Welcome to the Duke & Winston website, located at http://www.duke-winston.com/ (the "Site"), and operated by Duke & Winston Holdings., a Texas Corporation ("Duke & Winston"). This Privacy Statement addresses Duke & Winston's practices regarding information collected from visitors of the Site and only addresses information collected directly through or from the Site - it does not address or govern any information gathering, use, or dissemination practices related to information collected from the visitor (sometimes referred to as a "visitor," "you" or "your") other than directly through or from the Site, such as from telephone, facsimile, postal mail, personal delivery, or other or additional offline means or media. Duke & Winston can be contacted at email@example.com. This Privacy Statement is incorporated into Duke & Winston's Terms and Conditions by reference, as if set forth fully therein, which must be reviewed and accepted by you. The Site is not intended for children under the age of 18. It does not knowingly collect personal information online from visitors in this age group.
1. Collection of Personal Information from Site Visitors
Except as specifically set forth herein, Duke & Winston may collect: (a) the e-mail addresses of users that communicate with Duke & Winston via e-mail; (b) information knowingly provided by the user in online informational sections, registration, or membership forms; (c) information gathered through the analysis of cookies, or any other methods of internet browsing analysis, such as Google Analytics; and (d) financial information provided by a user, including credit card numbers and billing addresses, in order to process payments to Duke & Winston. Specifically, and in order to register for certain services of the Site, you may be required to provide additional personal information about you and your company, such as your name, address, telephone number, and other relevant personal information. If you do not wish to provide such information to the Site, you will be unable to register and/or to obtain products or services from the Site. When a visitor performs a search within the Site, Duke & Winston may record information identifying the visitor or linking the visitor to the search performed and recording information related to the search request.
2. Use of Personal Information Collected
Personal information collected by Duke & Winston may be used by Duke & Winston for limited purposes, including record keeping, editorial and feedback purposes, content improvement, or to customize the content and layout of the Site. Individually identifying information, such as names, postal and e-mail addresses, phone numbers, and other personal information which visitors voluntarily provide to Duke & Winston, may be added to Duke & Winston's databases and used for future contact regarding Site updates and new services. From time to time, Duke & Winston may need to contact you for registration-related activities. You agree that Duke & Winston may use your personal information for such registration-related contact with you. Duke & Winston may also desire to contact you for market research purposes or to provide you with marketing information that Duke & Winston believes would be of particular interest. You will have the option of not being contacted by Duke & Winston and opting-out of such contacts by contacting Duke & Winston via e-mail at firstname.lastname@example.org.
3. Disclosure of Personal Information to Third Parties
Except as specifically set forth herein, any individually identifying personal information that you provide to Duke & Winston through the Site will not be disclosed to other third-party entities not affiliated with Duke & Winston. Identifiable and non-identifiable user information and data may be disclosed or distributed to another party with which Duke & Winston enters or reasonably may enter into a corporate transaction, such as, for example, a merger, consolidation, acquisition, or asset purchase, or to a third party pursuant to a subpoena, court order, or other form of legal process, in response to a request by or on behalf of any local, state, federal, or other government agency, department, or body, whether or not pursuant to a subpoena, court order, or other form of legal process, or if determined by Duke & Winston in its sole judgment that such disclosure or distribution is appropriate to protect the life, health, or property of Duke & Winston or any other person or entity. Identifiable and non-identifiable visitor information and data which visitors provide to Duke & Winston may also be provided to third parties that contract with Duke & Winston to provide products, information or other services that Duke & Winston believes that visitors may be interested in obtaining. For example, and without limiting the generality of the foregoing sentence, Duke & Winston contracts with Shopify as an ecommerce vendor -- you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. Duke & Winston also uses Google Analytics to help understand how Duke & Winston’s customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout. While Duke & Winston may undertake efforts to see that any third party to whom Duke & Winston discloses personal information is under an obligation to use the personal information solely for the purposes for which the information was disclosed, such third parties are independent third parties over which Duke & Winston exercises no control. Duke & Winston is not responsible for, and will not be liable for, the conduct, actions, omissions, or information handling or dissemination practices of third parties. Please be advised that the confidentiality of any communication or material transmitted to Duke & Winston via the Site or e-mail cannot be and is not guaranteed, including, for example, personal information such as your address or name.
4. Links to Other Sites
5. Security Measures and Communicating with Duke & Winston
Duke & Winston has implemented physical, electronic and procedural security features that are designed to prevent the unauthorized release of or access to personal information. Despite Duke & Winston's efforts to protect your personal information, the confidentiality of any communication or material transmitted to or from Duke & Winston via the Site or via e-mail cannot be and is not guaranteed. You acknowledge that the technical processing and transmission of the Site content may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Accordingly, Duke & Winston is not responsible for the security of information transmitted via the Internet.
6. Comments and User Content
All materials or comments posted to any aspect of the Site are public. Please refer to the Terms and Conditions for further detail concerning User Content and other materials submitted to the Site. As such, Duke & Winston assumes no liability for the accuracy of such information, no duty to update or correct such information, and no liability for such communications arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Any comment system on the Site may utilize an opt-in Geolocation service in accordance with a prevailing community standard such as HTML 5. Such Geolocation opt-in ability is managed by the user's browser settings. If a user chooses to opt-in to the Geolocation service, the user's comments may be associated with the user's location, both internally within Duke & Winston and publicly on the Site.
7. Access to and Ability to Correct Personal Information; Opt-Out Right
Upon your request via postal mail or e-mail, Duke & Winston will provide you with a summary of any personal information retained by Duke & Winston that has been voluntarily provided by you to Duke & Winston through online forms, registration forms, surveys, e-mail, or another online avenue. You may modify, correct, change or update your personal information by contacting Duke & Winston via e-mail at email@example.com. Except as necessary to obtain the services or information requested, You may opt out of having your personal information, which has been voluntarily provided to Duke & Winston through online forms, membership or registration forms, e-mail, or another online avenues, prospectively retained by Duke & Winston or used by Duke & Winston for secondary purposes, by contacting Duke & Winston via e-mail at firstname.lastname@example.org. This provision does not apply to collection of the type of Web browser of the visitor to the Site or to information provided or collected that does not meet the description hereunder.
8. Right to Change Privacy Statement
Duke & Winston reserves the right at any time to modify, alter or update this Privacy Statement. Duke & Winston will notify you on the Site of any new or revised Privacy Statement, including information regarding the location of the new or revised Privacy Statement. Your use of the Site following any changes means that you agree to follow and be bound by the Privacy Statement as changed. Any change to this Privacy Statement shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site before the change to learn of changes to the Privacy Statement since their last visit.
9. Your California Privacy Rights
If you are a California resident, California Civil Code Section 1798.83 provides you with the right to request certain information regarding disclosure of your personal information to third parties for direct marketing purposes, including a description of the categories of personal information disclosed. In order to obtain such information, please contact us via e-mail at email@example.com.
10. Customers Who are Residents of the European Economic Area (“EEA”)
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. You may also have the right to object to, or request that we restrict, certain processing or to withdraw consent you have previously provided If you would like to exercise this right, please contact us at firstname.lastname@example.org.
Additionally, if you are a European resident we note that we may be processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests. Additionally, please note that your information will be transferred outside of Europe, including to the United States.
Legal Basis for Processing
We process your personal data described above: as necessary to fulfill our responsibilities under our contract with you (e.g., processing payments for and providing the products you have ordered); as necessary for our legitimate interests, including our interest in providing relevant and secure Services, and improving our Services and products; as necessary to comply with our legal obligations; or as consistent with your consent, which you may revoke at any time.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
Dated: April 4, 2021