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Privacy Policy

Effective Date: October 16, 2024

1. Introduction

This Privacy Notice provides information about how Dark Horse Solutions LLC, with office located at 634 Hudson St., New York, NY 10014, (“Dark Horse Solutions,” “we,” “our,” “us”) collects and processes the personal data of individuals (“you,” “your”) who visit and/or interact with our website [insert website] (the “Website”), purchase or use our services, and engage in subsequent correspondence or communications with us, whether by email, telephone, or otherwise.

If you are located in the European Union, Dark Horse Solutions is a “controller” of your personal data. This means that we are responsible for deciding the purposes and means by which we use the personal data we hold about you. “Personal data” is any information by which you or any living person can be individually identified either directly or indirectly, but does not include anonymized data. There are “special categories” of more sensitive personal data which require a higher level of protection.

As a controller, we are obliged to provide this Privacy Notice to you under the General Data Protection Regulation (EU) 2016/679 (the “GDPR”). In brief, this Privacy Notice explains:

  • What personal data of yours we hold and why we process it;
  • The legal grounds that allow us to process your personal data;
  • Where we obtain your personal data, who gets to see it, and how long we keep it;
  • Your data protection rights;
  • Where to address queries or complaints.

This Privacy Notice does not form part of any contract, or offer to enter into a contract, with us. It may be amended by us at any time. We reserve the right to amend this Privacy Notice at any time, for any reason, without notice to you, other than the posting of the amended Privacy Notice on the Website. We recommend that you check the Website often, referring to the date of the last modification listed at the top.

It is important that you read this Privacy Notice so that you are aware of how and why we are using your personal data. Please see Section 12 (Your Data Protection Rights) and Section 14 (Contact Us and Queries) for further information about how to contact us, your rights, and how to exercise those rights.

2. Who Does This Privacy Notice Apply To

This Privacy Notice applies to you when you access, browse, and use our Website (through various domains) and interact with us on our Website.

3. What Personal Data We Collect About You

3.1 Categories of Personal Data Collected

We may collect, use, store, and transfer different categories of personal data about you, which we have grouped together as follows:

  • Identity data: including your first name and surname.
  • Username: associated with your subscription.
  • Business contact data: such as your name, title, organization, job title, occupation, address, telephone number, email address, and other personal data contained in documents and communications received in the course of us providing our services.
  • General business interactions: Typically, we process the following kinds of personal data when we communicate with prospective, existing, or former clients, business contacts, and other persons:
    1. Marketing data: including your preferences in receiving marketing communications from us.
    2. Financial data: such as your tax status, tax number, bank account details, financial information, transaction information, credit history including court judgments, and any other information necessary for processing and collecting payments and fraud prevention.
    3. Communications data: including your interactions with us and any complaints or feedback.
    4. Technical data: including internet protocol (IP) address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our services.
    5. Usage data: including information about how you use the Website and our services.
    6. Website: we collect, use, and share aggregated data such as statistical data for various purposes. Aggregated data may be derived from your personal data but is not considered personal data in law as it does not directly or indirectly reveal your identity. For example, we may aggregate usage data to calculate the percentage of users accessing a specific feature of our services.

3.2 Special Categories of Personal Data

We do not collect any special categories of personal data about you (this includes personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for the purpose of uniquely identifying an individual, or data concerning health or sexual orientation).

Where we need to collect personal data by law, or under any terms we have agreed with you or your employer, and you do not provide that personal data when requested, you may not be able to subscribe for or use some of our services. We will inform you at the time of collecting your personal data whether the provision of personal data is required to receive certain services or whether it is optional.

4. How We Collect Your Personal Data

We may receive your personal data through various means, including:

  • Direct interactions:
    We obtain your Identity Data, Contact Data and Communications Data when you interact with us through the Website (including when these are accessed from mobile devices and by phone) or otherwise. This includes personal data you provide when you contact us to request a quote, book a live demo, email us and when you give us feedback. We will receive your Business Contact Data and Financial Data through your interactions with us including when (a) you meet with us (in person or remotely) to discuss proposed or actual services or other service-related matters; (b) we communicate by post, email, telephone, SMS, video conference or by any other means; and (c) you furnish us, or our service providers, forms, documents, contracts and other materials containing your personal data.
    We collect your Marketing Data when you indicate to us your preferences for receiving marketing communications from us
  • Automated technologies
    As you browse and interact with the Website, we collect browser data. We collect this personal data by using cookies and other similar technologies. Please see our [Cookies Policy] for further details.
  • Third party sources
    We may receive personal data about you from third parties. For example, we may receive personal data about you from: (a) Technical Data from Google Analytics to better understand the use of our Website. These features use cookies and anonymous identifiers to collect information.

5. The Legal Bases We Rely on to Process Your Personal Data

The GDPR permit specific legal bases to process personal data. The legal bases we may rely on to process your personal data are:

  • Consent where you have provided freely given, specific, informed and unambiguous consent to the processing of your personal data.
  • Contractual necessity where processing your personal data is necessary for our performance of a contract with you or to take steps at your request to enter a contract.
  • Legal obligation where processing your personal data is necessary for compliance with our legal obligation.
  • Legitimate interests where processing your personal data is necessary for our or a third party’s legitimate interests. We have a legitimate interest in carrying on, managing and administering our business. Part of our business management involves processing your personal data. However, your personal data will not be processed for our legitimate purposes if doing so would override your fundamental rights and freedoms which require protection of your personal data.

6. Why We Process Your Personal Data

We have set out below a description of the ways we typically process your personal data and the legal grounds we rely on to do so:

6.1 Website and Our Services

6.1.1 Purpose / Activity A:

To administer and protect our business, services, Website, and property hosted on or made available through the Website, including implementing and monitoring security measures and access authentication controls, troubleshooting, data and usage analysis, testing, system maintenance, and user support. We may also use the outcome of support services to improve and protect our services, networks, and systems. In some cases, we may anonymize personal data for statistical purposes or pseudonymous passwords for security purposes.

Type of Data:

  • Username
  • Business Contact Data
  • Technical Data
  • Usage Data

Grounds for Processing:

Necessary for the performance of a contract with you.
Necessary to comply with a legal obligation.
Necessary for our legitimate interests, including running our business, ensuring network and systems security, identifying and/or preventing unlawful activity or misconduct, managing disputes, and protecting our interests. We may also collate statistical information to enhance our services and business.

6.1.2 Purpose / Activity B:

To use data analytics and other technologies to monitor usage of our Website, measure the performance of the Website and to optimise them, improve our services, marketing strategy and output, user interactions, relationships and experiences. We may also process information collected when you browse and use our Website to set default options for you (such as language and country).

Type of Data:

  • Technical Data
  • Usage Data

Grounds for Processing:

Necessary for our legitimate interests to obtain insights into how our services are used; improve the services; identify technical issues; fix technical issues; keep our Website updated and relevant; balance web traffic; develop and manage our business and strategies for growth and marketing.

Generally, we do not rely on consent as a legal grounds for processing personal data although we will request your consent before setting any non-essential cookies or similar technologies on your computer or other device.

6.2 General business interactions

6.2.1 Purpose / Activity A:

To manage our relationships including to:

  • respond to communications;
  • schedule, prepare for and attend meetings (in person and remotely);
  • manage, administer and take decisions regarding the on-boarding of our clients;
  • provide, manage and administer our services and our relationship with our client including accounting, auditing, operational and taking other steps linked to the performance of our business relationship;
  • carry out our obligations under and arising from any agreements with our client;
  • manage, collect and pursue monies owed to us;
  • notifying changes to Privacy Notice and to administer data protection, privacy and other rights.

Type of Data:

  • Username
  • Identity and Contact Data
  • Business Contact Data
  • Financial Data

Grounds for Processing:

Necessary for the performance of a contract with you or in order to take steps at your request before entering into a contract.

Necessary to comply with a legal obligation.

Necessary for our legitimate interests for responding to communications, attracting new clients and business, running our business, on-boarding our client, providing our services, providing service information and keeping records.

6.2.2 Purpose / Activity B:

Conducting or exploring any re-organisation of some or all of our business and assets, merger or acquisition or other corporate deal.

Type of Data:

  • Business Contact Data
  • Financial Data

Grounds for Processing:

Necessary for our legitimate interests to run our business, expand or otherwise restructure our business and assets; make corporate decisions, negotiate and enter into corporate transactions.

6.2.3 Purpose / Activity C:

To deal with and manage complaints, claims and legal disputes involving our client, you and/or others; to identify and/or prevent fraud or other breaches of laws; conduct or assist with internal, government, regulatory, law enforcement and other investigations, inquiries or actions; comply with our insurance policies and to exercise or defend our legal rights or to comply with court orders or orders by applicable regulators.

Type of Data:

  • Identity and Contact Data
  • Business Contact Data
  • Financial Data
  • Technical Data
  • Usage Data
  • Username

Grounds for Processing:

Necessary for the performance of a contract with you.

Necessary to comply with a legal obligation.

Necessary for the purposes of obtaining legal advice or for the purposes of, or in connection with, legal claims, prospective legal claims, legal proceedings or prospective legal proceedings, or is otherwise necessary for the purposes of establishing, exercising or defending legal rights.

Necessary for our legitimate interests of managing our business including complying with our policies of insurance and complying with or cooperating with any regulatory requirement or matter.

We will only use your personal data for the purposes for which we collect it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. We may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

7. Third Party Information

7.1 Other individuals’ personal data

Where you provide us with personal data relating to other people, you represent and warrant that you will only do so in accordance with applicable law, including the GDPR. You will ensure that before doing so, the individuals in question are made aware of the fact that we will hold information relating to them and that we may use it for any of the purposes set out in this Privacy Notice and where necessary you will obtain their consent to our use of their information. You will provide anyone that you provide us with personal data about with a copy of this Privacy Notice. We may notify those individuals that you have provided their details to us.

7.2 Information collected through third-party links and content

This Website may include links to other websites and other content from third party businesses and can offer direct interaction with external websites, networks or platforms that are outside our control. These third-party businesses may use cookies, web beacons or other similar technology to collect information about you. We do not have access to or control over these third parties or the cookies, web beacons or other technology that these third parties may use. We are not responsible for the security, privacy of the information collected by these third parties or the privacy practices of these third parties or the content on any third-party website. You are encouraged to review the privacy policies of the different websites you visit.

8. Disclosure of Your Personal Data

We reserve the right to disclose your personal data to third parties:

  • if we are under any legal or regulatory duty to do so; and
  • to protect our rights or the safety of us, our personnel, users or others.

We may disclose your personal data for the purposes listed in Section 6 of this Privacy Notice to the categories of recipients described in this Section 8.

We require these parties to keep your personal data confidential and secure and to protect it in accordance with the law. They are only permitted to process your personal data for the lawful purpose for which it has been shared and in accordance with our instructions.

  • Our affiliates
    Companies within our group of companies who assist us in providing our services.
  • Service providers
    We use third party service providers to hold and use personal data on our behalf in order to provide us with a service.
  • Our advisors
    We may also disclose personal data to our professional advisors and experts in order to obtain their assistance in carrying out our services and our activities. We require these parties to keep your personal data confidential and secure and to protect it in accordance with the law. They are only permitted to process your personal data for the lawful purpose for which it has been shared and where a service provider uses your personal data as our processor, only in accordance with our instructions.
  • Public and government authorities
    Entities that regulate or have jurisdiction over us. We will disclose personal data in order to comply with any legal obligation, if we are ordered to do so by a court of competent jurisdiction, law enforcement, regulatory or administrative authorities. We may also do so where we consider it necessary in order to enforce our legal notices and agreements we may have with you, and/or to protect the rights, property and/or safety of our personnel, agents and others.
  • Corporate activity
    If we acquire other business, dispose of all or part of our business or merge with any other party, it may be necessary for us to disclose your personal data to other parties and their professional and other advisors in the course of any relevant transaction.

9. Transfers of Your Personal Data

In connection with our business and for administrative, management and legal purposes, we may transfer your personal data to jurisdictions outside of the European Economic Area. Where we need to transfer your personal data, we shall ensure that the transfer is lawful and that there are appropriate security arrangements in place.

10. Security of Your Personal Data

Dark Horse Solutions is committed to maintaining the security of your personal data it processes. We maintain appropriate physical, procedural, organisational and technical security measures intended to prevent loss, misuse, unauthorised access, disclosure, or modification of your personal data under our control. We also limit access to your personal data within our organisation and to third parties that need access to your information in providing services to us. They will only process your personal data on our instructions and are required to protect personal data. If you have reason to believe that your personal data is no longer secure, please notify us immediately using the contact information supplied in Section 14 (Contact Us and Queries).

Please be aware that when you transmit information to us or to our service providers over the internet or another telecommunications network this can never be guaranteed to be 100% secure. For any payments which we take from you or pay online we will use a recognised third party online secure payment system, and we are not responsible for the security of this system. You should contact these third parties for information about the security of these internet, telecommunications systems or payment systems if you need further information.

We cannot guarantee against any loss, misuse, unauthorised disclosure, alteration or destruction of data but we take reasonable steps to prevent this from happening. We have put in place measures to protect the security of your personal data and will notify you and any applicable regulator of a breach where we are legally required to do so.

11. Retention of Your Personal Data

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, tax or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

12. Your Data Protection Rights

12.1 U.S. Residents' Privacy Rights

If you are a resident of certain U.S. states, including California, Virginia, and Colorado, you may have specific privacy rights under applicable state laws, including the California Consumer Privacy Act (CCPA), the Virginia Consumer Data Protection Act (VCDPA), and the Colorado Privacy Act (CPA). These rights may include the following:

  • Right to know
    You may request that we disclose what personal information we collect, how we use it, and with whom we share it.
  • Right to delete
    You may request that we delete personal information we have collected about you, subject to certain exceptions.
  • Right to correct
    In certain states, you may request that we correct inaccurate personal information we hold about you.
  • Right to opt-out
    You have the right to opt-out of the sale of your personal information or the sharing of your personal data for targeted advertising purposes. We do not currently sell personal information, but if this changes in the future, we will update this policy and provide a mechanism to opt-out.
  • Right to data portability
    You may request a copy of the personal information you provided to us in a portable, machine-readable format.
  • Non-discrimination
    We will not discriminate against you for exercising any of your rights under applicable U.S. state privacy laws.

To exercise these rights, please contact us via email at concierge@entrepreneurstable.com . We may require additional information to verify your identity before we can process your request.

12.2 EU Residents' Privacy Rights (GDPR)

You have various rights under the GDPR, subject to certain exemptions, in connection with our processing of your personal data, including those set out in the table below.

  • Access and information
    You are entitled to receive, on request and free of charge, a copy of all your personal data that we hold together with other information about the processing of that personal data. There are some limitations to this right. For example, if the personal data also relates to another person and we do not have that person’s consent, or if the personal data is subject to legal privilege. Where there is data that we cannot disclose, we will explain this to you.
  • Rectification of your personal data
    You may request to have inaccurate or incomplete information corrected and updated by us.
  • Erasure of your personal data
    This right enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have exercised your right to object to processing. However, where we hold and process your personal data in order to comply with legal obligations, such as compliance with tax, or for the establishment exercise or defence of legal claims, your right to ask us to delete or remove your personal data is limited.
  • Object to processing
    You may object to our processing of your personal data where we are relying on a legitimate interest (or those of a third party) in order to justify the basis for our processing your personal data and there is something about your particular situation which makes you wish to object to processing on this ground.
  • Request restriction of processing of your personal data
    This right enables you to ask us to suspend the processing of your personal data (e.g. if you want us to establish its accuracy or the reason for processing it).
  • Data portability
    Where we process your personal data by automated means (i.e. not on paper) and this processing is based on your consent or required for the performance of a contract between us, you are entitled, where technically feasible to request that we transmit your personal data in this format to another controller.
  • Not be subject to solely automated decisions
    You have the right to be informed if your personal data will be subject to automated decision making, including profiling, where that decision impacts on your legal rights. Profiling is an automated form of processing of personal data often used to analyse or predict personal aspects about an individual person. We do not engage in profiling.
  • Withdraw consent
    Where you have provided your consent to the collection and processing of your personal data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact us using the information provided below. Once we have received your notification that you have withdrawn your consent, we will no longer process your personal data for the purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
  • The right to complain to a supervisory authority
    You have the right to make a complaint in respect of our compliance with GDPR with our principal supervisory authority, the Data Protection Commission or with another supervisory authority in the European Union.

13. Updating Your Personal Data

You are responsible for notifying us of any changes to your personal data that you provide to us.

14. Contact Us and Queries

If you have any questions or wish to exercise any of your data protection rights, you should raise these with our data protection team by emailing concierge@entrepreneurstable.com . You may also raise complaints with the Data Protection Commission or another supervisory authority.

15. Changes to This Privacy Notice

We will change this Privacy Notice from time to time and any changes will be contained in a revised Privacy Notice posted on the Website.