings: Most browsers allow you to block or delete cookies through their settings. Note that blocking strictly necessary cookies may prevent our services from functioning properly.
• Cookie Banner: When you first visit our website, you can accept or decline non-essential cookies through our cookie consent banner.

Do Not Track

Some browsers offer a "Do Not Track" (DNT) setting. There is currently no industry standard for how websites should respond to DNT signals. We do not currently alter our data collection practices in response to DNT signals, but we respect your cookie preferences as set through our cookie banner and your browser settings.

Affiliate Program

If you visit our website through an affiliate link, a referral cookie is placed on your device for 30 days. If you subscribe during this period, the affiliate may receive a commission. Affiliates receive only limited information (that a referral resulted in a subscription) and do not receive your personal details. See the Cookie Policy section above for details on affiliate cookies.

Children's Privacy

Our services are not intended for individuals under 18 years of age. We do not knowingly collect personal information from children. If you believe we have collected information from a child, please contact us immediately and we will take steps to delete the information.

Changes to This Policy

We may update this Privacy Policy from time to time. We will notify you of material changes by email and by posting the updated policy on our website with a revised "Last updated" date. Your continued use of our services after changes constitutes acceptance of the updated policy. If you do not agree with the changes, you should discontinue use of our services.

Contact Us

If you have questions about this Privacy Policy, our data practices, or wish to exercise your privacy rights, please contact us:

• Contact Us: https://accuark.com/contact.php

Data Controller: AccuArk© is the data controller for the personal information collected through our website. For business data you enter into the software, you are the data controller and AccuArk© acts as the data processor.