Privacy Policy

This Privacy Notice for EMARKSS LTD ('we', 'us', or 'our') describes how and why we might access, collect, store, use, and/or share ('process') your personal information when you use our services ('Services'), including when you:

• Visit our website at https://emarkss.com/, or any website of ours that links to this Privacy Notice
• Engage with us in other related ways, for example by email

This notice covers the EMARKSS company website. Our product, Lumnya, is governed by its own privacy policy at lumnya.ai/legal/privacy.

Questions or concerns? Reading this Privacy Notice will help you understand your privacy rights and choices. We are responsible for making decisions about how your personal information is processed. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at contact@emarkss.com.

1. What information do we collect?

Personal information you disclose to us

In short: we collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you contact us, for example by email. The personal information we collect depends on the context of your interactions with us and may include:

• names
• email addresses
• the contents of your message and any other information you choose to include

Sensitive information. We do not process sensitive information.

All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

Information automatically collected

In short: limited technical information, such as your IP address and browser characteristics, is processed automatically when you visit the website.

When you visit the website, our hosting provider, Cloudflare, automatically processes technical information that is needed to deliver the pages to you and to keep the website secure, such as your IP address, browser and device characteristics, the date and time of the request and the pages requested. This information does not reveal your specific identity and is used only to maintain the security and operation of the website.

We use Cloudflare Web Analytics to understand, in aggregate, how the website is used: for example which pages are visited, the referring website, the browser and device type, the country of the visit and how quickly pages load. Cloudflare Web Analytics does not use cookies or local storage and is not used to identify you, follow you across other websites or build a profile about you. We do not use advertising, tracking pixels or social media plugins on this website, and all fonts and assets are served from our own domain.

Information collected from other sources

We do not obtain personal information about website visitors from data brokers, marketing partners or social media platforms.

2. How do we process your information?

In short: we process your information to respond to you, to keep the website secure, and to comply with law.

• To respond to enquiries. We may process your information to respond to your enquiries and to follow up on them.
• To send administrative information to you. We may process your information to send you details relating to your enquiry, changes to our terms and policies, and other similar information.
• To protect our Services. We may process your information as part of our efforts to keep the website safe and secure, including fraud monitoring and prevention.
• To comply with our legal obligations.
• To save or protect an individual's vital interest. We may process your information when necessary to save or protect an individual's vital interest, such as to prevent harm.

We do not use your information for targeted advertising, and we do not sell your personal information.

3. What legal bases do we rely on to process your information?

In short: we only process your personal information when we believe it is necessary and we have a valid legal reason to do so under applicable law.

If you are located in the EU or UK, the General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we rely on. We may rely on the following:

• Consent. We may process your information if you have given us permission to use it for a specific purpose. You can withdraw your consent at any time.
• Performance of a Contract. We may process your personal information when it is necessary to take steps at your request before entering into a contract with you, or to fulfil a contract with you.
• Legitimate Interests. We may process your information when it is reasonably necessary to achieve our legitimate business interests and those interests do not outweigh your interests and fundamental rights and freedoms, for example to reply to your enquiries and to diagnose problems and prevent fraudulent activity.
• Legal Obligations. We may process your information where necessary to comply with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, or to exercise or defend our legal rights.
• Vital Interests. We may process your information where necessary to protect your vital interests or the vital interests of a third party.

4. When and with whom do we share your personal information?

In short: only with the service providers we need to run the website and our email, and in the specific situations below.

• Service providers. We use Cloudflare, Inc. to host and deliver the website and to protect it against abuse, and Hostinger to host our email. They process personal information on our behalf under contract and only on our instructions.
• Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
• Legal requirements. We may disclose information where required to do so by law.

5. What is our stance on third-party websites?

In short: we are not responsible for the safety of any information that you share with third parties that we link to.

The website links to third-party websites and services, such as lumnya.ai, Companies House and X, that have their own privacy practices. The inclusion of a link does not imply an endorsement by us, and any data collected by third parties is not covered by this Privacy Notice. You should review the policies of such third parties and contact them directly with any questions.

6. Do we use cookies and other tracking technologies?

In short: we do not use tracking or advertising cookies. We use cookieless Cloudflare Web Analytics, and our hosting provider may set strictly necessary security cookies.

This website does not set analytics or advertising cookies and does not use tracking pixels or similar technologies to track you. We measure aggregate visits with Cloudflare Web Analytics, which works without cookies (see section 1). More detail is in our Cookie Policy.

7. How long do we keep your information?

In short: we keep your information for as long as necessary to fulfil the purposes outlined in this Privacy Notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this Privacy Notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than 2 years.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

8. How do we keep your information safe?

In short: we aim to protect your personal information through a system of organisational and technical security measures.

We have implemented appropriate and reasonable technical and organisational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorised third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. You should only access the Services within a secure environment.

9. Do we collect information from minors?

In short: we do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly collect, solicit data from, or market to children under 18 years of age, nor do we knowingly sell such personal information. If we learn that personal information from users less than 18 years of age has been collected, we will take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at contact@emarkss.com.

10. What are your privacy rights?

In short: depending on where you live, such as the EEA, UK, Switzerland or Canada, you have rights that give you greater access to and control over your personal information.

In some regions (like the EEA, UK, Switzerland, and Canada), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; (iv) if applicable, to data portability; and (v) not to be subject to automated decision-making. In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting us using the details in section 15 below.

We will consider and act upon any request in accordance with applicable data protection laws.

If you are located in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your Member State data protection authority or, in the UK, to the Information Commissioner's Office (ICO). If you are located in Switzerland, you may contact the Federal Data Protection and Information Commissioner.

Withdrawing your consent. If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time by contacting us. This will not affect the lawfulness of the processing before its withdrawal.

If you have questions or comments about your privacy rights, you may email us at contact@emarkss.com.

11. Controls for Do-Not-Track features

Most web browsers and some mobile operating systems include a Do-Not-Track ('DNT') setting. Because this website does not track visitors across websites and only measures visits in aggregate, without cookies, there is no cross-site tracking for a DNT signal to switch off. If this changes, we will update this Privacy Notice.

12. Do United States residents have specific privacy rights?

In short: if you live in a US state with a consumer privacy law, you may have the right to access, correct, obtain a copy of, or delete your personal information.

Categories of personal information we collect

We have not disclosed, sold, or shared any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months, and we will not sell or share personal information belonging to website visitors in the future.

Your rights

• Right to know whether or not we are processing your personal data
• Right to access your personal data
• Right to correct inaccuracies in your personal data
• Right to request the deletion of your personal data
• Right to obtain a copy of the personal data you previously shared with us
• Right to non-discrimination for exercising your rights

To exercise these rights, email us at contact@emarkss.com. We may need to verify your identity before acting on a request. If we decline to take action, you may appeal our decision by emailing us, and if your appeal is denied, you may submit a complaint to your state attorney general.

13. Do other regions have specific privacy rights?

In short: you may have additional rights based on the country you reside in.

Australia and New Zealand. We collect and process your personal information under the obligations and conditions set by Australia's Privacy Act 1988 and New Zealand's Privacy Act 2020. You have the right to request access to or correction of your personal information, and to complain to the Office of the Australian Information Commissioner or the Office of the New Zealand Privacy Commissioner.

Republic of South Africa. You have the right to request access to or correction of your personal information. If you are unsatisfied with how we address a complaint, you can contact the Information Regulator (South Africa).

14. Do we make updates to this notice?

In short: yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this Privacy Notice from time to time. The updated version will be indicated by an updated date at the top of this Privacy Notice. If we make material changes, we may notify you by prominently posting a notice of such changes. We encourage you to review this Privacy Notice frequently.

15. How can you contact us about this notice?

If you have questions or comments about this notice, you may email us at contact@emarkss.com or contact us by post at:

16. How can you review, update, or delete the data we collect from you?

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, details about how we have processed it, correct inaccuracies, or delete your personal information. You may also have the right to withdraw your consent to our processing of your personal information. To make a request, email us at contact@emarkss.com.