Privacy and Usage Policy
Terms and Conditions of Use
AGREEMENT TO TERMS AND CONDITIONS
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 (“Clients”). 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.
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.
The trademarks, logos, and service marks (“Marks”) displayed on our Site are the property of Duarte, Inc or Duarte Press, LLC. Duarte is a registered trademark of Duarte and/or its affiliates and partners. Duarte Marks may be used under limited circumstances in strict accordance with our Trademark Guidelines. Otherwise, you are not permitted to use these Marks without the prior written consent of Duarte: Communicate Your Best™, Duarte Academy®, Duarte Design®, Duarte®, DuarteMethod™, Giraffirmation™, Adaptive Listening™, Captivate™, Diagrammer®, Illuminate™, Presentation Principles™, Resonate®, Slide Boot Camp™, Slide:ology®, Slidedocs®, Story Fundamentals™, VisualStory®, Advance Listener™, Audience Empathy™, Audience Journey™, Big Idea™, ChangeMap™, Data POV™, DataStory Map™, DataStory Method™, Default Listening Style™, Glance Test™, Immerse Listener™, Listening L.E.N.S.™, Language of Data™, Listening Radar™, Persuasive Presentation Form™, Presenting Virtually™ Presentation Index™, Presentation Sparkline™, Quickstorm™, Recommendation Map™, S.A.I.D.™, S.P.A. Treatment™, S.P.A.C.E.™, S.T.A.R. Moment™, Slide Design Lab™, Slide Map™, Story Burst™, Story Planner™, StoryMap™, StoryThinking™, Support Listener™, Torchbearer’s Toolkit™, VentureScape™.
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.
Contact Duarte at [email protected] for Multi-User licenses and other opportunities to purchase and use Duarte copyrighted materials.
LIMITATIONS OF LIABILITY
For further details, please see the ‘about Hotjar’ section of Hotjar’s support site.
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 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. In addition, if you apply for a job with us we collect employment and educational history as well as other details you submit in your application or on your resume.
For more details about information we collect automatically, see the sections below called “Cookies and Tracking Technologies” and “Analytics.”
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 Clients and to individual users
- 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
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:
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.
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.
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.
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:
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 HubSpot to collect user information via forms and email communication sign ups. We also use third party technologies for individuals to sign up for workshops and e-courses; these are Thought Industries and Docebo. We use third party technology to understand the performance of our website and our business which includes HotJar, Google Analytics, and Grow. We use third party technology to virtually facilitate our training which includes Zoom. We use third party support for shipping and fulfillment of training material which includes Lahlouh, Inc. Additionally, we use Salesforce.com to manage sales and account information and OpenAir to maintain project and project contact data. You can refer to any of these third-party services for their privacy policies.
If you participate in training or workshops provided by us to our Client, we may share your Personal Information with our Client as needed to provide our services to our client. This may include your professional contact information.
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
Access, Correction, Deletion
We use a third party data processor, HubSpot. The email addresses you submit are not stored within our site database, but in HubSpot until removal from the system is requested. 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 [email protected]. Please let us know if you wish to correct or delete your 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
Your State Privacy Rights
The below chart shows you where to find details about the information to which you may be entitled under the CCPA:
CCPA Information Requirement
Categories of personal information collected
Information We Collect
In general, we collect personal information in the following categories as defined by the CCPA: identifiers, personal information described by California Law Section 1798.80(e), commercial information, educational information, employment information, internet information.
Categories of sources from which we collected personal information
Information We Collect
The business purpose for which we collected your personal information
Information We Collect: how we use it
Categories of information shared or disclosed to third parties, and the categories of third parties to which we shared or disclosed that information
Disclosure of Information
In general, we disclose information to service providers and clients. We do not “sell” or “share” Personal Information within the meaning of the CCPA.
In addition, California consumers may have the following rights under the CCPA:
- To request that we disclose what information we collect, use, or disclose about you
- To know the specific pieces of information we hold about you
- To request the deletion of your personal information, with some exceptions
- To opt out of the sale or sharing of your personal information, as defined by applicable law
To exercise your rights under the CCPA, you may contact us as shown below in “How to Contact Us.”
Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:
- Confirm whether we process their personal information
- Access and delete certain personal information
- Data portability
- Opt-out of personal data processing for targeted advertising and sales
Colorado, Connecticut, and Virginia also provide their state residents with rights to:
- Correct inaccuracies in their personal information, taking into account the information’s nature processing purpose
- Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects
To exercise any of these rights please contact us via any of the methods listed below in “How to Contact Us.”
Third Party Cookies
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 [email protected] and request that we delete that child’s Personal Information from our systems.
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 system breach, we will inform you and the authorities of the occurrence of the breach in accordance with applicable law.
We only retain the Personal Information 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.
Data Controller and Data Processor
The data controller of this website is: Duarte Communications, Inc. dba Duarte, Inc., a California corporation. Our offices are at 2755 Great America Way, Suite 135, Santa Clara, CA 95054.
Our data protection officer is Mike Pastor and he can be reached at [email protected].
Changes and Updates to this Policy
How to Contact Us
Please contact us with any questions or comments about this Policy, your Personal Information, our use and disclosure practices, or your consent choices by email at [email protected] or by calling +1 (650) 625-8200.
NOTICE AT COLLECTION FOR CALIFORNIA EMPLOYEES AND JOB APPLICANTS
Job applicants and employees who reside in California may have rights regarding their “Personal Information” as defined by the California Consumer Privacy Act of 2018 (as amended and updated). This Notice describes how Duarte, Inc. (“Company”) collects and uses your Personal Information as part of our business operations, including when you apply for a job, accept an offer of employment, or are engaged as an independent contractor of Company. We adopt this notice in accordance with the California Consumer Privacy Act of 2018 as amended and supplemented by any regulations and later legislative action (“CCPA”). Any terms defined in the CCPA have the same meaning when used in this Notice.
Personal information we collect
Below are the types of Personal Information we may collect from you, together with examples of each:
- Identifying information, such as your full name, gender, date of birth, and signature.
- Demographic data, such as race, ethnic origin, marital status, disability, and veteran or military status.
- Contact information, such as your home address, telephone numbers, email addresses, and emergency contact information.
- Dependent’s or other individual’s information, such as their full name, address, date of birth, and Social Security numbers (SSN).
- National identifiers, such as SSN, passport and visa information, and immigration status and documentation.
- Educational and professional background, such as your work history, academic and professional qualifications, educational records, references, and interview notes.
- Employment details, such as your job title, position, hire dates, compensation, performance and disciplinary records, and vacation and sick leave records.
- Financial information, such as banking details, tax information, payroll information, and withholdings.</li
- Health and Safety information, such as health conditions (if relevant to your employment), job restrictions, substance testing as required under Company policy, workplace illness and injury information, and health insurance policy information.
- Information Systems (IS) information, such as your search history, browsing history, login information, and IP addresses on the Company’s information systems and networks.
- Geolocation data, such as time and physical location related to use of an internet website, application, Company vehicle or fuel card or rideshare credit, device, or physical access to a Company office location.
- Sensory or surveillance information, such as COVID-19 related temperature checks and call monitoring and video surveillance.
- Profile or summary about an applicant/employee’s preferences, characteristics, attitudes, intelligence, abilities, and aptitudes.
- Comply with applicable laws and regulations.
- Recruit and evaluate job applicants and candidates for employment.
- Conduct background checks to the extent applicable by law.
- Manage your employment relationship with us, including for: onboarding processes; timekeeping, payroll, and expense report administration; employee benefits administration; employee training and development requirements; the creation, maintenance, and security of your online employee accounts; reaching your emergency contacts when needed, such as when you are not reachable or are injured or ill; workers’ compensation claims management; employee job performance, including goals and performance reviews, promotions, discipline, and termination; other human resources purposes; and
- Manage and monitor employee access to company facilities, equipment, and systems.
- Conduct internal audits and workplace investigations.
- Investigate and enforce compliance with and potential breaches of Company policies and procedures.
- Engage in corporate transactions requiring review of employee records, such as for evaluating potential mergers and acquisitions of the Company.
- Maintain commercial insurance policies and coverages, including for workers’ compensation and other liability insurance.
- Perform workforce analytics, data analytics, and benchmarking.
- Administer and maintain the Company’s operations, including for safety purposes.
- Exercise or defend the legal rights of the Company and its employees, customers, contractors, and agents.
Why we collect personal information
Company’s business purposes for collecting and using your Personal Information include human resources, employment, benefits administration, health and safety, and compliance. Many of these business purposes require that we disclose your Personal Information to third parties such as service providers. We do not, however, “sell” or “share” your Personal Information within the meaning of the CCPA.
For example, the Company intends to use your Personal Information as appropriate to:
Research Report Surveys
The complete rules and regulations relating to surveys are posted at https://www.duarte.com/sweepstakes-terms-and-conditions. Internal research survey participants agree to share answers to any completed questions with Duarte, Inc. The survey questions will be about your opinions, reactions, and behaviors surrounding communication, presentations, and other soft skills. Surveys may include questions about current practices and demographic data. We publish aggregated, summary survey results in report(s), book(s), our blog, and/or other marketing materials. All actual data from our surveys is kept confidential and no identifying or private data will be shared publicly. Participants who provide their email at the end of a survey consent to receiving additional marketing messaging from Duarte, Inc. If completion of a survey includes entry into a sweepstakes or giveaway, participants consent to providing their email in exchange for entry and receiving future marketing messaging from Duarte, Inc. No purchase is necessary to enter sweepstakes or giveaways, and they are only open to legal residents of the 50 United States, 18 years of age or older.
We are interested in the feedback of our clients and use surveys to help us assess, improve, and communicate the value of our trainings and services. Your participation in surveys is voluntary and you may withdraw anytime without penalty. Survey questions will be about your reaction to, and engagement with, our services, what you gained from our service(s), how you foresee you will apply what you learned from your experience(s), and what you predict the impact and results will be. By taking this survey, you agree to participate in this research and share your answers to the questions that follow with Duarte, Inc. Additionally, if you took our training on behalf of your employer, the data will be shared with them. The aggregate data from this survey will be also used periodically by Duarte, Inc. in public-facing communication and reporting, but all actual data will be kept confidential and no identifying information will ever be made public (except for optional testimonials you may agree to voluntarily provide). At the end of our surveys, we ask if you would like to share your email address in order to receive our newsletter or to be contacted for future research opportunities. We do not sell your data or email contact information to any third parties. Also, we will keep your information confidential and protected in a password-protected electronic format.
LINKED WEB SITES
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 [email protected]. 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 [email protected].
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.
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.
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 [email protected]. 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.
BUSINESS INTEGRITY REPORTING
Integrity, professionalism, and security are vital to Duarte’s business relationships and company culture. We have a commitment to act ethically and legally and foster a culture of integrity and transparency. Doing the right thing is part of our DNA. If Duarte, Inc. employees, representatives or processes do not follow our Code of Conduct, we encourage anyone, including clients, customers, and partners to report this directly to our business through our Business Integrity Report Form. This may include knowledge of a security breach, policy breach, employee/manager issue or other misrepresentation of our company values. The information in the form can be left anonymously, although we highly encourage you to leave your name so we can follow up with you directly.
Duarte does not tolerate any retaliatory behavior against individuals reporting concerns. We are committed to providing a safe and confidential way for people with genuine concerns to raise them, and to do so without fear of reprisals. If you raise a concern, please be aware that, for legal reasons, we cannot provide you with a report of any outcomes from subsequent investigations.
© 2008-2023 Duarte Press, LLC. All rights reserved.
Last update: April 2023