Arc
Arc

Privacy Policy

Last Updated and Effective: December 1, 2023

You are visiting a website owned and operated by Arc Public Benefit Corporation. Arc Public Benefit Corporation and its subsidiaries and affiliates (collectively, “Arc PBC”, “us”, “we”, or “our”) are committed to maintaining your confidence and trust as it relates to the privacy and usage of your information. Please read below and learn how we collect, protect, share, and use your information as part of our technology platforms, and all of our products and services.

This privacy policy applies to www.arc-pbc.com and all websites and mobile apps owned and operated by Arc PBC on which this privacy policy is displayed (such websites and apps referred to hereafter as the “Website(s)” or “Site(s)”, whether individually or collectively, or collectively as “Services”) as well as Arc PBC’s affiliates.

Arc PBC’s commercial Websites are designed for businesses and are not intended for individuals’ personal, family or household use. Accordingly, we treat all personal information collected, including information about any visitors to our commercial Websites, as pertaining to individuals acting as business representatives, rather than in their personal capacity.

Information We Collect

You can visit and enjoy our Website without disclosing any Personal Information about yourself. However, for the Service to work properly we will need you to share with us certain Personal Information.

For the purposes of this Privacy Policy, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer, device or household.  It does not include de-identified or aggregate information, or public information lawfully available from governmental records.

  1. Personal Information provided by you: We collect Personal Information from you when you enter it or otherwise provide it in connection with an inquiry into our Services. The Personal Information we collect directly from you may include, but is not limited to: name, company name, business email address, telephone numbers, profile information used to access the Service (such as username and password) and, with your consent, information required to connect with and collect information related to the Service from your business’ accounting software, recurring revenue subscription software, and business’ bank account information.
  2. Automatic Data Collection: We may also collect Personal Information automatically regarding how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g., IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
  3. Third-Party Data: We may obtain information about you from other sources, including through third-party services and organizations (including third-parties you use to interact with our Service) to supplement information provided by you. This additional information allows us to supplement and verify information that you have provided to us for fraud prevention, marketing, underwriting, risk management, business intelligence, and other internal purposes.
  4. Tracking and Cookie Data: We use cookies, web beacons, and similar technologies to record your preferences, track the use of our Site and collect information. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We may combine this automatically collected log information with other information we collect about you. You may choose to set your web browser to refuse cookies, or to alert you when cookies are being sent. If you do so, please note that some parts of our Sites may not function properly.

Use of Personal Information

Arc PBC will use the collected data for various purposes:

  • To register you as a user and to provide the services you require;
  • To detect, prevent and address technical issues;
  • To provide and maintain the Service;
  • To decide whether to offer you a Arc PBC product or service;
  • To notify you about changes to our Service;
  • To allow you to participate in interactive features of our Service when you choose to do so;
  • To provide customer care and support;
  • With your permission, to send you e-communications with special offers and promotions. If you don’t want to receive these, you may unsubscribe within any e-communication you receive;
  • To provide you, or permit selected third-parties to provide you, with information about products and services we offer that are similar to those that you have already purchased, provided you have not opted out of receiving that information. For example, to send you newsletters and promotions using any communications preferences you have expressed. We may provide these communications via email, postal mail, online advertising, social media, telephone, text message (including SMS and MMS), push notifications, in-app messaging, and other means;
  • To provide analysis or valuable information so that we can improve the Service;
  • To enhance the accuracy of the information we hold about you;
  • To enforce our Terms and Conditions;
  • To investigate and defend against any third-party claims or allegations;
  • To pursue legitimate interests, such as research and development, processing for historical scientific or statistical purposes, and performing activities carried out in the public interest. We may use data, including public feedback, to conduct research and for the development of the Website and the services and products we provide to you;
  • For other everyday business purposes such as financial account management, product development, contract management, IT and website administration and security, fulfillment, analytics, fraud prevention, corporate governance, and reporting and legal compliance;
  • To monitor the usage of the Service;
  • To meet legal requirements and enforcing legal terms, including:
  • Fulfilling our legal obligations under applicable law, regulation, court order, or other legal process, such as preventing, detecting, and investigating security incidents and potentially illegal or prohibited activities;
  • Protecting your, our, and others’ rights, property and safety;
  • Confirming your identity;
  • Enforcing any agreements with you; and
  • Resolving disputes.

Disclosure Of Personal Information

We may disclose your Personal Information as described in this Privacy Policy, which includes disclosing it to our affiliates and non-affiliated third parties as we deem necessary to carry out those purposes. 

Who Do We Share Your Information With?

We share your Personal Information with our partners, service providers, contractors, agents and third-party vendors as they need it to fulfill Services or orders, or for other requests you make. We may also share your Personal Information to comply with the law or for other legitimate interests.

Arc PBC Affiliates: We may share Personal Information about you or provided by you with Arc PBC’s affiliates.

Network Partners: When you submit an inquiry or use another Service provided through the Website, you direct Arc PBC to share Personal Information about you or provided by you with other third parties in our network to deliver the products and services you request (collectively, “Network Partners”). PLEASE NOTE: The Network Partners that interact with you may retain or use your Personal Information whether or not you use their services, and their privacy and information sharing practices are set forth in their respective privacy policies. Pursuant to the contracts between Arc PBC and its Network Partners, if you select a Network Partner through our Services, Arc PBC may also receive Personal Information about you from that Network Partner. Arc PBC and its Network Partners may exchange Personal Information about you for the purpose of providing you with information about financial services and products. Arc PBC may maintain this information to assist with litigation, regulatory request(s), law enforcement requests, internal analytics, marketing purposes, and any other legally permissible purpose.

Financial Companies: We may also share Personal Information about you with other Financial Companies with whom we engage in joint marketing efforts, or who offer financial-related products or services that you may be interested in.  These companies’ privacy and information-sharing practices are set forth in their respective privacy policies.

Other Business Partners: We also may share Personal Information about you with other business partners who offer products and services that you may be interested in. Their privacy and information-sharing practices are set forth in their respective privacy policies.

Arc PBC Service Providers: We may share Personal Information with Service Providers that perform certain services on our behalf, including, but not limited to, credit bureaus, marketing partners, or entities providing business analysis and/or Website or product support.

Other Situations: We may also disclose Personal Information about you or provided by you at our sole discretion:

  1. In response to a subpoena or similar investigative demand, a court order, a request for cooperation from a law enforcement agency, self-regulatory body, or other governmental agency; to establish or exercise our legal rights; to defend against legal claims; or as we reasonably believe is required by law. In such cases, we may raise or waive any legal objection or right available to us.
  2. When we believe disclosure is appropriate in order to investigate, prevent, or take action regarding actual or suspected illegal activity or other wrongdoing; to protect and defend the rights, property, or safety of the Arc PBC business, our users, our employees, or others; or to enforce our Site’s terms and conditions or other agreements or policies.
  3. In connection with a substantial corporate transaction involving the Arc PBC business, such as a sale of Arc PBC or any entity, brand or division thereof, a divestiture, merger, consolidation, asset sale, or bankruptcy.
  4. In connection with state and/or federal requirements regarding the reporting of information contained in the inquiries we receive from you. You authorize Arc PBC to obtain any and all required information from the entities with whom you have interacted with in connection with Arc PBC in order for Arc PBC to comply with current laws and regulations as well as with any requests from state or federal regulators.
  5. We may share information with third parties that is not personally identifying, such as aggregated or anonymized data, in our discretion, where not prohibited by law.

Retention of Personal Information

In accordance with our routine record keeping, we delete certain records that contain Personal Information you have submitted through the Website where they are no longer necessary for the purposes identified under this Privacy Policy. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information.

We will keep your Personal Information during the period of our contractual relationship, extended by the applicable limitation period.

With regard to marketing communications with prospects, we will keep Personal Information for the length of the contractual relationship or three (3) years after the last correspondence with us.

As to the processing carried out in order to comply with a legal obligation, we will keep your Personal Information for the duration of such obligation.

When you close your account, we may keep your Personal Information for account restoration purposes, for three (3) months after the last correspondence with us (i.e., in case you wish to restore your account).  However, this Personal Information will be maintained securely in an archival database with limited access. 

On the expiry of the applicable data retention period, we will erase or irrevocably anonymize the relevant Personal Information.

Security Of Personal Information

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. We seek to protect your Personal Information from unauthorized access, use, and disclosure using appropriate physical, technical, organizational, and administrative security measures based on the type of Personal Information and how we are processing that information. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

To the maximum extent allowed by applicable law, you agree and acknowledge that we will not be liable or responsible if any information about you is intercepted, accessed, and/or used by an unintended recipient. If you have reason to believe that the security of your communications or Personal Information has been compromised, please notify us immediately using the contact information below.

Notice to EU Users

Please note that the GDPR provides for certain rights. In particular, you have the right to:

  • Access to Personal Information processed concerning you;
  • Rectification of inaccurate Personal Information concerning you and a right to erasure;
  • Restriction of processing;
  • Data portability;
  • Object to the processing on grounds relating to your particular situation; and,
  • Lodge a complaint with a competent supervisory authority.

To exercise any of your rights, please contact us by email at privacy@arc-pbc.com.  Alternatively, follow the removal instructions in the communication that you receive in order to object to further communications. We will respond to your request in a reasonable timeframe, and in any event within one month from receipt thereof.

Legal Bases Upon Which We Rely

For certain purposes, it may be appropriate for us to obtain your prior consent. The legal basis of consent is only used by us in relation to processing that is entirely voluntary – it is not used for processing that is necessary or obligatory in any way.

In the event that we rely on your consent, you may at any time withdraw the specific consent you give to our processing as described above. Please note, even if you withdraw consent for us to use your Personal Information for a particular purpose, we may continue to rely on other lawful bases to process your Personal Information for other purposes.

Where we are relying on a basis other than your consent, the lawful basis for processing your Personal Information will be one of the following:

  • The processing is necessary in order for us to comply with our legal obligations (such as compliance with anti-money laundering legislation);
  • The processing is necessary for the performance of a contract you are party to or in order to take steps at your request prior to you entering into a contract;
  • The processing is necessary for the establishment, exercise or defense of legal claims; or
  • The processing is necessary for the pursuit of our legitimate business interests.

International Transfer Of Personal Information

Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of the European Economic Area (“EEA”). Certain countries outside the EEA have been approved by the European Commission as providing adequate protection, and therefore, no additional safeguards are required to export Personal Information to these countries. In countries that have not been certified as providing adequate protection, these international transfers are carried out in the framework of  Standard Contractual Clauses adopted by the European Commission.

California Shine The Light

California Civil Code Section 1798.83, also known as “Shine The Light” law, permits California residents to annually request information regarding the disclosure of your Personal Information (if any) to third parties for the third parties’ direct marketing purposes in the preceding calendar year. Requests may be made one time per calendar year. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2019 will receive information regarding 2018 sharing activities). You may submit your request using the contact information at the end of this Privacy Policy.

Do Not Track

“Do Not Track” is a privacy preference that you can set in your Internet search browser that sends a signal to a website that you do not want the website operator to track certain browsing information about you. However, because our Website is not configured to detect Do Not Track signals from a user’s computer, we are unable to respond to Do Not Track requests. More information about “do not track” is available at www.allaboutdnt.org concerning such information.

We do not track Website users over time and across third-party websites. Third parties, other than our service providers (such as our analytics provider), do not have our permission to track which websites you visited prior to and after visiting our Website.

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third-party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Children's Privacy

Our Service does not address anyone under the age of 18 ("Children").

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from children without verification of parental consent, we take steps to remove that information from our servers.

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any material changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the material change becoming effective, and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this privacy policy, the practices of any Arc PBC Business, or your dealings with a Arc PBC Business, please contact us at:

privacy@arc-pbc.com