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Privacy Policy

Terms and Conditions of Use

Agreement to Terms and Conditions

These Terms and Conditions of Use (the “Terms of Use”) govern your use of the Duarte, Inc. website (“the Site”) and the services and materials provided therein. The Site is the property of Duarte, Inc. and Duarte Press, LLC. (hereinafter collectively referred to as “Duarte”). BY ACCESSING AND USING THE SITE, YOU EXPRESSLY AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, DO NOT ACCESS OR USE THE SITE.

Duarte reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time.  Your continued use of this Site, our products and/or services indicates your agreement to abide by these updated Terms of Use.  Please check the Terms of Use regularly to stay informed about any changes.

By accessing this Site, and/or by using our services and/or products, you represent and warrant that you have the power to enter into these Terms of Use. You agree to abide by all laws including, but not limited to, intellectual property laws of the United States and the country in which you abide. You may not access these services if you are a competitor of Duarte. Determination of whether you are a “competitor” is solely per Duarte’s discretion. Should you be refused access to services on this basis, you will be denied access to services.

Use of the Site and Services

This Site and the services and/or products offered on this Site are intended for the individual use of customers of Duarte. Unless you have entered into a separate License Agreement with Duarte, the products and/or services are not for release in corporate systems or re-packaged for re-sale or distribution as a group or sub-groups. They are not to be shared on websites or blogs or through other media channels.

Intellectual Property

All materials, including but not limited to images, text, diagrams, workshops, videos, tangible and intangible products, and the organization and presentation of these materials on this Site are the property of Duarte and may be protected by intellectual property laws, including but not limited to U.S. and international laws governing copyright, trademark, trade name, domain names, etc.   Unless you have entered into a separate License Agreement with Duarte, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the materials found on this Site or in Duarte workshops, in whole or in part.  Making, reproducing or distributing copyrighted or other protected materials without prior authorization will be considered illegal use, and Duarte reserves the right to defend our works against such use, including but not limited to prosecution by law.

Permission

Duarte services and materials are not available to competitors of Duarte. Determination of whether you are a “competitor” is solely per Duarte’s discretion and access to services and any licenses will be denied on this basis.

Duarte materials are proprietary. If you wish to use Duarte materials other than for personal use on a limited basis, you must request permission to do so which will be reviewed on a case-by-case basis.  Please specify if this is a request from outside the United States of America, the intended use, the specific materials requested and your contact and company information. All requests shall be determined at Duarte’s sole discretion and may or may not be granted.

Licensing

Contact Duarte at academy@duarte.com for Multi-User licenses and other opportunities to purchase and use Duarte copyrighted materials.

Limitations of Liability

We do not guarantee that our products and/or services will meet your needs. All products and/or services are provided on an “as is” basis.  No guarantee is expressed or implied.  By choosing to ACCESS THIS SITE AND/OR use OUR PRODUCTS AND/OR SERVICES, you do so at your own risk.  Duarte, its affiliates, DIRECTORS, OFFICERS, EMPLOYEES and representatives are not responsible for any damage, whether physical, electronic, financial or otherwise that may result from the use of the SITE OR ANY OF THE PRODUCTS AND/OR SERVICES AVAILABLE THROUGH THE SITE.  YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SITE.  In no event will Duarte’s liability to you for any claims under these Terms of Use be greater than the amount paid by you to Duarte.  In no event will Duarte, its affiliates, directors, officers, employees or representatives be liable to you under any circumstances for any third party, special, exemplary, punitive, indirect, multiple, incidental, or consequential damages (including, but not limited to, any loss of data, loss of use, or interruption of business) arising out of, or in connection with, these Terms of Use, even if Duarte has been advised of the possibility of such damages.

Indemnity

By accepting these Terms of Use and accessing and/or using the products and services available through this Site, you agree to indemnify and hold Duarte, its affiliates and representatives harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Duarte or its affiliates and representatives by any third party due to or arising out of or in connection with your use of the Site, the products and/or services.

Privacy

This Privacy Policy (“Policy”) describes the information that Duarte gathers on or through our website and the services we offer on our website, how we use and disclose such information, and the steps we take to protect such information. By visiting the site, or by purchasing or using the services (such as e-courses and workshops), you accept the privacy practices described in this Policy.

This Policy is incorporated into, and is subject to, the Duarte Terms of Service.

  1. INFORMATION WE COLLECT: what it is

Under this Policy, information that could be used to identify or contact you is considered “Personal Information”. The type of information we collect from you is either information: (i) you provide to us, or (ii) it is collected automatically. You may provide information to us that is specific to you (personal information) including your first and last name, contact information, email address, Username, physical address and/or payment information which come directly to us or go to our third party payment processors.

  1. INFORMATION WE COLLECT: why we collect it

We may use your information, including your Personal Information, for the following purposes:

  • To improve our site and for research and analytical purposes in either an aggregated or individual user basis
  • To provide services (communication, response to inquiries, troubleshooting problems, processing orders, customer service purposes)
  • To respond to subscriptions if you sign up to any of our mailing lists (Promotions, Resources, Surveys and Newsletter). Note: you are not automatically signed up and if you do sign up you will receive relevant marketing emails about our upcoming public workshops and special deals. Of course, you have the right and option to opt-out at any time.  These subscription lists are managed by HubSpot and the minimum amount of Personal Information is collected for the purposes listed above
  • Finally, we may use your information if it is necessary to protect our own rights and interest to resolve disputes, enforce our Terms and to respond to legal requests

If you respond to a job posting and submit any Personal Information to us, this may be shared with third parties that we use to facilitate our hiring processes. Personal Information collected in this capacity will be used solely for the purpose specified; such information is not subject to the terms of this Privacy Policy.

  1. INFORMATION WE COLLECT: how we use it

We use the information that we collect in a variety of ways to provide services and operate our business, including the following:

Operations 

We use the information to operate, maintain, enhance and provide all features of our business, to provide workshops and e-courses, to respond to comments and questions and to provide support to users of the services and information that you request.

Improvements

We use the information to understand and analyze trends in those who visit or use our services, to improve the services we offer, and to develop new products, features, and functionality. Should any of these purposes require Duarte to process any personal information, then the data is only and will only be used in anonymized or aggregated form.

Communications

We may use a visitor’s or user’s email address or other information to contact that person (i) for administrative purposes such as customer service, to address intellectual property infringement, right of privacy violations or (ii) with updates on promotions and events, relating to products and services offered by us. You have the ability to opt-out of receiving any promotional communications as described below under “Your Choices.”

Cookies and Tracking Technologies

We use automatically collected information and other information collected through cookies and similar technologies to distinguish between users. This allows us to use this data to improve our site. Specifically, we use this information to (i) somewhat personalize our site, remembering a visitor’s information so that it will not have to be re-entered during a visit or on subsequent visits; (ii) provide customized content, and information; (iii) monitor and analyze the effectiveness of our marketing activities; (iv) monitor aggregate site usage metrics (such as total number of visitors and pages viewed); and (v) track your entries, submissions, and status in any promotions or other activities on the site.

Analytics

This site uses the following Third Party Data Processor, Google Analytics, to track user interaction. We use this data to see how people use our site, and how many of them there are.  Google Analytics operates independently from us and has its own privacy policy and does not personally identify you to us. Your geographic location, device, browser and operating system are recorded by Google Analytics. Your computer IP address (which could be used to personally identify you) is also recorded by GA, but we are not granted access to this. Google Analytics makes use of cookies, details of which can be found on Google’s developer guides. For more information, see Google Analytics Privacy and Data Sharing. Disabling cookies on your internet browser will stop Google Analytics from tracking any part of your visit to pages within this website.

  1. Disclosure of Information

Except as described in this Policy, we will not intentionally disclose the Personal Information (including any aggregated or individual data or client data) that we collect or store to third parties without the consent of the applicable user or Client. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:

Service Providers

We work with third party service providers who provide website, hosting, maintenance, and other services for us. These third parties may have access to, or process Personal Information as part of providing those services for us. We limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and our contracts with them require them to maintain the confidentiality of such information. We use Disqus technology to manage our Blog comments. We use HubSpot to collect user information via forms and email communications sign ups. We also use third party technologies for individuals to sign up for workshops and e-courses, these are HotJar, Thrive Themes AND Regfox/ T.I.. Additionally, we use Salesforce.com to manage sales and account information and Workamajig to maintain project and project contact data. You can refer to any of these third-party services for their privacy policies.

Nonpersonally Identifiable Information

We may make certain automatically-collected, aggregated, or otherwise nonpersonally-identifiable information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) business or marketing purposes; or (iii) to assist such parties in understanding our visitor’s usage patterns for certain programs, content, services, and/or functionality offered by Duarte through our website.

Law Enforcement, Legal Process and Compliance

We may disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to comply with applicable laws, in response to a facially valid court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.

We also reserve the right to disclose Personal Information that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Duarte and its services, or (v) protect our property or other legal rights, enforce our contracts, or protect the rights, property, or safety of others.

Change of Ownership

Information about Users and Visitors, including Personal Information, may be disclosed and otherwise transferred to an acquirer, successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets and only if the recipient of the User or Visitor Information commits to a Privacy Policy that has terms substantially consistent with this Privacy Policy.

Client Data may be physically or electronically transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets, for the sole purpose of continuing the operation of the Service, and only if the recipient of the Client Data commits to a Privacy Policy that has terms substantially consistent with this Privacy Policy.

  1. Your Choices

Access, Correction, Deletion

We use a third party data processor, HubSpot. The email address you submit are not stored within our site database, but in HubSpot until they request removal from us. You have the right to request removal, and can do this by unsubscribing using the unsubscribe links in the emails we send or by requesting removal via email by contacting support@duarte.com. Please let us know if you wish to correct or delete your information.

Navigation Information

You may opt out from the collection of navigation information about your visit to our site by Google Analytics by using the Google Analytics Opt-out feature.

Opting out from Marketing Communications and Newsletters

By signing up to one of our Duarte newsletters you are giving consent to receive relevant marketing emails and communications from Duarte (“Subscription”). Your Subscription will allow Duarte to contact you regarding the newsletters and any other Duarte sites and services. Services are all provided by one legal entity.  Our Subscription lists are managed by HubSpot and your Subscription may be subject to HubSpot’s terms and use of privacy policy (https://legal.hubspot.com/privacy-policy).f you have previously signed up for a Duarte newsletter and would like to unsubscribe, you may opt-out of these communications at any time by using the unsubscribe link at the bottom of the email or by emailing us at support@duarte.com.

  1. Privacy Shield

Duarte, Inc. complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States.  Duarte has certified to the Department of Commerce that it adheres to the Privacy Shield Principles.  If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

  1. Your California Privacy Rights

We will not share any Personal Information or Personal Data with third-parties for their direct marketing purposes to the extent prohibited by California law. If our practices change, we will do so in accordance with applicable laws and will notify you in advance. 

  1. Third Party Cookies

California law requires that operators of websites and online services disclose whether other third parties may collect personally identifiable information about an individual’s online activities from their site or service. We use Google Analytics to track visitor behavior/activity by attributing it to their IP address of computer or device that is being accessed. This helps us gather data to improve our site performance, visitor experience and visitor preferences. For more information about Google Analytics privacy and data sharing policy here https://support.google.com/analytics/answer/6004245. HubSpot (https://legal.hubspot.com/privacy-policy?_ga=2.65568942.1045674010.1526952006-764415623.1526952006) tracks our subscribers and customers through contact forms and gated assets. ThoughtIndustries (https://www.thoughtindustries.com/privacy-policy) tracks our customers and remembers users. RegFox (https://www.webconnex.com/privacy-policy/) also uses cookies to track customers and remember users.

  1. Minors and Children’s Privacy

Protecting the privacy of young children is especially important. Our services are not directed to children under the age of 18, and we do not knowingly collect Personal Data from children under the age of 18 without obtaining parental consent. If you are under 18 years of age, then please do not sign up for anything on our website at any time or in any manner. If we learn that Personal Data has been collected from persons under 18 years of age and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 18 years of age has provided personal information or believe we have gathered personal information, then you may alert us at support@duarte.com and request that we delete that child’s Personal Information from our systems.

  1. Data Security

We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. We maintain appropriate administrative, technical and physical safeguards to protect Personal Information and Data against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the Personal Data in our possession. This includes, for example; firewalls, password protection and other access and authentication controls. We use SSL technology to encrypt data during transmission through public internet, and we also employ application-layer security features to further anonymize Personal Data.

However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If you believe your Personal Data has been compromised, please contact us as set forth in the “How to Contact Us” section.

If we learn of a security systems breach, we will inform you and the authorities of the occurrence of the breach in accordance with applicable law.

  1. Data Retention

We only retain the Personal Data collected from a visitor for as long as we need it to fulfill the purposes for which we have initially collected it, unless otherwise required by law.

  1. Data Breaches

We will report any unlawful data breach of this website’s database or the database(s) of any of our third party data processors to any and all relevant persons and authorities within 72 hours of the breach if it is apparent that personal data stored in an identifiable manner has been stolen.

  1. Data Controller and Data Processor

The data controller of this website is: Duarte Design Inc. dba Duarte, Inc., a California corporation. Our offices are at 3200 Coronado Dr. Santa Clara, CA 95054.

Our data protection officer is Eric and can be reached at support@duarte.com.

Except as provided in this Privacy Policy, Duarte does not independently cause Client Data containing Personal Information stored in connection with the Services to be transferred or otherwise made available to third parties, except to third party subcontractors who may process such data on behalf of Duarte in connection with Duarte’s provision of Services to Clients. Such actions are performed or authorized only by the applicable Client or User.

  1. Changes and Updates to this Policy

This privacy policy may change from time to time. We will not explicitly inform our clients or website users of these changes. Instead, we recommend that you check this page occasionally for any policy changes. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of the Policy.

  1. How to Contact Us

Please contact us with any questions or comments about this Policy, your Personal Data, our use and disclosure practices, or your consent choices by email at support@duarte.com.

Linked Web Sites

This site may contain links to third party web sites.  Duarte has no control and assumes no responsibility over the privacy policies of any third party web sites.  You should review the privacy policies of any third party web sites you visit.  The privacy policy stated herein applies solely to the Duarte Site.

Our Commitment to Data Security

To prevent any unauthorized access or disclosure, maintain data accuracy, and to ensure the correct use of personal information, we have instituted policies and procedures, including the use of encryption and security software SSL (Secure Socket Layer) and strong security methods, to safeguard and secure any information we may collect from you.  We do not sell, share or otherwise disclose your personal information with any third parties other than that which is required solely to process your transaction.  We will not disclose your personal information to any State institutions or authorities except as required by law.

How To Access or Correct Your Information

Visitors to this site may access personal or contact information that we may maintain about them.  In order to obtain this personal or contact information or find out if we hold any information about you, please e-mail us at help@duarteacademy.com.  Visitors to this site may correct any personal or contact information that we may maintain about them that is inaccurate.  To request a correction, please e-mail us at help@duarteacademy.com.

Pricing and billing

Payment for products and/or services is due upon purchase.  Prices may be subject to change.  Duarte does not offer a price guarantee. You agree to pay for what you select at the price displayed at the time you place your order, plus applicable shipping/handling charges and any applicable taxes that Duarte is legally obligated to collect.  Prices do not include the costs for the download of services.  Such costs including, but not limited to, internet charges are the direct responsibility of the customer.

Discount codes are not transferable. Duarte, in its sole discretion, reserves the right to decline to apply a discount code at any time, for any reason whatsoever.

Duarte accepts MasterCard, Visa, American Express and Discover.

Miscellaneous

Should Duarte waive a breach of any portion of these Terms of Use, this should not be considered as a waiver of any other breach of the same provision or any other part of these Terms of Use.

In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of these Terms of Use, and these Terms of Use shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein.

Governing Law

These Terms of Use shall be governed and construed in accordance with the laws of the State of California, United States of America, as if performed wholly within the state and without regard to its conflicts of laws provisions.  You agree to the personal jurisdiction by and venue in the state and federal courts located in Santa Clara County, California, and waive any objection to such jurisdiction or venue.

Unsolicited Idea Submission Policy

Duarte, Inc. (“Duarte”) or our employees do not accept or consider unsolicited ideas, including ideas for new or improved services or products, enhancements, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, creative artwork, suggestions or other works (“submissions”) in any form to Duarte or our employees. The purpose of this policy is to avoid potential misunderstandings or disputes if Duarte work might seem similar to ideas submitted to us. If you still send us ideas even though we have asked you not to, the following terms shall apply to your submissions.

Terms of Idea Submissions

In sending Duarte any Submissions, you agree that: (1) the submission and its contents automatically become the property of Duarte, without any compensation to you; (2) Duarte may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for Duarte to review the submission; and (4) there is no obligation to keep any submissions confidential.

Feedback

We do welcome your feedback regarding our services. If you want to send us your feedback, and we hope you do, you can reach us at help@duarteacademy.com. Please provide only specific feedback on our existing products and services. This information will be used by Duarte in an unrestricted manner to help us help you.

Contact Us

If you should have any questions regarding these Terms of Use, you may contact us by sending an e-mail to help@duarteacademy.com.

© 2018 Duarte Press, LLC.  All rights reserved.

Last update: May 21, 2018