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Privacy policy

1. ABOUT THIS POLICY

ARK/8 respects your privacy and is committed to handling personal data fairly, transparently and securely.

This Privacy & Cookies Policy explains how we collect, use, disclose and protect personal data when you:

  • visit or shop through ark8.net or another ARK/8 website or digital service that links to this Policy (the Website);

  • create or use a customer account;

  • purchase, pre-order, return or enquire about our products;

  • subscribe to marketing or request a back-in-stock notification;

  • contact Customer Service or interact with us through social media;

  • visit an ARK/8 physical store or attend an ARK/8 event; or

  • otherwise interact with ARK/8 online or in person.

In this Policy, personal data means information relating to an identified or identifiable individual. It does not include information that has been irreversibly anonymised.

The Website, our physical stores and the other channels described above are together referred to as the Services.

2. WHO IS RESPONSIBLE FOR YOUR PERSONAL DATA?

The principal controller for the processing described in this Policy is:

ARK/8 SA

Registered office: ARK8 SA, Rue de la Colonne 1A, 1080 Brussels, Belgium

Belgian company registration number: 0890.015.382

Belgian VAT number: BE0890.015.382

Privacy contact: customerservice@ark8.net

ARK/8 SA determines why and how personal data is processed in connection with the Services, except where another entity is identified as the controller or independently determines the purposes and means of processing.

ARK/8 also has a United States operating entity, currently referred to as ARK/8 Inc. That entity may receive or process personal data in connection with US fulfilment, store operations, customer service and related activities. Its existence does not by itself make it a joint controller with ARK/8 SA. Depending on the activity, it may act on ARK/8 SA’s instructions or as a separate controller. Where a local ARK/8 entity acts as a separate controller - for example, in relation to CCTV at a store it operates - additional information may be provided through store signage, at the point of collection or in another local notice.

ARK/8 has not appointed a formal Data Protection Officer. Questions or requests about privacy should be sent to the privacy contact above.

3. PERSONAL DATA WE COLLECT

The information we collect depends on how you interact with us.

3.1 Identity and contact information

This may include your name, title, date of birth or age range where relevant, email address, telephone number, billing address, delivery address, country, language and customer account details.

3.2 Order and transaction information

This may include products viewed, placed in your basket, ordered, pre-ordered, returned or exchanged; order numbers; purchase history; delivery and collection information; gift card or voucher numbers and balances; discounts used; communications about an order; and information needed to administer returns, refunds, warranties or customer claims.

3.3 Payment information

Payments are processed through Shopify and the payment methods made available at checkout, which may include card providers, Shop Pay and Klarna.

ARK/8 does not receive or store your complete payment-card number, card security code or full payment credentials. We may receive limited transaction information such as payment status, payment method, billing details, fraud or risk indicators and, in some cases, the last digits of a payment card.

If you choose to save payment details using Shop Pay or another payment provider, that provider - not ARK/8 - controls the storage and reuse of the payment credentials under its own terms and privacy information.

3.4 Account and preference information

This may include your account settings, preferred language or currency, saved addresses, communication preferences and consent choices.

3.5 Customer-service information

This includes information contained in emails, messages, returns requests, complaints, reviews, survey responses and other correspondence, together with records of how we handled your request.

3.6 Marketing and engagement information

This may include newsletter subscriptions, marketing permissions, campaign engagement, product interests, purchase history, responses to promotions, and whether marketing messages were delivered, opened or selected.

If you request a back-in-stock alert, we collect the contact information and product details needed to send that notification.

3.7 Technical, browsing and device information

Subject to your cookie choices and applicable law, this may include IP address, device and browser type, operating system, identifiers, Website activity, referring pages, approximate location derived from IP address, basket activity and information about how you interact with the Website and our digital communications.

We may receive analytics and advertising information through technologies provided by organisations such as Google and Meta. Non-essential analytics and advertising technologies are used only after the consent required by applicable law has been obtained.

3.8 Physical-store information

If you shop in an ARK/8 store, we may collect transaction, return and contact information through our point-of-sale systems. If you voluntarily subscribe to marketing at the till, we will record your contact details and marketing choice.

Our Los Angeles store uses CCTV for safety, security, incident investigation and loss prevention. CCTV may record your image, movements and the date, time and location of your visit.

3.9 Information about other people

You may provide information about another person, for example when specifying a delivery recipient or arranging a gift. Please provide another person’s information only where you are entitled to do so and, where appropriate, make them aware of this Policy.

4. HOW WE RECEIVE PERSONAL DATA

We collect personal data:

  • directly from you, including through checkout, customer accounts, physical stores, marketing forms, back-in-stock requests, competitions and Customer Service;

  • automatically from your device when you use the Website, subject to your cookie choices;

  • from Shopify and payment providers when they process an order or payment;

  • from logistics, fulfilment, delivery and returns partners;

  • from ARK/8 group and operating entities involved in serving you, including our US operations;

  • from CRM, email, analytics and advertising service providers;

  • from social-media platforms when you interact with our pages, advertisements or content;

  • from fraud-prevention, security and identity-verification providers used by Shopify, payment providers or ARK/8; and

  • from publicly available sources or business partners where lawful and relevant to a promotion, collaboration or event.

5. WHY WE USE PERSONAL DATA AND OUR LEGAL BASES

We use personal data only where we have a lawful basis. More than one basis may apply depending on the circumstances.

5.1 To provide products and Services

We use personal data to:

  • create and administer customer accounts;

  • accept, confirm, process and deliver orders and pre-orders;

  • process payments, refunds, returns and exchanges;

  • administer gift cards, vouchers and promotions;

  • provide order, stock and delivery updates;

  • respond to back-in-stock requests;

  • communicate about products or Services you have requested; and

  • provide Customer Service and handle complaints, warranty matters and legal claims.

This processing is generally necessary to enter into or perform a contract with you or to take steps at your request before entering into a contract.

Back-in-stock notifications requested separately from an order are sent on the basis of your request and consent. You may withdraw that request at any time.

5.2 To meet our legal obligations

We process information where necessary to comply with accounting, tax, consumer-protection, product-safety, sanctions, customs, regulatory and other legal requirements. This includes keeping appropriate transaction and invoice records, responding to valid legal requests and managing statutory consumer rights.

5.3 To protect customers, ARK/8 and the Services

We and our commerce, payment and security providers process relevant transaction, account, device and technical information to secure the Website, protect accounts, prevent abuse, detect and investigate suspected fraud, enforce our terms and establish, exercise or defend legal claims.

ARK/8 relies on its legitimate interests in protecting its customers, systems, property and business, and in ensuring that transactions are genuine and secure. Where a legal obligation applies, we rely on that obligation instead.

5.4 To operate and improve our business

We may use relevant order, service, store and operational information to manage inventory, fulfilment, forecasting, Website performance, customer experience, internal reporting and service quality.

Where this processing is not necessary for a contract or legal obligation, we rely on our legitimate interests in operating and improving ARK/8. We balance those interests against your rights and expectations and use proportionate information.

Non-essential cookies and similar technologies are governed separately by the consent rules described in Section 7. We do not use legitimate interests as a substitute for obtaining cookie consent where consent is required.

5.5 To communicate and market

We use personal data to send newsletters, product news, launch information, event invitations and other promotional communications where you have consented or where another permission under applicable direct-marketing law applies.

We may use limited information about your purchases and engagement to make our communications more relevant. We do not currently make decisions producing legal or similarly significant effects through marketing profiling.

You can opt out of electronic marketing at any time using the unsubscribe link in a message or by contacting us. More information appears in Section 8.

5.6 To run physical stores safely

CCTV at our Los Angeles store is used for safety, security, incident investigation and loss prevention. The relevant store-operating entity relies on its legitimate interests in protecting visitors, staff, stock and premises, subject to applicable local law. CCTV notices are displayed at the store.

6. WHEN PROVIDING DATA IS REQUIRED

Some information is necessary to process an order, deliver products, administer a return, comply with law or provide another Service you request. Required fields will normally be identified when information is collected.

If you do not provide required information, we may be unable to complete a transaction or provide the relevant Service. Providing information for marketing is optional and is not a condition of purchasing from ARK/8.

7. COOKIES AND SIMILAR TECHNOLOGIES

7.1 What these technologies are

Cookies are small data files stored on or accessed from your device. We may also use pixels, tags, local storage and similar technologies. In this Policy, we refer to them together as cookies.

7.2 How we use them

We use:

  • strictly necessary cookies to operate the Website and provide functions you request, such as security, checkout, basket contents, network management and remembering your cookie choices;

  • analytics cookies to understand Website traffic, performance and how visitors use the Website, including through services such as Google Analytics; and

  • advertising cookies to measure campaigns, limit or improve advertising and understand interactions with advertisements, including through Meta technologies.

Strictly necessary cookies do not require consent where the applicable legal exemption applies. Analytics, advertising and other non-essential cookies are not placed or accessed until you have given the consent required by applicable law.

Google, Meta and other providers may receive identifiers, device information, Website activity and related information when their technologies are enabled. They may process that information under their own privacy terms, including for measurement and advertising services.

7.3 Your choices

When you first visit the Website, our cookie banner allows you to accept or reject non-essential cookies and to make category-level choices. Rejecting non-essential cookies must not prevent you from accessing the core Website or completing a purchase.

You can change or withdraw your choice at any time through the Cookie Settings control available on the Website. Withdrawing consent does not affect processing that occurred lawfully before withdrawal.

The Cookie Settings tool provides current information about the cookie categories and third parties used on the Website. Cookie lifetimes vary according to their function. The cookie used to remember your consent choice will generally be retained for no longer than six months before your choice is requested again, unless a different period is justified or required by law.

You may also control cookies through your browser. Blocking strictly necessary cookies may prevent parts of the Website, including basket or checkout functions, from working correctly.

8. MARKETING COMMUNICATIONS

Marketing is separate from order confirmations, delivery updates, safety notices, changes to a Service you use and other non-promotional communications that are necessary to serve you.

We may send marketing by email or another channel you select where:

  • you have given consent;

  • applicable law permits communications about similar ARK/8 products to an existing customer and we offered an appropriate opportunity to opt out; or

  • another lawful permission applies.

You can stop marketing at any time by selecting the unsubscribe link in an email or contacting customerservice@ark8.net. We may retain a minimal suppression record so that we can respect your opt-out.

Withdrawing from marketing will not delete order or other information that ARK/8 must retain for a different lawful purpose.

9. WHO WE SHARE PERSONAL DATA WITH

We disclose personal data only where reasonably necessary for the purposes described in this Policy. Recipients may include:

  • ARK/8 group and operating entities, including the US operating entity involved in fulfilment, store operations and customer support;

  • ecommerce, Website-hosting, content-management, infrastructure and technical service providers;

  • payment providers, banks and payment methods made available at checkout, including Shopify-related payment services and Klarna where selected;

  • fulfilment centres, warehouses, couriers, postal services, customs intermediaries and returns partners;

  • CRM, email-delivery, customer-service and communications providers;

  • analytics, consent-management and advertising providers, including Google and Meta where the relevant technologies have been enabled;

  • fraud-prevention, cybersecurity and account-protection providers;

  • accountants, auditors, insurers, lawyers and other professional advisers;

  • regulators, courts, law-enforcement bodies, tax authorities or other public bodies where disclosure is required or permitted by law; and

  • an actual or prospective buyer, investor, lender or adviser in connection with a merger, restructuring, financing, sale or transfer of all or part of our business, subject to appropriate confidentiality measures.

Service providers acting on our instructions may use personal data only for the agreed services and must protect it appropriately. Some recipients, such as payment providers, Klarna, social-media platforms or local operating entities, may act as independent controllers for particular processing. Their own privacy notices will apply to that processing.

We do not sell personal data for money. Certain advertising disclosures may be treated as a “sale,” “sharing” or targeted advertising under some US state privacy laws. Where those laws apply, we will provide the choices and notices they require, including through our cookie controls where appropriate.

10. INTERNATIONAL DATA TRANSFERS

ARK/8 operates internationally. Personal data may be accessed, processed or stored outside Belgium and the European Economic Area, including in the United States, because:

  • orders and returns are currently fulfilled through our Los Angeles operations;

  • our US operating entity supports store and fulfilment activities; and

  • some of our ecommerce, hosting, payment, CRM, communications, analytics, advertising and technical providers operate internationally.

Where the GDPR applies and personal data is transferred outside the EEA, we use a lawful transfer mechanism. Depending on the recipient and destination, this may include:

  • a European Commission adequacy decision;

  • the European Commission’s Standard Contractual Clauses;

  • another legally approved transfer mechanism; or

  • a permitted exception for a specific transfer, where applicable.

Where required, we assess whether supplementary contractual, technical or organisational measures are appropriate. You may contact us for more information about the relevant safeguards or to request a copy of them, subject to lawful redactions.

11. HOW LONG WE KEEP PERSONAL DATA

We retain personal data only for as long as reasonably necessary for the purpose for which it was collected, including to meet legal, accounting, tax, regulatory, security and reporting requirements and to establish, exercise or defend legal claims.

There is no single maximum retention period under the GDPR. The following criteria and periods generally apply:

  • Order, invoice, accounting and tax records: records needed for Belgian accounting and tax compliance are generally retained for 10 years, calculated in accordance with the applicable legal rules. Related personal data may therefore remain in transaction records for that period.

  • Customer accounts: account information is kept while the account remains active. After closure, information is deleted or anonymised unless it is still required for transactions, legal obligations, dispute resolution, security or legal claims.

  • Orders, returns, complaints and Customer Service: information is kept for as long as needed to complete the matter and then for the applicable warranty, complaint or limitation period. Information forming part of accounting, tax or legal records may be retained for up to 10 years or longer where law or an active claim requires it.

  • Marketing: marketing contact and preference information is kept until you unsubscribe, withdraw consent or object, or until we determine that the information is no longer useful and should be deleted. A minimal suppression record may be retained for as long as necessary to ensure that marketing is not restarted against your wishes.

  • Back-in-stock alerts: the request is retained until the requested notification is sent, the request expires or you withdraw it, after which it is deleted or anonymised within a reasonable period unless it is needed for another lawful purpose.

  • Cookie choices and consent records: these are kept for as long as reasonably necessary to remember your choice and demonstrate compliance. The cookie remembering your choice will generally last no more than six months before renewal, subject to applicable requirements.

  • Analytics and technical information: identifiable information is kept for the period configured in the relevant service and disclosed through Cookie Settings, then deleted or aggregated where feasible. Security logs may be kept longer where required to investigate an incident.

  • CCTV: footage from the Los Angeles store is kept only for a short, defined security period and may be retained longer where needed to investigate an incident, preserve evidence or meet a legal requirement. The ordinary CCTV deletion period is (TO BE CONFIRMED BEFORE PUBLICATION).

At the end of the applicable period, personal data is securely deleted or anonymised unless further retention is required or permitted by law.

12. SECURITY AND PAYMENTS

We use appropriate technical and organisational measures designed to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access. Measures may include access controls, encryption in transit, secure service providers, monitoring, staff confidentiality requirements and procedures for responding to incidents.

No online service can guarantee absolute security. You are responsible for keeping any account credentials confidential and for notifying us if you believe an account or transaction has been compromised.

Payment credentials are collected and secured by Shopify and the payment provider you select. ARK/8 does not have access to complete card numbers or card security codes.

13. AUTOMATED DECISION-MAKING

ARK/8 does not currently make decisions about you that produce legal or similarly significant effects solely through automated processing.

Shopify, payment providers, Klarna or fraud-prevention providers may apply automated security or risk checks under their own systems and privacy notices. These checks may affect whether a payment or transaction is approved. If you believe a transaction was incorrectly blocked, please contact Customer Service and, where appropriate, the relevant payment provider.

If ARK/8 introduces solely automated decision-making of this kind in the future, we will provide the information and safeguards required by law before it applies.

14. YOUR PRIVACY RIGHTS

Depending on the law that applies to you and the circumstances, you may have the right to:

  • obtain confirmation that we process your personal data and request access to it;

  • correct inaccurate or incomplete personal data;

  • request deletion of personal data;

  • request restriction of processing;

  • receive personal data you provided to us in a structured, commonly used and machine-readable format and, where technically feasible, have it transmitted to another controller;

  • object to processing based on legitimate interests, including related profiling;

  • object at any time to the use of personal data for direct marketing;

  • withdraw consent at any time, without affecting the lawfulness of processing before withdrawal;

  • obtain information about safeguards used for relevant international transfers;

  • not be subject to a decision based solely on automated processing that produces legal or similarly significant effects, subject to legal exceptions; and

  • complain to a data-protection authority.

These rights are not absolute. For example, we may need to retain information to meet a legal obligation or establish or defend a legal claim.

To exercise a right, email customerservice@ark8.net and describe your request. We may ask for information reasonably necessary to verify your identity and protect personal data from unauthorised disclosure. We will normally respond within one month, although the law may allow an extension for complex or numerous requests. Exercising your rights is generally free, but we may charge a reasonable fee or refuse a request where the law permits us to do so because it is manifestly unfounded or excessive.

If you are in Belgium, you may complain to the Belgian Data Protection Authority:

Belgian Data Protection Authority / Autorité de protection des données / Gegevensbeschermingsautoriteit

Website: www.dataprotectionauthority.be

You may also contact the data-protection authority in the EEA country where you live or work, or where you believe an infringement occurred. We would appreciate the opportunity to address your concern first, but you are not required to contact us before approaching an authority.

Residents of other jurisdictions may have additional local rights. Where applicable, ARK/8 will honour those rights and provide any supplementary notice required by local law.

15. CHILDREN

The Website and Services are not directed to young children, and we do not knowingly collect personal data from a child who is unable under applicable law to provide the information or enter into the relevant transaction without permission from a parent or guardian.

If you believe a child has provided personal data improperly, please contact us so that we can investigate and take appropriate action.

16. THIRD-PARTY SERVICES AND LINKS

The Website may link to services operated by others, including payment providers, Klarna, Shop Pay and social-media platforms. Those organisations control their own services and may collect personal data under their own privacy notices. ARK/8 is not responsible for the privacy practices of an independent third party.

17. CHANGES TO THIS POLICY

We may update this Policy to reflect changes in law, technology, our Services or how we use personal data. The revised version will be published on the Website with an updated date.

Where a change materially affects how we use personal data, we will take reasonable steps to draw it to your attention and obtain consent where the law requires it.

18. CONTACT US

Questions, concerns and privacy-rights requests should be sent to:

ARK/8 SA

Registered office: ARK8 SA, Rue de la Colonne 1A, 1080 Brussels, Belgium

Email: customerservice@ark8.net