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Privacy Policy

This website is made available to you for information purposes. The following information describes the terms and conditions for its use, as well as our privacy policy. You agree that your further use of this website constitutes your acceptance of these terms and policies.

How we collect your information

Information You Provide
Through your use of our website, www.bigduck.com, and other communications, Big Duck Studio, Inc. (“Big Duck”) may collect and store personally identifiable information about you.  Generally, personally identifiable information means information that can be used on its own or with other information to identify, contact or locate a single person, or identify an individual in context. This information may include your name, e-mail address, telephone number, employment details, information regarding your computer system, and other information.

Cookies
Our web server may automatically attempt to identify a user to the website through a cookie placed within the user’s web browser.   A “cookie” is a piece of data stored on your computer or mobile device tied to information about you.  It serves as a message given to a web browser by a web server.  The browser stores the message in a text file; the message is then sent back to the server each time the browser requests a page from the server. From time to time we may also track information on pages and features that users access or view. The activity is collected and may be stored in our constituent relationship management system and/or our email service provider.  You may choose to set your web browser to refuse cookies, or to alert you when cookies are being sent, but doing so may cause you to lose functionality with some parts of our website.

We may also log Internet Protocol (IP) addresses, the location of your computer, your browser name, type of computer, operating system, technical information about your means of connection to our website, and other similar information. We may use this information in an aggregate fashion to track access to the website, provide summary statistics about our customers’ interests and preferences, products/services sold, traffic patterns, and related site information to a third party, in order to enhance the design of our website and to customize new product and service offerings to our customers.

Our email newsletters utilize tracking technology that allows us to see how many newsletter e-mails are opened and the e-mail address of users who have clicked on a given feature. We use this information for internal purposes, to measure the aggregate number of people who view our content.

Registration Data
In order to access some of the services on our website, such as our joining our email list, you may be required to procure a separate account and/or complete an online registration form, which requests certain information and data (“Registration Data”), and to maintain and update your Registration Data. By registering for our email list or other services that may be offered through our website, you agree that all information provided in the Registration Data is true and accurate. You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of the website, including your Registration Data, is subject to this privacy policy.

Third-Party Vendors, Service Providers, and Content
Some of our products and services are provided through contractual arrangements with affiliates, services providers, and other third parties. We and our service partners may use your personal information to operate our sites and to deliver their services. These third-party vendors may use cookies, web beacons or similar technologies to provide services to us. In doing so, these vendors may collect information such as your browser type, your operating system, Web pages visited, time of visits, content viewed, ads viewed, and other clickstream data. You may have additional rights regarding opt-out of services offered by our third-party vendors if you reside in a jurisdiction such as the European Economic Area which provides for enhanced user rights.

We are not responsible for the use of any personal information provided by you to other sites accessible through our site, as such use is not subject to our control. Any use of your personal information by such third parties is governed by those individuals or entities and their own privacy policies and terms of service, if any.

The contents of our website may from time to time contain documents, images, information, media and other materials not proprietary to Big Duck, such as photographs, artwork, articles, clips, other text or audiovisual elements, and the names, trade names, trademarks, logos, trade styles or designations of third parties which have been published in newspapers, magazines or other media or venues, and may include the name, trade name or trademark of the medium or venue in which such materials were published or displayed. Any use thereof whatsoever is strictly prohibited, unless the prior written permission of the appropriate third party has been secured. Big Duck has no editorial control of such third-party content and does not guarantee the accuracy, completeness or usefulness of any such content nor its merchantability or fitness for any particular purpose.

Social media
When linking to, or accessing our website or information, on or through Facebook, Twitter, LinkedIn, Instagram or Google profiles, or from or through any other social media page, and when posting information to or otherwise communicating via that page or your own social media page, your activities online are subject to the Terms of Service, User’s Agreement and other terms and conditions imposed by that social media provider, which may contain terms and conditions different from our terms and policies contained herein. As examples only, please see the following pages for further details:

All social media references or links to Big Duck and/or www.BigDuck.com shall be deemed to include both our website and any and all policies, terms, and conditions contained herein.

How we process your personal information
The following sets forth the ways we process your personal information. For residents of the European Economic Area, this disclosure is required by GDPR Articles 13 and 14. GDPR also requires us to inform you that the legal basis for processing this information is, as applicable, your consent, our legitimate interest, or a contract we have entered into with you.

(a) We may process information about your use of our communications (“usage data”). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency, and pattern of your use. We use this usage data for the purposes of analyzing your use of Big Duck’s content.

(b) We may process information contained in any inquiry you submit to us (“inquiry data”). We use this inquiry data for the purposes of offering, marketing and selling relevant goods and/or services to you and for customizing the content we develop and send to you.

(c) We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters and downloading Big Duck or third-party white papers (“notification data”). We use this notification data for the purposes of sending you relevant notifications, newsletters and/or white papers.

(d) We may process information contained in or relating to any communication that you send to us (“correspondence data”). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. We use this correspondence data for the purposes of communicating with you and record-keeping.

(e) We may process any of your personal information where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure and where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks or obtaining professional advice.

(f) In addition to the specific purposes for which we may process your personal information set forth in this Privacy Policy, we may also process any of your personal information where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

Providing your personal information to others
The following sets forth the ways we may disclose your personal information to others.

(a) We may disclose personal information to our suppliers or subcontractors insofar as reasonably necessary to maintain our communications. We may use service providers in connection with operating and improving the website to assist with certain functions, such as email transmission, data hosting and some aspects of our technical and customer support. Among them are:

  • Google – We use Google Analytics to track site statistics and user demographics, interests and behavior on the Website. Google’s Privacy and Terms explain how it uses information from the Website.
  • Act-On Software – We use Act-On Software to manage our email subscriber lists and send emails to our subscribers. Act-On’s Privacy Policy explains how it uses information.

We take measures to ensure that these service providers access, process and store information about you only for the purposes we authorize, subject to confidentiality obligations.

(b) We may disclose your personal information to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice or the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

(c) We may transfer part or all of your information in the case of a merger, acquisition, bankruptcy or other sale of all or a portion of Big Duck’s assets or stock. In addition, we may disclose your personal information where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another person. We may also disclose your personal information where such disclosure is necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

(d) We may disclose your information to other businesses who also work with nonprofits including our sister company, Advomatic Studio, LLC.

Other disclosures of your information
We may store personal information in locations outside the direct control of Big Duck (for instance, on servers or databases co-located with hosting providers).

As we develop our business, we may buy or sell assets or business offerings. Customer, email and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer or assign such information in the course of corporate divestitures, mergers or dissolution.  In such cases, we cannot control acquiring parties’ use of your information.

We may disclose your information if required to do so by law, court order or subpoena, or if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect Big Duck’s rights or property. We will also disclose your personal information to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we believe to be unlawful.

Links to other websites
Big Duck may contain links to other websites or services that may be subject to less stringent privacy standards. Big Duck does not assume and expressly disclaims any responsibility for the content, performance, privacy practices, policies or actions of the third parties that operate these websites or services, including but not limited to their external websites, apps, software, or any links found in such external web site. We are not responsible for how such third parties collect, use or disclose your personal information. You should review their privacy policies before providing them with personal information. URLs pointing to documents or sites outside of our website are provided to you only as a matter of convenience. The inclusion in the site of any URL or link does not imply an endorsement of a specific vendor, information provider, individual, entity, group or organization by Big Duck. Linking to our website without authorization is prohibited. You may request authorization by sending an e-mail complete with the URLs of the site wishing to establish a link to [email protected]

Your right to opt out
We offer commercial email recipients the opportunity to opt-out of further communications in every email. If you want to stop receiving commercial emails, promotional or other marketing materials, you can do so at any time by contacting Big Duck at [email protected]

Non-US users
Big Duck is headquartered in the United States. If you are located in Canada, the European Union or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using our website, participating in any of our services and/or providing us with your information, you consent to this transfer.

California and Canadian users
Under the California “Shine The Light” law, California residents may opt-out of the disclosure of personal information to third parties for the third parties’ direct marketing purposes. California residents also have the right under certain circumstances to receive, once a year, information about third parties with whom we have shared information about you or your family for their marketing purposes during the previous calendar year, and a description of the categories of personal information shared. To make such a request, please send an email to [email protected] and please include the phrase “California Privacy Request” in the subject line, the domain name of the web site you are inquiring about, along with your name, address and email address. We will respond to you within thirty days of receiving such a request.  Canadian residents also have certain rights to know how their information may be shared with third parties for direct marketing purposes. As detailed above, you may contact us for such information or to opt-out of the sharing of your personal information with third parties for marketing purposes at any time by sending an e-mail stating this preference and including your full name and e-mail address to [email protected] Please note that this opt-out does not prohibit disclosure for non-marketing purposes.

European economic area users – your data protection rights under General Data Protection Regulation (GDPR)
The General Data Protection Regulation, effective May 25, 2018, requires that certain information and certain rights be provided to residents of the European Union, as follows.

Big Duck has its headquarters in the United States. Information we collect from you will be processed in the United States. The United States has not sought nor received a finding of “adequacy” from the European Union under Article 45 of the GDPR. Big Duck relies on derogations for specific situations as set forth in Article 49 of the GDPR. Big Duck endeavors to protect the privacy and security of your personal information and to use it only consistent with your relationship with Big Duck and the practices described in this Privacy Policy.

How to exercise your rights
If you reside in the European Economic Area, you have certain rights to the personal information that we have collected about you. To exercise your rights to your personal information, please contact us at [email protected] We will respond to reasonable requests as soon as practicable. You have the following rights:

(a) Right Of Access To Your Personal Information: You have the right to ask us for confirmation on whether we are processing your personal information, and access to the personal information and related information on that processing (for example, the purposes of the processing, or the categories of personal information involved).

(b) Right to Correction: You have the right to have your personal information corrected.

(c) Right to Erasure: You have the right to ask us to delete your personal information. This right may be exercised, among other times: when your personal information is no longer necessary for the purposes for which it was collected or otherwise processed; when you withdraw consent on which processing is based and where there is no other legal ground for processing; when you object to processing and there are no overriding legitimate grounds for the processing; or when your personal information has been unlawfully processed.

(d) Right To Restriction Of Processing: You have the right to request the limiting of our processing under limited circumstances, including: when the accuracy of your personal information is contested; when the processing is unlawful and you oppose the erasure of your personal information and request the restriction of the use of your personal information instead; or when you have objected to processing pending the verification whether the legitimate grounds of Big Duck override your grounds.

(e) Right To Data Portability: You have the right to receive the personal information that you have provided to us, in a structured, commonly used and machine-readable format, and you have the right to transmit that information to another controller, including to have it transmitted directly, where technically feasible.

(f) Right to Object: You have the right to object to our processing of your personal information, as permitted by law. This right is limited to processing based on GDPR Art. 6(1)(e) or (f), and includes profiling based on those provisions, and processing for direct marketing purposes, after which we will no longer process your personal information unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms or for the establishment, exercise or defense of legal claims.

(g) Right to lodge a complaint before the data protection authority. We encourage you to contact us directly and allow us to work with you to address your concerns. Nevertheless, you have the right to lodge a complaint with a competent data protection supervisory authority if you consider that the processing of personal information relating to you infringes applicable data protection laws.

Security
The security of Big Duck’s website and your information is of great importance to us. Big Duck has security measures in place to protect the loss, misuse, and alteration of your information under Big Duck’s control, but we make no assurances about our ability to prevent any such loss, misuse or alteration, and we shall have no liability to you or any third party from any loss, misuse or alteration. We do not warrant that your access to our website is completely secure.

Big Duck shall notify any user whose information is suspected of being accessed, disclosed, altered or deleted by an unauthorized person so that the user can take appropriate measures to minimize the adverse effect of such a data security breach (a “Breach Notification”). Big Duck will make such Breach Notification soon after it learns of a breach, unless it deems, at its sole discretion, that such Notification might hinder and prevent ongoing efforts to detect the source of the breach. For the avoidance of doubt, a Breach Notification does NOT constitute an admission by Big Duck that the breach occurred as a result of any conduct by Big Duck or its personnel, including but not limited to malpractice, failure, bad faith or negligence, or that the breach occurred in Big Duck’s systems.

Violation of security rules may result in criminal or civil liability and prosecution. Big Duck will refer to the proper authorities any occurrence that may constitute any such violation, and cooperates fully with law enforcement agencies in ensuring the prosecution of violators. This list of security violations is by way of example only and is by no means intended to be exhaustive: gaining access to data without proper authorization; logging onto a server, account, area of the site without proper authorization; scanning, probing or testing for vulnerability of the site’s system or attempting to do so, and attempting to breach the security of the site, without proper authorization; attempting to interfere with the functionality or features of the site or its systems by introducing viruses, overloading, flooding, mail-bombing, or crashing; and sending unsolicited promotional e-mail messages.

Children’s privacy
Big Duck does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to use our website and other communications. If we become aware that we have collected personal information from a child under age 13 without verification of parental consent, we will take steps to remove that information.

Governing law and jurisdiction
This Privacy Policy shall be governed by the laws of the State of New York, without regard to its conflict of laws provisions. Any dispute arising under or in relation to this Policy shall be resolved exclusively in the State of New York in accordance with the terms and procedures set forth herein.

Disclaimers
Your use of and browsing on the website is done at your own risk. The information contained in the website is provided “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. Nor is any representation or warranty made, express or implied, as to the accuracy, reliability, timeliness or completeness of any such information, or that the website will be uninterrupted or secure.

The website is to be used for informational and lawful purposes only, and may not be relied upon for any other purpose. Under no circumstances shall Big Duck or its officers, agents, employees, affiliates, successors, assigns or counsel be liable to any person or entity under any circumstances for: (a) any loss or damage, in whole or part, directly or indirectly caused by, resulting from, or relating to your use of the website; (b) any error or omission (through neglect or otherwise) contained on the website, or any circumstances involving the procurement, collection, compilation, interpretation, storage, analysis, editing, transportation, transmittal, communication or delivery of any information contained in this website; or (c) any direct, indirect, special, consequential or incidental damages whatsoever, even if Big Duck, or its officers, agents, directors, employees, affiliates, successors, assigns, or counsel are advised in advance of the possibility of such damages resulting from the use of, or inability to use, any information contained in the site, or with respect to the performance of the site and/or information obtained by the user from any hyperlinks to documents located within and without the site. The site does not purport to be comprehensive or definitive, and you expressly acknowledge that the information contained on the site could include technical inaccuracies and/or typographical errors. You are solely responsible for decisions based on any information contained on the site and any of its sub-directories. You hereby waive any and all claims against Big Duck and its affiliates, officers, employees, agents, assigns, successors, and counsel arising out of your use of the site and the information and/or services available thereon.

In sending electronic communications to Big Duck, you are requesting that we either contact you or provide you with information or other business matters. Big Duck will make every reasonable effort to accommodate reasonable requests for information in a timely manner, but it is unable to make any guarantee concerning the timeliness of such responses. You agree that Big Duck is not responsible for delay, non-delivery or non-receipt of any information exchanged between you and Big Duck, whether due to Internet connectivity problems, incorrect e-mail addresses, incomplete or incorrect contact information supplied by you, due to force majeure, or for any other reason.

Big Duck reserves the right at any time to terminate all or any portion of the site without notice to you.

Copyright © 2020 by Big Duck Studio, Inc.
The copyright to the contents of this website (including but not limited to all content, script, HTML codes, and any and all related content, features and functionality that comprise the site) and the trademarks, logos, characters and service marks displayed thereon (collectively the “Intellectual Property”) are owned by Big Duck or other third parties who have licensed or authorized use thereof to Big Duck. The Intellectual Property is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Copying or reproducing the pages contained on the site to any other server or location for further reproduction or distribution is prohibited, unless specific rights are expressly granted in writing by an officer of Big Duck. Any rights not expressly granted are hereby reserved. Big Duck will pursue any violation of this policy in order to protect its valuable intellectual property rights.

Changes to our privacy policy
If we change our privacy policies and procedures, we will post those changes on this page to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it. Changes to this Privacy Policy are effective when they are posted on this page. Please check this page on a consistent basis.

Contacting Big Duck
Please contact Big Duck if you have any questions about this Privacy Policy, the practices of Big Duck or your dealings with the Website. You can contact us by email to [email protected] or by postal mail to Big Duck at 20 Jay Street, Brooklyn, NY 11201.

Last Updated: February 2020