Privacy Policy
This page contains the Privacy Policy governing the Arkus Capital website and advisory services. We encourage you to read both documents carefully. If you have any questions, our team is available to clarify.
Section 01
Who We Are
This Privacy Policy applies to Arkus Capital (“Arkus,” “we,” “us,” or “our”), a boutique real estate and private lending advisory firm operating in the Republic of Costa Rica.We operate the website located at arkus.cr (the “Site”) and provide real estate brokerage, private lending advisory, Highest and Best Use analysis, legal advisory coordination, and related services (collectively, the “Services”).For purposes of applicable data protection law, Arkus Capital is the data controller responsible for the personal information collected through this Site and in the course of providing our Services.
Arkus Capital
San José, Costa Rica
Website: arkus.cr
Section 02
Information We Collect
We collect information in the following categories:
2.1 Information You Provide Directly
When you contact us through our website forms, by email, by telephone, or through WhatsApp, you may provide:
- Full name and contact details (email address, telephone number)
- Information about your real estate project, investment goals, or financing needs
- Approximate budget, property details, or transaction specifics you choose to share
- Any additional information you include in inquiry messages or consultation calls
2.2 Information Collected Automatically
When you visit our Site, we automatically collect certain technical information through cookies and similar technologies:
- IP address and approximate geographic location (country/region level)
- Browser type, operating system, and device type
- Pages visited, time spent on each page, and navigation path
- Referring URL (how you arrived at our Site)
- Date and time of your visit
2.3 Information We Do Not Collect
We do not collect, process, or store sensitive personal data including government identification numbers, financial account information, health information, or biometric data through our website. Any financial or legal documentation shared in the course of an advisory engagement is handled under separate confidentiality agreements.
| Data Type | Source | Purpose |
|---|---|---|
| Name & contact details | Inquiry forms, email, WhatsApp | Responding to inquiries, advisory engagement |
| Project / investment details | Inquiry forms, consultations | Assessing fit, providing advisory |
| IP address | Automatic (server logs) | Security, analytics |
| Browsing behavior | Cookies (analytics) | Site improvement, usage analytics |
| Email correspondence | Direct communication | Service delivery, record-keeping |
Section 03
How We Use Your Information
We use the information we collect for the following purposes:
- Responding to inquiries:To review, assess, and respond to questions and consultation requests submitted through our website or other channels.
- Providing advisory services:To deliver real estate brokerage, private lending advisory, HBU analysis, and related services to clients who engage with us.
- Client communication:To maintain correspondence throughout an advisory engagement, including updates, proposals, and follow-up communications.
- Site improvement:To understand how visitors use our website and identify opportunities to improve content, structure, and user experience.
- Legal compliance:To comply with applicable laws, regulations, and regulatory requirements in Costa Rica and other relevant jurisdictions.
- Security:To detect, investigate, and prevent unauthorized access to our systems or fraudulent activity.
- Marketing communications:With your explicit consent, to send relevant insights, market updates, or information about our services. You may withdraw consent at any time.
Section 04
Legal Basis for Processing
Under applicable data protection law — including Costa Rica’s Law No. 8968 on Protection of Individuals Against the Processing of Their Personal Data (Ley de Protección de la Persona frente al Tratamiento de sus Datos Personales) — we process your personal data on the following legal bases:
- Consent:Where you have explicitly provided consent — for example, when subscribing to our newsletter or opting into marketing communications. Consent may be withdrawn at any time.
- Contractual necessity:Where processing is necessary to fulfill our obligations to you as a client or to take steps at your request prior to entering into an advisory engagement.
- Legitimate interests:Where processing is necessary for our legitimate business interests — such as website security, analytics, and service improvement — provided those interests are not overridden by your privacy rights.
- Legal obligation:Where processing is required to comply with applicable legal or regulatory requirements.
Section 05
Sharing of Information
We do not sell, rent, or trade your personal information. We may share your information only in the following limited circumstances:
- With service providers:We work with third-party technology providers for website hosting, email delivery, analytics, and CRM management. These providers process data on our behalf and are bound by confidentiality and data processing obligations.
- With professional partners:In the course of delivering advisory services, we may coordinate with legal professionals, architects, appraisers, or other specialists — but only with your knowledge and consent, and only to the extent necessary for the engagement.
- With private lenders or investors:If you engage our private lending advisory service, we may present your project to qualified lenders or investors in our network. This is done with your explicit consent and under confidentiality obligations.
- As required by law:We may disclose information to comply with applicable law, regulation, legal process, or enforceable governmental request, or to protect the rights, property, or safety of Arkus Capital or others.
- In a business transfer:In the event of a merger, acquisition, or sale of all or substantially all of our assets, personal data may be transferred as part of that transaction, subject to equivalent privacy protections.
Section 06
Data Retention
We retain personal data only for as long as necessary to fulfill the purposes for which it was collected, or as required by applicable law.
| Data Category | Retention Period |
|---|---|
| Inquiry and consultation records | 3 years from last contact, or 5 years if a client relationship was established |
| Active client files | Duration of the engagement plus 5 years for legal compliance purposes |
| Marketing consent records | Until consent is withdrawn, plus 1 year for record-keeping |
| Website analytics data | 14 months (aggregated data may be retained longer) |
| Server logs and security data | 90 days, unless required longer for security investigation |
| Email correspondence | 5 years from the date of last correspondence |
Upon expiration of the applicable retention period, we will securely delete or anonymize your personal data, unless we are required by law to retain it for a longer period.
Section 07
Cookies & Tracking Technologies
Our website uses cookies and similar tracking technologies to enhance your browsing experience and collect analytics information. A cookie is a small text file placed on your device by a website.
| Cookie Type | Purpose | Duration |
|---|---|---|
| Essential cookies | Required for the website to function correctly. Cannot be disabled. | Session / up to 1 year |
| Analytics cookies | Collect anonymous data on how visitors use the site (pages visited, time on site, traffic sources). We use Google Analytics. | Up to 14 months |
| Marketing cookies | Used to track visitors across websites for advertising purposes (e.g. Meta Pixel for retargeting). Only active with your consent. | Up to 90 days |
| Preference cookies | Remember choices you make (e.g. language preference) to provide a more personalized experience. | Up to 1 year |
You may control or disable non-essential cookies through your browser settings or through the cookie consent banner displayed on your first visit to our Site. Note that disabling certain cookies may affect the functionality of the Site.For more information about Google Analytics data collection, see Google’s Privacy Policy. You may opt out of Google Analytics tracking at tools.google.com/dlpage/gaoptout.
Section 08
Your Rights
Under Costa Rica’s Law No. 8968 and applicable international data protection frameworks, you have the following rights with respect to your personal data:
- Right of access:You may request a copy of the personal data we hold about you and information about how it is processed.
- Right of rectification:You may request correction of inaccurate or incomplete personal data.
- Right of erasure:You may request deletion of your personal data where it is no longer necessary for the purpose for which it was collected, or where you withdraw consent and there is no other legal basis for processing.
- Right to restrict processing:You may request that we limit the processing of your personal data in certain circumstances — for example, while you contest its accuracy.
- Right to data portability:Where processing is based on consent or contractual necessity, you may request that we provide your data in a structured, machine-readable format.
- Right to object:You may object to processing based on legitimate interests, including direct marketing. Where you object to direct marketing, we will cease processing immediately.
- Right to withdraw consent:Where processing is based on your consent, you may withdraw that consent at any time. Withdrawal does not affect the lawfulness of processing prior to withdrawal.
To exercise any of these rights, please contact us at [email protected]. We will respond to your request within 30 calendar days. We may ask you to verify your identity before processing your request. There is no charge for exercising your rights, except in cases of manifestly unfounded or excessive requests.If you believe your rights have not been adequately addressed, you have the right to lodge a complaint with the Agencia de Protección de Datos de los Habitantes (PRODHAB), Costa Rica’s data protection authority, at www.prodhab.go.cr.
Section 09
Data Security
We implement appropriate technical and organizational measures to protect your personal data against unauthorized access, disclosure, alteration, or destruction. These measures include:
- Secure HTTPS encryption on all pages of our website (SSL/TLS)
- Access controls limiting data access to authorized personnel only
- Secure email communications and encrypted storage of sensitive correspondence
- Regular review of our data handling practices and security controls
- Confidentiality obligations binding all personnel and service providers who handle personal data
In the event of a personal data breach that poses a risk to your rights and freedoms, we will notify you and the relevant supervisory authority as required by applicable law.
Section 10
International Data Transfers
Arkus Capital operates from Costa Rica. However, some of our service providers — including website hosting, analytics, and email platforms — may process data on servers located outside of Costa Rica, potentially including the United States or the European Union.Where personal data is transferred internationally, we ensure that appropriate safeguards are in place to protect it in accordance with applicable data protection law. These safeguards may include standard contractual clauses, adequacy decisions, or other legally recognized transfer mechanisms.If you are located in the European Union or the United Kingdom and have concerns about international data transfers, please contact us at [email protected] for further information.
Section 11
Changes to This Privacy Policy
We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or other factors. When we make material changes, we will update the “Last updated” date at the top of this page and, where appropriate, notify you by email or by a prominent notice on our website.We encourage you to review this Privacy Policy periodically to stay informed about how we protect your information. Your continued use of our website following the posting of any changes constitutes your acceptance of those changes.
Section 12
Contact Us
If you have any questions, concerns, or requests relating to this Privacy Policy or our data handling practices, please contact us. We will acknowledge receipt of your inquiry within 5 business days and provide a substantive response within 30 calendar days.