arqu Privacy Policy

arqu, Inc. (“arqu,” “we,” “us,” or “our”) provides a digital risk placement platform for insurance services accessible via our website ( https://arqu.com ) (the “Platform”). arqu respects and values your privacy. This Privacy Policy is designed to help you understand how we collect, use, process, and share your personal information, and to inform you how to exercise your privacy rights.

1. SCOPE AND UPDATES TO THIS PRIVACY POLICY

   This Privacy Policy applies to personal information processed by us, including on our website ( https://arqu.com ), the Platform, mobile application and other online or offline offerings. To make this Privacy Policy easier to read, our websites, the Platform, mobile application and other offerings are collectively called the “ Services .”

   Changes to our Privacy Policy. We may revise this Privacy Policy from time to time in our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use our Services after the new Privacy Policy takes effect.

   An Important Note: This Privacy Policy does not apply to any of the personal information that we process on behalf of our customers through their use of our Services (“ Customer Data ”). Our customers’ respective privacy policies govern their collection and use of Customer Data.

   If you have questions regarding our Privacy Policy, please refer to “Contact Us” below.

2. PERSONAL INFORMATION WE COLLECT

   The categories of personal information we collect depend on how you interact with us, our Services, and the requirements of applicable law. We collect information that you provide to us, information we obtain automatically when you use our Services, and information from other sources such as third-party services and organizations, as described below.

   1. A. Personal Information You Provide to Us Directly

      We may collect personal information that you provide to us:

      • Account Creation. To use the Platform, you will need to create an account either as (i) an individual customer, (ii) an authorized user identified by an arqu customer, whether a retail broker or underwriter, or other legal entity, which has entered into a commercial agreement with arqu (“ Base Agreement ”), or (iii) the entity which has entered into the Base Agreement with arqu (in each case, your “ arqu Account ”). To set up an arqu Account, we require your name and email address.
      • Fees and Commissions. We may collect personal information and details associated with fees and commissions that you pay to us, including payment information. Any payments made via our Services are processed by third-party payment processors. We do not directly collect or store any payment card information entered through our Services, but we may receive information associated with your payment card information (e.g., your billing details).
      • Your Communications with Us. We may collect personal information, such as email address, phone number, or mailing address when you request information about our Services, register for any newsletters we may offer, request customer or technical support, or otherwise communicate with us.
      • Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.
      • Job Applications. We may solicit and post job openings and opportunities on our Services. If you respond to one of these postings, we may collect your personal information, such as your application, CV, cover letter, and/or any other information you provide to us.
   1. B. Personal Information Collected Automatically

      We may collect personal information automatically when you use our Services.

      • Automatic Collection of Personal Information. We may collect certain information automatically when you use our Services, such as your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier and other unique identifiers, browser or device information, location information (including approximate location derived from IP address), and Internet service provider. We may also automatically collect information regarding your use of our Services, such as pages that you visit before, during and after using our Services, information about the links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our Services.
      • Cookie Policy (and Other Technologies.) We, as well as third parties that provide content or other functionality on our Services, may use cookies, pixel tags, and other technologies (“ Technologies ”) to automatically collect information through your use of our Services.
        • Cookies. Cookies are small text files placed in device browsers that store preferences and facilitate and enhance your experience.
        • Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in our Services that collects information about engagement on our Services. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.
      Our uses of these Technologies fall into the following general categories:
      • Operationally Necessary. This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular website behavior, prevent fraudulent activity, improve security, or allow you to make use of our functionality.
      • Performance-Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how individuals use our Services ( see Analytics below ).
      • Functionality-Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed.
      • Analytics. We may use Technologies and other third-party tools to process analytics information on our Services. These Technologies allow us to better understand how our digital Services are used and to continually improve and personalize our Services.
      • Account Creation. To use the Platform, you will need to create an account either as (i) an individual customer, (ii) an authorized user identified by an arqu customer, whether a retail broker or underwriter, or other legal entity, which has entered into a commercial agreement with arqu (“Base Agreement”), or (iii) the entity which has entered into the Base Agreement with arqu (in each case, your “arqu Account”). To set up an arqu Account, we require your name and email address.
      • Fees and Commissions. We may collect personal information and details associated with fees and commissions that you pay to us, including payment information. Any payments made via our Services are processed by third-party payment processors. We do not directly collect or store any payment card information entered through our Services, but we may receive information associated with your payment card information (e.g., your billing details).
      • Your Communications with Us. We may collect personal information, such as email address, phone number, or mailing address when you request information about our Services, register for any newsletters we may offer, request customer or technical support, or otherwise communicate with us.
      • Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.
      • Job Applications. We may solicit and post job openings and opportunities on our Services. If you respond to one of these postings, we may collect your personal information, such as your application, CV, cover letter, and/or any other information you provide to us.
   1. C. Personal Information Collected from Other Sources

      Third-Party Websites, Applications, or Platforms. We may obtain personal information about you from other sources, including through third-party websites, applications, or platforms (“ Third-Party Platforms ”). For example, if you access our Services through a third-party application, such as a third-party login service, we may collect personal information about you from that third-party application that you have made available via your privacy settings. Third-Party Platforms are not controlled by us and their collection and usage of personal data is subject to their respective privacy policies.

3. HOW WE USE YOUR PERSONAL INFORMATION

   We use your personal information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services, as described below.

   1. A. Provide Our Services

      We use your information to fulfil our contract with you and provide you with our Services, such as:

      • Managing your information and accounts;
      • Providing access to certain areas, functionalities, and features of our Services;
      • Answering requests for customer or technical support;
      • Communicating with you about your account, activities on our Services, and policy changes; and
      • Processing fees and commissions for our Services.
   1. A. Administrative Purposes

      We use your information for various administrative purposes, such as:

      • Pursuing our legitimate interests such as research and development (including marketing research), direct marketing, network and information security, and fraud prevention;
      • Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
      • Measuring interest and engagement in our Services;
      • Improving, upgrading, or enhancing our Services;
      • Developing new products and services;
      • Ensuring internal quality control and safety;
      • Authenticating and verifying individual identities, including requests to exercise your rights under this Privacy Policy;
      • Debugging to identify and repair errors with our Services;
      • Auditing relating to interactions, transactions, and other compliance activities;
      • Sharing personal information with third parties as needed to provide the Services;
      • Enforcing our agreements and policies; and
      • Carrying out activities that are required to comply with our legal obligations.
   1. C. With Your Consent

      We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.

   1. D. Privacy Policy – arqu

      We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.

      We may use personal information to create de-identified and/or aggregated information, such as demographic information, information about the device from which you access our Services, or other analyses we create.

4. HOW WE DISCLOSE YOUR PERSONAL INFORMATION

   We disclose your personal information to third parties for a variety of business purposes, including to provide our Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.

   1. A. Disclosures to Provide our Services

      The categories of third parties with whom we may share your personal information are described below.

      • Service Providers. We may share your personal information with our third-party service providers and vendors that assist us with the provision of our Services. This includes service providers and vendors that provide us with IT support, hosting, payment processing, customer service, and related services.
      • Business Partners. We may share your personal information with business partners to provide you with a product or service you have requested. We may also share your personal information with business partners with whom we jointly offer products or services.
      • Affiliates. We may share your personal information with our company affiliates for example: for our administrative purposes, IT management, or for them to provide services to you or support and supplement the Services we provide.
      • APIs/SDKs. We may use third-party application program interfaces (“ APIs ”) and software development kits (“ SDKs ”) as part of the functionality of our Services. For more information about our use of APIs and SDKs, please contact us as set forth in “Contact Us” below.
   1. B. Disclosures to Protect Us or Others

      We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.

   1. C. Disclosure in the Event of Merger, Sale, or Other Asset Transfers

      If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.

5. YOUR PRIVACY CHOICES AND RIGHTS

   Your Privacy Choices. The privacy choices you may have about your personal information are determined by applicable law and are described below.

   • Email Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding our Services or updates to our Terms or this Privacy Policy).
   • Mobile Devices. We may send you push notifications through our mobile application. You may opt out from receiving these push notifications by changing the settings on your mobile device. With your consent, we may also collect precise location-based information via our mobile application. You may opt out of this collection by changing the settings on your mobile device.
   • “Do Not Track. ” Do Not Track (“ DNT ”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
   • Cookies and Personalized Advertising. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, our Services may not work properly. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android , iOS , and others .

   The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative , Digital Advertising Alliance , the European Digital Advertising Alliance , and Digital Advertising Alliance of Canada .

   Please note you must separately opt out in each browser and on each device.

   Your Privacy Rights. In accordance with applicable law, you may have the right to:

   • Access to and Portability of Your Personal Information , including: (i) confirming whether we are processing your personal information; (ii) obtaining access to or a copy of your personal information; and (iii) receiving an electronic copy of personal information that you have provided to us, or asking us to send that information to another company in a structured, commonly used, and machine readable format (also known as the “right of data portability”);
   • Request Correction of your personal information where it is inaccurate or incomplete. In some cases, we may provide self-service tools that enable you to update your personal information;
   • Request Deletion of your personal information;
   • Request Restriction of or Object to our processing of your personal information where the processing of your personal information is based on our legitimate interest or for direct marketing purposes; and
   • Withdraw your Consent to our processing of your personal information. Please note that your withdrawal will only take effect for future processing, and will not affect the lawfulness of processing before the withdrawal.

   If you would like to exercise any of these rights, please contact us as set forth in “Contact Us” below. We will process such requests in accordance with applicable laws.

6. SECURITY OF YOUR INFORMATION

   We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized access, use, disclosure, or loss of personal information.

   By using our Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on our Services, by mail, or by sending an email to you.

7. INTERNATIONAL DATA TRANSFERS

   All information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the requirements of applicable laws.

   If we transfer personal information which originates in the European Economic Area, Switzerland, and/or the United Kingdom to a country that has not been found to provide an adequate level of protection under applicable data protection laws, one of the safeguards we may use to support such transfer is the Standard Contractual Clauses .

   For more information about the safeguards we use for international transfers of personal information, please contact us as set forth below.

8. RETENTION OF PERSONAL INFORMATION

   We store the personal information we collect as described in this Privacy Policy for as long as you use our Services, or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

9. SUPPLEMENTAL NOTICE FOR CALIFORNIA RESIDENTS

   This Supplemental Notice for California Residents only applies to our processing of personal information that is subject to the California Consumer Privacy Act of 2018 (“ CCPA ”). The CCPA provides California residents with the right to know what categories of personal information arqu has collected about them, and whether arqu disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding twelve months. California residents can find this information below:

   Category of Personal Information Collected by arqu	Category of Third Parties Personal Information is Disclosed to for a Business Purpose
   Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.	Service providers Business partners Affiliates Other third parties you interact with Data analytics providers
   Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) A name, telephone number, credit card number, debit card number, or any other financial information.
   Commercial information Records of personal property, corporate insurance policy information, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	Data analytics providers Service providers
   Internet or other electronic network activity Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	Data analytics providers Service providers
   Geolocation data Physical location or movements.	Data analytics providers Service providers
   Inferences drawn from other personal information to create a profile about a consumer Profile reflecting preferences, characteristics, predispositions, behavior, and attitudes.	Data analytics provider Service providers

   The categories of sources from which we collect personal information and our business and commercial purposes for using personal information are set forth in “Personal Information We Collect” and “How We Use Your Personal Information” above, respectively.

   “Sales” of Personal Information and use of cross-context behavioral advertising under the CCPA/CPRA

   For purposes of the CCPA, arqu does not “sell” personal information, nor do we have actual knowledge of any “sale” of personal information of minors under 16 years of age as the term “sell” is commonly understood. To the extent that such sharing is considered a “sale” under California law, you may limit such sharing by following the instructions found above in the section titled, Your Privacy Choices and Rights > Your Privacy Choices > Cookies and Personalized Advertising, or by contacting us as set forth in “Contact Us” below.

   Additional Privacy Rights for California Residents

   Non-Discrimination. California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA.

   Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. To authorize an agent, provide written authorization signed by you and your designated agent and contact us as set forth in “Contact Us” below for additional instructions.

   Verification. To protect your privacy, we will take steps to reasonably verify your identity before fulfilling your request. These steps may involve asking you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, or to answer questions regarding your account and use of our Services.

   If you are a California resident and would like to exercise any of your rights under the CCPA, please contact us as set forth in “Contact Us” below. We will process such requests in accordance with applicable laws.

   De-Identified Information. If we create or receive de-identified information, we will not attempt to reidentify such information, except to comply with applicable law.

   California Shine the Light. The California “Shine the Light” law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties.

   Right for minors to remove posted content. Where required by law, California residents under the age of 18 may request to have their posted content or information removed from the publicly-viewable portions of the Services by contacting us directly as set forth in Contact Us below or logging into their account and removing the content or information using our self-service tools.

10. SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS

    If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties who intend to license or sell that personal information. You can exercise this right by contacting us at infosec@arqu.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us as set forth in Contact Us below.

11. CHILDREN’S INFORMATION

    The Services are not directed to children under 13 (or other age as required by local law), and we do not knowingly collect personal information from children.

12. CONTACT US

    arqu is the controller of the personal information we process under this Privacy Policy.

    If you have any questions about our privacy practices or this Privacy Policy, or to exercise your rights as detailed in this Privacy Policy, please contact us at:

    arqu, Inc.

    Attn: Chi H Lee

    2021 Fillmore Street, #117

    San Francisco, CA 94115