Effective on: July 1, 2021
Effective on: July 1, 2021
A. “Affiliate(s)” means any entity that controls, is under common control with, or is controlled by ARCH, where “control” means the ownership, direct or indirect, of a majority of an entity’s equity or some other interest entitling or otherwise allowing the owner to direct the affairs of such entity, specifically including without limitation, any and all subsidiaries and affiliates of which ARCH owns, directly or indirectly, twenty-five percent (25%) or more of the voting securities.
B. “ARCH”, “we,” “us” and “our” means the following entity(ies) as applicable:
C. “Data” includes both Non-Personal Information and Personally Identifiable Information.
D. “Non-Personal Information” is any information that is not Personally Identifiable Information (defined below). Non-Personal Information includes, without limitation, Personally Identifiable Information that has been anonymized.
E. “Personally Identifiable Information” or “PII” or “personal information” is non-public information we receive from your use of the Site that can be used, alone or in combination with other information in our possession, to identify a particular person/individual. It may include information such as name, address, telephone number and other personal information you provide us.
F. “Site” refers to the following websites, as applicable, including any related blogs, domains, mobile sites, online services and applications maintained by the applicable ARCH entity:
G. “You” and “your” mean the individual or entity visiting or using the Site.
2. INFORMATION COLLECTED AND CONSENT
You do not have to provide any Personally Identifiable Information to browse the publicly available pages of the Site; however, to obtain or use products or services that are or may be provided on or through the Site or that we may otherwise offer online or offline (collectively, the “Services”) you may be required to register and/or provide Personally Identifiable Information
Personal Information You Provide Us
We may collect PII from you, such as your name, mailing address, billing address, phone number, payment information, or email address. We may also collect additional information from you depending on the nature of the transaction, such as information concerning your business and financial information related to your business and/or you. We collect, process, and share some of or all the following categories of personal information:
We collect information from you when you (i) register on the Site, (ii) fill out forms or fields on the Site or offline, (iii) complete an application for a product or service available through the Site (iv) communicate with us by email, mail, text, telephone, facsimile or other electronic means, (v) use the Site or authorize us to access any financial information stored or processed by a third-party, or (vi) provide us with personal information or other information.
We will treat as personal information any item that, either alone or together with other information, we could use to identify an individual. Except as described below, we will not share with third-parties any personal information without your permission.
We may also collect your personal information from sources that you have authorized to share with us or that you have authorized us to obtain information from.
We collect information about you from third-parties related to transactions you are contemplating entering into with us or that you have entered into with us.
If you believe we received your personal information from a source without authority to share your personal information with us, please contact us so that we can resolve your complaint.
Information We Automatically Collect:
ARCH may collect information about you automatically when you visit the Site, communicate through the site, or use any of our online Services. We may automatically receive certain information from your browser or mobile device, such as your browser type, the operating system of your device, the URL of the site from which you came and the URL of the site you visit when leaving the Site or any of our online Services, the equipment you use to access the Site, the unique identifier of your mobile device and your activities on the Site, such as the webpages you view and how you interact with those webpages. We may also receive your IP address and the name of your internet service provider (“ISP”) or your mobile carrier. Depending on your device’s settings, we may also receive location data and other types of information sent from third-party services or GPS-enabled devices.
3. WEB BROWSER COOKIES
To help us optimize the Site or for marketing purposes, we may allow other authorized third-parties to place or recognize unique cookies on your browser. Any information provided to third-parties through cookies will be for enhancing your user experience by providing more relevant marketing. Third-party services and tools we use, which may send cookies to users of the Site and may collect information from users, includes:
You can opt-out of receiving personalized ads from advertisers and ad networks that are members of the Network Advertising Initiative (“NAI”) or who follow the Digital Advertising Alliance (“DAA”) Self-Regulatory Principles for Online Behavioral Advertising using their respective opt-out tools. The NAI's opt-out tool can be found here http://www.networkadvertising.org/choices/ and the DAA's opt out tool can be found here http://www.aboutads.info/choices/.
In addition, your mobile devices may offer settings that enable you to make choices about the collection, use, or transfer of mobile app information for online behavioral advertising (for example, Apple iOS’ Advertising ID and Google Android’s Advertising ID). Please note that opting out does not prevent the display of all advertisements to you.
4. HOW WE USE AND SHARE YOUR PERSONALLY IDENTIFIABLE INFORMATION
We will use your personal information to provide the Services that your personal information was shared with us to fulfill. ARCH may use personal information for the following purposes:
A. To improve customer service: Your information helps us to more effectively communicate with you, respond to inquiries, and to respond to your customer service requests and support needs.
B. To personalize user experience: We may use information in the aggregate to understand how our users as a group use the Services and resources provided on the Site.
C. To improve the Site: We continually strive to improve our Site and the Services based on the information and feedback we receive from you.
E. To send periodic emails: The email address you provide for the Services will only be used to send you information and updates pertaining to the Services requested. It may also be used to respond to your inquiries, and/or other requests or questions.
G. Fulfillment of Obligations: Comply with contractual obligations, relevant industry standards and our policies.
H. Security: Mitigate fraud, enhance the security of the Site and manage institutional risk;
L. Payment Processing: For processing payments related to the products and services we provide you.
5. RETENTION AND STORAGE OF PERSONAL INFORMATION
We retain your personal information for as long as necessary to fulfill the purpose for which it was collected and to comply with applicable laws. We use reasonable security precautions to protect your information while in storage.
To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information, whether we can achieve those purposes through other means, and applicable legal requirements.
We will use commercially reasonable methods to keep personal information securely in our files and systems taking into account the nature and sensitivity of the personal information.
7. DO NOT TRACK
Your browser may provide you with the option to send a “Do Not Track” signal to websites you visit. This signal is used to request that websites not send the requesting device cookies, but websites have no obligation to respond to such signal or to modify their operation. At the current time, the Site is not programmed to recognize Do Not Track signals, so the Site will not treat you differently if we receive such signals from your browser and we may not comply with Do Not Track settings on your browser.
9. LINKS TO OTHER SITES
10. AGE OF CONSENT
ARCH takes special care to protect the privacy needs of children under the age of 13 and we encourage parents to be an active participant in their child’s online activities. ARCH abides by the Children’s Online Privacy Protection Act (COPPA) and other relevant laws. The Site does not target and is not intended for children under the age of 13, and ARCH will not knowingly collect Personally Identifiable Information directly from them. If ARCH discovers that a child has provided personal data directly through the Site, ARCH will eliminate that data. This Site is only intended for persons 18 years of age or older. If you are under 18 you must ask a parent or legal guardian for permission prior to submitting any information to this Site.
If you have knowledge that a child 13 years of age or younger has submitted Personally Identifiable Information to us, please contact us and we will delete the personal information collected belonging to that child. You may contact us via email or by writing to us at the address below. Parents and guardians can also email us at privacy@ARCHGP.com, but before any information is disclosed, the parent will be required to provide verification of his/her identity and authority related to any request. We will only send the information to the parent email address in the registration file.
11. CAN-SPAM COMPLIANCE NOTICE
ARCH fully complies with the federal CAN-SPAM Act. You can always opt out of receipt of further email correspondence from us.
12. CALIFORNIA PRIVACY RIGHTS
Under Section 1798.83 of the California Civil Code, residents of California can obtain certain information from companies with whom they have an established business relationship. That information is about the Personally Identifiable Information those companies have shared with third-parties for direct marketing purposes during the preceding calendar year. The law requires companies to inform consumers about the categories of Personally Identifiable Information shared with third-parties, the names and addresses of those third-parties, and examples of the services or products marketed by those third-parties. To request a copy of the information disclosure provided by ARCH under Section 1798.83 of the California Civil Code, please contact us via email at privacy@ARCHGP.com.
13. NOTICE TO CALIFORNIA RESIDENTS
We do not sell your personal information
Under the California Consumer Privacy Act (“CCPA”), a business that sells California residents’ personal information to others: 1) must give notice to California residents before selling their personal information to others; and 2) must provide the right to opt out of the sale of their personal information.
ARCH does not sell personal information of anyone. ARCH does obtain personal information from its customers for a business purpose and does further collect personal information for the purpose of performing that business purpose for its customer. Although ARCH does not consider its activities to constitute the sale of personal information, if you would like to opt out of our providing services that involve your personal information, please contact us at the address at the below and inform us that you would like to opt out of our processing your personal information. Notwithstanding, ARCH contends that the notification and opt-out requirements do not apply to ARCH.
Your Rights Under the CCPA
Under the California Consumer Privacy Act (“CCPA”), California residents are granted the following rights:
When receiving a request, we will verify that the individual making the request is the resident to whom the personal information subject to the request pertains. California residents may exercise their rights themselves or may use an authorized agent to make requests to disclose certain information about the processing of their personal information or to delete personal information on their behalf. If you use an authorized agent to submit a request, we may require that you provide us additional information demonstrating that the agent is acting on your behalf.
With respect to their personal information, California residents may exercise the rights described below.
Categories of Personal Information We Collect
How We Use Your Information
See above for how we use your information. We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Requests to Know
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the prior 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
We are not required to (i) retain personal information about a consumer if collected for a single one-time transaction if, in the ordinary course of business, that information would not be retained and (2) re-identify or otherwise link any data that, in the ordinary course of business, is not maintained in a way that would be considered personal information.
Requests to Delete
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies, which we will disclose to you.
We are not required to grant your deletion request if retaining the personal information is necessary for us or our service providers to:
How to Submit a Request to Know or a Request to Delete or an Opt-Out Request
To make a request, please submit your request to us by one of the following methods:
Attn: Privacy Dept.
2600 South Telegraph
Bloomfield Hills, MI 48302
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. We are not required to provide you with personal information more than twice in a 12-month period.
We will not be able to respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
We will try to respond to your request within forty-five (45) days of receipt of your written request. If we require more time (up to 90 days), we will inform you of the extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, specifically by electronic mail communication.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sharing with third-parties. However, you may change your mind and opt back in to personal information sharing with third-parties at any time by emailing us at privacy@ArchGP.com.
We will only use personal information provided in an opt-out request to review and comply with the request. We will act upon your opt-out request within 15 days of receipt.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
14. NOTICE TO EUROPEAN USERS
Legal Bases for Processing.
The GDPR gives you certain rights regarding your personal information. If you are located within the EEA, you may ask us to take the following actions in relation to your personal information that we hold:
You may submit these requests by:
Attn: Privacy Dept.
2600 South Telegraph
Bloomfield Hills, MI 48302
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.
If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us by email or mail, as specified above, or submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator here: https://edpb.europa.eu/about-edpb/about-edpb/members_en.
Cross-Border Data Transfer
Personal information voluntarily submitted to ARCH online, via electronic communication, or otherwise, may be maintained or accessed in servers or files in the United States of America, which the European Union has not deemed to provide “adequate” privacy protection. If you do not consent to having your information processed and stored in the United States of America, please do not provide it to ARCH.
15. YOUR NEVADA PRIVACY RIGHTS
Nevada law (SB 220), permits customers in Nevada to opt-out of the sale of certain kinds of personal information. A sale under Nevada law is the transfer of this personal information for monetary consideration so these third-parties can then re-sell or license the sold information. We do not sell your personal information to third-parties as defined in Nevada law. If you are a Nevada resident and wish to opt-out of the sale of your personal information should we change our practices in the future, you must send a request by email to privacy@ARCHGP.com.
Attn: Privacy Dept.
2600 South Telegraph
Bloomfield Hills, MI 48302