This notice (together with our Acceptable Use Policy and any applicable end user licence agreement or terms of use of the App Store (if applicable) (together our "Terms of Use") applies to your use of:
- the mobile application software (available on the App Store), once you have downloaded or streamed a copy of the App onto your mobile telephone or other handheld device ("Device"); and
- the desktop application software, accessible through our website
(together referred to as the “App”).
The access to, and provision of content and related services through, the App is referred to in this notice as the “Services”. The App has been developed by Chapelcroft Limited T/A ARK (registered in England, No. 4232492) having its registered office at 51 Saint Leonards Road West, Lytham St. Annes, Lancashire, England, FY8 2PF (“Chaplecroft Limited T/A ARK”, “we” or “us”).
This notice sets out the basis upon which any personal data we collect from you (or from your Employer, as referred to below), or that you provide to us, will be processed by us. ‘Processing’ for the purposes of this notice covers a broad range of activities, including using, transferring, storing and even deleting data
The Services are made available to you pursuant to (and subject to the terms of) an agreement entered into between ARK and your employer (“Employer”) who has acquired licences from ARK, enabling you to access and use the App. With regard to your data, ARK is acting as data processor on behalf of (and upon the instructions of) your Employer, who shall be the data controller for the purposes of the relevant data protection legislation. You can contact your Employer, in their capacity as data controller, using their usual contact details.
Please read the following terms carefully to understand our practices regarding your personal data and how we will treat it.
Use of the app
By registering with, or using, the Services, or supplying data or information through the App, you acknowledge that you are aware of the collection, use and transfer of data under the terms of this privacy notice (and the Terms of Use).
The App may contain links to other sites owned and operated by certain third parties. Such third party sites may also gather information about you in accordance with their own privacy policies. For privacy information relating to such sites, please consult their privacy policies as appropriate. Please be cautious when clicking on external web links, which is done at users’ own risk. ARK do not guarantee or verify the contents of any externally linked website and cannot be held liable for any damages, losses or other implications (direct or indirect) caused by visiting any such external links.
ARK takes the security of its clients’ and users’ personal information seriously and our policies and operations comply with relevant privacy and data protection laws. Any queries should be sent to info@myark.co.uk [mailto:info@myark.co.uk]
Personal data we may collect in relation to you
We may collect, and process, the following types of personal data about you:
- You may give us information about yourself (“Submitted Information”) by a number of different routes, including:
- Information you provide when you download or register with the App and/or when you report a problem with an App, or the Services. This information may include your name, e-mail address, date of birth, phone number, job title, department, username, password and other registration information;
- information you provide in the course of using the Services (including uploading information or content, expressing preferences or likes, or voluntarily participating in any online forum);
- your browsing behaviour, when using the Services;
- if you contact us, we may keep a record of that correspondence;
- details of any preferences which you express (in relation to the subject matter or type of information that you choose to receive from us or that you may have an interest in) in the course of using the Services; and/or
- information collected as a result of any monitoring which may take place. We may monitor certain interactions between us in order to comply with any legal obligations, to detect fraud or criminal activity, to provide technical support and/or for administration purposes.
- Information we collect about you and your Device. Each time you use the Services, we may automatically collect the following information:
- technical information, including the type of mobile device you use, a unique device identifier, mobile network information, your mobile operating system, and time zone setting ("Device Information"); and/or
- details of your use of the Services and the resources or content that you access ("Log Information").
Uses made of the information
We may use personal data we collect about you for the following purposes (and upon the legal basis set out below):
- Submitted Information: We will use information which you submit as part of registering to use the App or the Services (which shall include your name, job title and department) or which your Employer provides to us (in order to establish your user ID for the App or the Services) in order to manage your account and to fulfil our agreement with the Employer, to provide technical support, to notify you regarding any important updates relating to the App or the Services, to answer queries you might raise regarding the App or the Services and for our own internal administrative purposes. (Legitimate Interests)
- To enhance your use of the App: We strive to provide you with choices regarding the information or content which is most relevant to you. We may use your preferences, user behaviour and Device Information to form a view (or to assist the Employer in forming a view) on what information and content may be of interest to you. We may also ask you to identify areas of particular interest and if you choose to provide those details or express any preferences then we may send you information which we feel may be relevant to those areas of interest or which might otherwise be of interest to you based on the preferences identified. This may include information on health and wellbeing. Where you choose to provide a response to the “How do you feel?” daily pulse check, this information is anonymised and is no longer identifiable. By choosing to provide us with any health or wellbeing preferences or by voluntarily providing personal data via any social media or other forums contained within the App, then to the extent that such data amounts to ‘special category data’ (as defined in the relevant legislation, which includes data concerning your health) then you are consenting to our processing that data for the purposes outlined in this privacy notice. Where either ARK or your Employer provides content or polls which may require the collection of sensitive data, we will ask for your explicit consent before collecting and processing any special category data. (Legitimate Interests/Consent).
- Device Information: We will use this information to help ensure that the App presents the correct version and data for your Device. (Legitimate Interests)
- Log Information: this is stored for security and audit purposes and to ensure that we are able to support your use of App. (Legitimate Interests/Compliance with Legal Obligations)
- For security and safety purposes: We will monitor activity in order to help protect our users from security threats and to detect if users are trying to misuse any element of the App or the Services. (Legitimate Interests/Compliance with Legal Obligations)
Basis on which we process your personal data
We may rely on a range of legal grounds (in accordance with applicable privacy laws) in order to ensure that our processing of your personal data is lawful. We have set out in more detail below the various purposes for which we may use your personal data and, against each of these, our legal basis for doing so. The main reasons are: (i) for our legitimate business interests (which include managing and maintaining the App, maintaining and updating our records, providing the services which we have committed to provide under the Agreement entered into between us and the Employer, and helping us to provide you with relevant information and content) but only where your rights and interests do not override our legitimate interests; (ii) to comply with legal obligations; and (iii) where you have provided consent.
Disclosure of your information
We may disclose your personal data to third parties:
- If we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request.
- To a contractor appointed by us to deliver elements of the Services on our behalf (and under our control). Any access granted will be limited to such information as is required for them to deliver the relevant service (and will be subject to appropriate obligations of confidence and compliance with applicable law).
- In order to:
- enforce or apply the Terms of Use and other agreements or to investigate potential breaches of the same; and/or
- protect the rights, property or safety of ARK, our clients, or others (acting at all times in accordance with our obligations under the relevant data protection legislation).
We may also share data with the Employer where it has been anonymised (meaning you are no longer able to be identified from the information) or where the Employer requests the return or transfer of personal data pursuant to the terms of the Agreement entered into between us and the Employer.
We will not use your personal data (or share your personal data with any third party) for marketing purposes.
How and where we store your personal data
We use strict procedures and security features designed to prevent any unauthorised or unlawful access to the personal data processed by us.
Personal data which we hold in relation to you will be stored securely on our servers, which are located in the UK. We may also use service providers to help us run the Site, or the App (such as third party host services or video streaming services) some of whom may be based outside the UK and the EEA. Therefore, in providing the Services, it may from time to time be necessary for us to transfer your personal data to service providers located outwith the UK and/or the EEA. In making any such transfer, we will take such measures as are reasonably necessary to ensure that your data is treated securely, in accordance with this Privacy Notice and applicable legal requirements. These measures include ensuring, where applicable, that the parties to whom such data is transferred are (i) located in countries where the European Commission has made an adequacy decision with respect to the data protection laws of that country, or (ii) covered through the entering into of EU standard contractual clauses for transfers of data (also known as ‘model contracts’) or binding corporate rules, and monitoring to ensure the adequacy of such measures.
Further details of any service providers outwith the UK and/or EEA and to whom we may transfer personal data, together with the relevant safeguards used, are available on request. If you require further details then please contact your Employer in writing, using their usual contact details.
We will, subject to any specific instructions from the Employer, retain a record of your personal data in accordance with relevant law and the following criteria:
- where we have a reasonable business need to do so, for example, to the extent that you continue to be a user of the App; and/or
- in line with any legal and regulatory requirements or guidance in respect of retention periods.
Your rights
Data protection legislation gives you the right to access the information which we hold about you. You are also entitled to have personal data we hold about you changed if it is inaccurate or incomplete. You may be entitled to have the information which we hold about you erased, in certain circumstances, including where it is no longer necessary for us to hold it for the purposes it was originally collected, or (where we are relying on legitimate interests to process your data) you object to such processing, and there is no overriding legitimate interest to continue this. You have a right to restrict processing of data we hold about you in certain circumstances and the right to data portability to allow you to obtain and reuse information we hold about you for your own purposes.
Where we are relying on consent as the legal basis upon which to process your personal data, you may withdraw your consent at any time. This will not affect the lawfulness of any processing carried out prior to such withdrawal. If you withdraw your consent, we may not be able to make certain features of the App available to you – if that is the case then we will advise you of this when you seek to withdraw your consent.
If you would like to exercise any of those rights, please send a written request to app@myark.co.uk [mailto:app@myark.co.uk] or contact your Employer in writing, using their usual contact details.
Although there is no specific method you should use to exercise these rights, we will need sufficient information to identify you and we might request further information to verify your identity.
You are entitled to complain about any breach of your statutory rights to a supervisory authority such as the Information Commissioner’s Office. More information about your rights [http://ico.org.uk/for-the-public/].
Changes to our privacy notice
This privacy notice is effective from 01/07/2026. We may update this privacy notice from time to time (for example, to reflect changes we might make to our services or to reflect changes in the law or best practice). We encourage you to visit this page periodically so that you are aware of any changes which have been made. In addition, changes may be notified to you when you next start or log in to the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.