Privacy Policy

PRIVACY POLICY

LAST MODIFIED: August 19, 2024

INTRODUCTION

DarkOwl (hereinafter, DarkOwl or the Company) respects your privacy and is committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect about you (hereinafter, you or customer), how we then use that information and how we protect it. This includes information that you may provide to us when you use our website or when you use the DarkOwl Vision Professional Tools SaaS (Software as a Service) (hereinafter, the Software), or that we collect from publicly available sources

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it.

Our website, and search results generated by our Software may contain links to sites maintained by third parties. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy notices. This privacy policy does not reflect the privacy practices of those sites. When you leave our website, we encourage you to read the privacy policy of every website you visit.

PRIVACY LAWS THAT APPLY TO YOU

The personal data of customers and individuals based:

in the United Kingdom (“UK”), will be governed by, and processed in accordance with, the privacy laws of the UK. The UK privacy laws include: (i) the Data Protection Act 2018 (“DPA”); (ii) the Privacy and Electronic Communications (EC Directive) Regulations 2003 (“PECR”); and (iii) the UK GDPR, being the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) and as defined by section 3(10) of the DPA.

in Europe, or the European Economic Area (“EEA”), will be governed by, and processed in accordance with, the privacy laws of Europe. The European (and EEA) privacy laws include: (i) the General Data Protection Regulation ((EU) 2016/679); and (ii) the PECR.

in the United States, will be governed by, and processed in accordance with, the privacy laws of the relevant State in which the client and/or individual is based.

CONTROLLER

The “DarkOwl Group” means DarkOwl LLC and its affiliates and its and their respective subsidiaries. When we say “DarkOwl”, “we”, “us” or “our” in this privacy policy, we are referring to the relevant entity in the DarkOwl Group that is responsible for processing your data.

For the purposes of the UK and European privacy laws:

DarkOwl LLC is the controller and is responsible for our website and the Software; and
The DarkOwl entity within the DarkOwl Group that is party to the applicable contract in connection with which your personal data is collected will be the processor of such personal data.

CORPORATE CUSTOMERS

While our website is generally available, DarkOwl’s Software may only be used and accessed by authorized users employed by or affiliated with corporate customers and governmental entities (each, a customer) that have completed the online registration process, accepted DarkOwl’s End User License Agreement (EULA) and been approved for access following DarkOwl’s review of the information input by the customer during the online registration process.

CHILDREN UNDER THE AGE OF 13

Neither our website nor the Software is intended for access or use by, and we do not knowingly collect personal information from, children under 13 years of age.

If you are under 13 years of age, do not access, use or provide any information on our website, including completing the online registration process for the Software, or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use.

If we learn we have collected or received personal information from a child under 13 years of age, we will delete that information. If you believe we might have any information from or about a child under 13 years of age, please contact us here.

INFORMATION WE COLLECT, WHY WE COLLECT IT AND HOW

Personal data means any information about an individual from which that person can be identified.

What We Collect

We collect, use, store and transfer several types of information from and about customers who access our website or use the Software, including the following information:

Identity, contact and financial information, such as name, postal address, e-mail address, domain name, telephone number, payment card details, government identification numbers, information contained within identity documents, employer identification number or any other information input as part of the online registration process or which the Software collects during customer use that is defined as personal or personally identifiable information under applicable law.
Usage and profile information regarding a customer’s use of our website or the Software, including usernames, passwords, transaction information, browsing activity, search queries and results.
Technical information about the computing environment a customer uses to access our website or the Software. This may include IP addresses, time zone setting and locations, browser types, operating systems, device information and other information obtained through tracking technologies.

How We Collect It

We collect this information:

Directly from you, including as part of the online registration process, subscribing to our services, or through other interactions that you have with us such as filing in online forms, contacting us by email or post.
Automatically as you access and interact with our website or the Software (including usage details, IP addresses and other information obtained through tracking technologies). This could include the use of cookies and other similar technologies.
From third parties and other publicly available sources.

Why We Collect It

The law in certain countries (for example, across Europe) requires us to have a legal basis for collecting and using your personal information. There are many reasons why we may collect and use your personal information, and we will rely on one or more of the following legal bases:

Performance of a Contract with you: Where we need to perform the contract we are about to enter into or have entered into with you.
Legitimate Interests: We may use your personal data where it is necessary to conduct our business and pursue our legitimate interests, for example to prevent fraud and enable us to give you the best and most secure customer experience. We make sure we consider and balance any potential impact on you and your rights (both positive and negative) before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
Legal Obligation: We may use your personal data where it is necessary for compliance with a legal obligation that we are subject to. We will identify the relevant legal obligation when we rely on this legal basis.
Public Interest: We may collect and use your personal information where it is necessary for us to perform a task which is carried out in the public interest, or where instructed to do so to allow an official authority to exercise its powers.
Consent: We rely on consent only where we have obtained your active agreement to use your personal data for a specified purpose, for example if you subscribe to an email newsletter.

How This Applies To You

Due to the nature of our services (including the Software) and the purposes for collection, the information that we collect, the reasons for collecting and who is responsible for your data will vary depending on a number of factors including whether you are using our website or our Software, and why the data is collected. We have therefore set out, in the table below, the ways we intend to use personal information and the specific reasons for doing so.

Purpose and Use	Types of Personal Information	How the Information is Collected	Legal Basis	Who is Responsible
Registering as a new customer and allowing access to the Software.	Identity and contact information including name, email address, postal address, and any necessary identification (including identity numbers where appropriate).	Information you provide directly to DarkOwl.	Performance of a contract with you.	We are the ‘controller’ of this data for the purpose of the UK and EU data protection laws.
To process and deliver your order including: Manage payments, fees and charges Collect and recover money owed to us	Identity, financial and transaction information including name, contact information, payment card information, details of your purchase of our services.	Information you provide directly to DarkOwl.	(a) Performance of a contract with you. (b) Necessary for our legitimate interests (to recover debts due to us).	We are the ‘controller’ of this data for the purpose of the UK and EU data protection laws.
Corresponding and managing our relationship with you, including: – Dealing with your concerns, requests, queries and complaints. – Notifying you about changes to important terms or our policies. – Assisting with the use of and your access to our Software. – To provide you with notices about your account, including expiration and renewal notices	Identity and contact information including name, email address, postal address, and any necessary identification (including identity numbers where appropriate). Profile information including your usernames, passwords, password hints or security questions. Information about your purchase from us including subscription details	Information you provide directly to DarkOwl.	(a) Performance of a contract with you. (b) Necessary to comply with a legal obligation. (c) Necessary for our legitimate interests (to keep our records updated and manage our relationship with you).	We are the ‘controller’ of this data for the purpose of the UK and EU data protection laws.
Searches of the Software conducted by a customer. This specific activity is the inputting of the search parameters into our Software only.	Name Email addresses Usernames and password Government-issued ID numbers Credit card numbers and other financial information Physical locations, including home and work addresses IP addresses	The search inputted by or a customer will contain information that we have obtained directly from the customer. Collection of the information contained in the database itself is dealt with further in this table below.	As the ‘controller’ is the Customer, they will determine the lawful basis for the use of this personal information.	The customer is the ‘controller’ of this data for the purpose of the UK and EU data protection laws. This therefore falls outside of the scope of this privacy policy, but has been included to provide clarity to the use of your data
Responses to and results from your (or a customers) search queries generated by the Software. Once the search parameter is inputted into our Software, the database returns the matching results to a Customer.	Name Email addresses Usernames and password Government-issued ID numbers Credit other payment card numbers and other financial information Physical locations, including home and work addresses IP addresses	The personal information returned will be information compiled through collection from third party websites and publicly available sources, including through various darknet and other Internet sources published by third parties.	As the ‘controller’ is the Customer, they will determine the lawful basis for the use of this personal information. However, the legal basis for the collection of the personal information is further dealt with in this table below.	The customer is the ‘controller’ of this data for the purpose of the UK and EU data protection laws. This therefore falls outside of the scope of this privacy policy, but has been included to provide clarity to the use of your data.
Dealing with problems or difficulties using the Software and receiving issue reports from you.	Identity and contact information including name, email address, postal address, and usage and profile information such as user names, and a log of your activities on the Software.	Information you provide directly to DarkOwl.	(a) Performance of a contract with you. (b) Necessary for our legitimate interests (for provision of administration and IT services, to ensure the suer can effectively use the Software).	We are the ‘controller’ of this data for the purpose of the UK and EU data protection laws.
To administer and protect our business, the website and the Software (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	Identity and contact information including name, email address, postal address, and any necessary identification (including identity numbers where appropriate). Technical, usage and profile information such as user names, a log of your activities on the Software, internet protocol (IP) addresses.	As you interact with our website and the Software, we will automatically collect information about your equipment, browsing actions and patterns using cookies, server logs and other similar technologies. Otherwise, this information is provided by you directly to DarkOwl.	(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise). (b) In some cases, necessary to comply with a legal obligation	We are the ‘controller’ of this data for the purpose of the UK and EU data protection laws.
To deliver relevant website content and online advertisements to you and measure or understand the effectiveness of the advertising we serve to you.	Profile and contact information such as name, email address, usernames. Usage information including information about how you interact with and use our website, products and services. Marketing information including your preferences in receiving marketing from us and our third parties and your communication preferences	As you interact with our website and the Software, we will automatically collect information about your equipment, browsing actions and patterns using cookies, server logs and other similar technologies. Otherwise, this information is provided by you directly to DarkOwl.	Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy).	We are the ‘controller’ of this data for the purpose of the UK and EU data protection laws.
To use data analytics to improve our website, Software, other products/services, customer relationships and experiences and to measure the effectiveness of our communications and marketing.	Technical information including internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, device ID and other technology on the devices you use to access the website and the Software.	As you interact with our website and the Software, we will automatically collect information about your equipment, browsing actions and patterns using cookies, server logs and other similar technologies.	Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy).	We are the ‘controller’ of this data for the purpose of the UK and EU data protection laws.
To send you relevant marketing communications and make personalized suggestions and recommendations to you about goods or services that may be of interest to you.	Profile and contact information such as name, email address, usernames. Usage information including information about how you interact with and use our website, products and services. Marketing information including your preferences in receiving marketing from us and our third parties and your communication preferences	Information you provide directly to DarkOwl, or in the case of usage information using cookies, server logs and other similar technologies.	Necessary for our legitimate interests (to carry out direct marketing, develop our products/services and grow our business). In some limited circumstances, we may ask for your consent to receive direct marketing communications. In this case, during the registration process on our website when your personal data is collected, you will be asked to indicate your preferences for receiving direct marketing communications from us. You can ask to stop sending you marketing communications at any time by updating your preferences, by contacting us, or by following the opt-out links within any marketing communication sent to you.	We are the ‘controller’ of this data for the purpose of the UK and EU data protection laws.
To carry out market research through your voluntary participation in surveys and other such requests for assistance.	Profile and contact information such as name, email address, usernames.	Information you provide directly to DarkOwl.		We are the ‘controller’ of this data for the purpose of the UK and EU data protection laws.
To ensure compliance with the terms of the EULA and any other terms governing a customer’s use of our website or the Software.	Profile and contact information such as name, email address, usernames. Usage information about how you interact with and use our website, and our using our Software.	Automatically collected by various technologies to ensure compliance, or as received directly from you.	(a) Necessary for our legitimate interests (to ensure our Software is being used in compliance with legal obligations and other relevant laws). (b) Necessary to comply with a legal obligation	We are the ‘controller’ of this data for the purpose of the UK and EU data protection laws.
Compiling the database in the Software: Collecting and identifying personal information of individuals that has been compromised or that has been part of a data breach of a third party.	Name Email addresses Usernames and password Government-issued ID numbers Credit other payment card numbers and other financial information Physical locations, including home and work addresses IP addresses	The personal information contained in the database on the Software is collected from third party websites and publicly available sources, including through various darknet and other Internet sources published by third parties.	((a) Necessary for our legitimate interest, and your legitimate interests (and the legitimate interests of third parties), to alert individuals and their agents that their personal information has been compromised or illegally accessed and shared by third parties. (b) Necessary for our legitimate interest, and your legitimate interests (and the legitimate interests of third parties), to highlight the unlawful and negative practices of third parties and allow the data subject to regain control and protection of their data (c) Necessary for our legitimate interest, and your legitimate interests (and the legitimate interests of third parties), to detect, and support the prevention and combatting of, cyber crimes.	We are the ‘controller’ of this data for the purpose of the UK and EU data protection laws.
Maintaining the database (within the Software) that is searchable by customers and used to conduct searches, protect.	Name Email addresses Usernames and password Government-issued ID numbers Credit other payment card numbers and other financial information Physical locations, including home and work addresses IP addresses	The information contained in the database on the Software is collected from third party websites and publicly available sources, including through various darknet and other Internet sources published by third parties.	(a) Necessary for our legitimate interest, and your legitimate interests (and the legitimate interests of third parties), as set out the in collection purposes above, however the maintenance purpose additionally includes our legitimate interest, and your legitimate interests (and the legitimate interests of third parties), to ensure that our database is accurate and up to date in so far as we are able.	We are the ‘controller’ of this data for the purpose of the UK and EU data protection laws.
Searching the Software: To allow users of our Software and other services to identify their own information (or information of persons for whom they are authorized to act) that may be located on certain Internet sources, or that have been unlawfully obtained by a third party.	Name Email addresses Usernames and password Government-issued ID numbers Credit other payment card numbers and other financial information Physical locations, including home and work addresses IP addresses	The personal information available to search will be information compiled through collection from third party websites and publicly available sources, including through various darknet and other Internet sources published by third parties	As the ‘controller’ is the Customer, they will determine the lawful basis for the use of this personal information. However, in this regard, the legal bases is likely to be in accordance with the legitimate interests set out in respect of the collection of the personal information for the data as above.	The customer is the ‘controller’ of this data for the purpose of the UK and EU data protection laws. This therefore falls outside of the scope of this privacy policy, but has been included to provide clarity to the use of your data
Searching the Software: Allow law enforcement and other government organizations (who are customers of DarkOwl) to use the Software for valid law enforcement, defense and intelligence activities that they are lawfully authorized to conduct.	Name Email addresses Usernames and password Government-issued ID numbers Credit other payment card numbers and other financial information Physical locations, including home and work addresses IP addresses	The personal information available to search will be information compiled through collection from third party websites and publicly available sources, including through various darknet and other Internet sources published by third parties	As the ‘controller’ is the Customer, they will determine the lawful basis for the use of this personal information. However, in this regard, the legal bases is likely to be: Necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. Or, in accordance with the legitimate interests set out in respect of the collection of the personal information for the data as above.	The customer is the ‘controller’ of this data for the purpose of the UK and EU data protection laws. This therefore falls outside of the scope of this privacy policy, but has been included to provide clarity to the use of your data

DISCLOSURE OF CUSTOMER INFORMATION

We may disclose aggregated information about our customers, and information that does not identify any particular customer, without restriction and, in those circumstances, no personal information is shared.

In accordance with the table above, where you are not the customer, we may share your personal information with a customer where they are the controller of the personal information and are acting as your agent. The only information shared with a customer will be information that has arisen from their own search criteria and as such, your information will only be disclosed in searches in circumstances where you are connected to our customer.

We may disclose personally identifiable information that we collect or you provide as described in this privacy policy:

Within the DarkOwl group.
To contractors, service providers and other third parties we use to support our business.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of DarkOwl’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by DarkOwl about our customers is among the assets transferred.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
With your consent.

We may also disclose your personal information:

To comply with any court order, law or legal process, including to respond to any government or regulatory request.
To enforce or apply the terms of our EULA and other agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of DarkOwl, our customers or others.

We require all third parties service providers with whom we share any of your personal data to respect the security of such personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use such personal data for their own purposes and only permit them to process such personal data for specified purposes and in accordance with our instructions.

International Transfers

We share your personal information within the DarkOwl Group and in some cases to service providers that carry out certain functions on our behalf. As such, if you are based in Europe this will involve transferring your information outside the UK and EEA to our offices and servers in the United States.

Whenever we transfer your personal data out of the UK or the EEA to countries which have laws that do not provide the same level of data protection as the UK or EU laws, we always ensure that a similar degree of protection is afforded to it by ensuring that the specific safeguards are implemented.

This includes using specific standard contractual terms approved for use in the UK or by the European Commission which give the transferred personal information the same protection as it has in the UK and the EU, namely the European Commission’s standard contractual clauses for international data transfers, the International Data Transfer Agreement, or The International Data Transfer Addendum to the European Commission’s standard contractual clauses for international data transfers.

DATA SECURITY

We have implemented reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions, submission of any login credentials or any other sensitive data will be encrypted using the TLS/SSL protocol(s).

The safety and security of your information also depends on you. You are responsible for keeping all usernames and passwords necessary to access the Softare confidential.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

DATA RETENTION

We will only retain your personal information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal information, 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, regulatory, tax, accounting or other requirements.

By law we have to keep basic information about our customers (including contact, identity, financial and transaction information) for six years after they cease being customers for tax purposes.

In some circumstances you can ask us to delete your personal information as set out in the appropriate section titled “Your Legal Rights” below.

YOUR LEGAL RIGHTS (WHEN THE PRIVACY LAWS OF THE UK AND/OR EU APPLY)

Under the UK and EU privacy laws, and certain circumstances, you have rights under data protection laws in relation to your personal data, including the right to:

request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data that we hold about you and to check that we are lawfully processing it.
request correction of your personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
request erasure of your personal data. This 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 successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local laws. Please note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground, as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
request restriction of processing your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (i) if you want us to establish the data’s accuracy; (ii) where our use of the data is unlawful but you do not want us to erase it; (iii) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; (iv) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
request transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
withdraw consent where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us using the contact details relevant to you as set out in this policy.

You will not usually have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

YOUR LEGAL RIGHTS (WHEN THE PRIVACY LAWS OF THE UNITED STATES APPLY)

The legal rights available under the privacy laws of the United States will depend on the laws of the State in which you reside. If you would like to know more about your legal rights under the laws of the United States, please contact us via the contact details set out for the United States entity in the DarkOwl Group as set out in this policy.

CHANGES TO DARKOWL’S PRIVACY POLICY

It is DarkOwl’s policy to post any changes we make to our privacy policy on this page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically reviewing this privacy policy to check for any changes.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us, for example a new address or email address.

CONTACT INFORMATION AND COMPLAINTS

If you have any questions about this privacy policy or our privacy practices, please contact us using the details set out below.

We would, appreciate the chance to deal with any concerns you have before you approach the relevant data protection authority, so please contact us in the first instance.

United Kingdom:

Full name of legal entity: DarkOwl Ltd (Company Number: 15794246), incorporated and registered in England and Wales.

Email address: [email protected]

Postal Address: 10 John Street, London, United Kingdom, WC1N 2EB.

If you are based in the UK, or are working with our entity based in the UK, you have the right to make a complaint at any time to a relevant Data Protection Authority based within the UK. The UK regulator for data protection issues is the Information Commissioner’s Office (ICO) (www.ico.org.uk).

European Union:

EU Representative: ePrivacy Holding GmbH, on behalf of DarkOwl, LLC

Website: www.eprivacy.eu/en/legal

Postal Address: Burchardstraße 14, 20095 Hamburg, Germany

If you wish to contact DarkOwl directly, please use our email address: [email protected]

If you are based in an EU member state (and/or within the EEA), you have the right to make a complaint at any time to a relevant Data Protection Authority based in your member state. You can find the relevant European Data Protection Authority through the European Data Protection Board or the European Data Protection Supervisor (https://edpb.europa.eu/about-edpb/about-edpb/members_en).

United States:

Full name of legal entity: DarkOwl LLC, a Colorado limited liability company.

Email address: [email protected]

Postal Address: 216, 16^th Street Mall No 700, Denver, CO 80202, United States.

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