Privacy Policy – Terms of Use

Dudek Kelly

Privacy &
Terms of Use

Privacy Policy

Updated 8.25

This Privacy Policy applies to the website, subdomains, desktop and mobile applications (the “Platform”) owned and maintained by dudekkelly.com (“Dudek Kelly”). Respect for your private life is of great importance to us, and we have taken extra care to explain this privacy policy to you. We aim to define how we collect and process your data when you visit our Platform. The purpose of this Privacy Policy is to describe:

  • “Personal Information” or “Personal Data” which means non-public information that is personally identifiable to you and it is obtained for us to provide you services within our Platform. Personal Information for a user may include information such as your name, email address, gender, country, date of birth, and other related information that you provide to us or that we obtain about you.
  • Your rights regarding your personal data.
  • Our responsibility for the collection and processing of your personal data.
  • Our policy regarding cookies, the transmission of your personal data, and third parties’ links.
  • This privacy policy complements our Terms and Conditions (below).

 

1. CONSENT

By visiting our Platform and submitting your personal data, you explicitly consent to the use of that information as set out in this policy.

 

2. COLLECTION OF PERSONAL DATA

  • Dudek Kelly collects the following personal data:
  • Contact Information (First name, Last name, Country/Region you currently live in, Time zone, Gender, and Phone number);
  • Account credentials (username, password, and email address);
  • Business Information (business name, address, phone, website, etc.);
  • Type of device used and device fingerprint, and IP address.

 

We collect your information when we want to reach out to you with new information about Dudek Kelly, to request additional consent if we will process your personal data beyond our earlier request for consent, and statistical purposes. We shall not sell, rent, share, distribute, or license your information to others in ways different from our disclosure in this policy. You can at any time withdraw consent for the collection and processing of your personal data, although, this may restrict your access and use of this platform.

 

3. COOKIES

Our Platform does not use cookies to identify the areas of the Platform that you have visited. A cookie is a small piece of data stored on your computer or mobile device by your web browser. 

  • Geographical Information – When you use this platform, we do not use GPS technology (or other similar technology) to determine your current location to determine the city you are located in and display relevant data and gigs. 
  • Automatic Information – We automatically receive information from your web browser or mobile device. This information includes the name of the website from which you entered our application, if any, as well as the name of the website to which you are headed when you leave our application. This information also includes the IP address of your computer/proxy server that you use to access the Internet, your Internet Website provider name, web browser type, type of mobile device, and computer operating system. We use all of this information to analyze trends among our Users to help improve this Platform.
  • Log Data – Like many Website operators, we collect information that your browser sends whenever you visit our Platform (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, and the pages of our applications that you visit, the time and date of your visit, the time spent on those pages and other statistics.

 

4. THIRD-PARTY LINKS

Dudek Kelly may contain links to other websites and platforms that may be subject to less stringent privacy standards. We cannot assume any responsibility for the privacy practices, policies or actions of the third parties that operate these websites or platforms We are not responsible for how such third parties collect, use, store, or disclose your personal data. You should review the privacy policies of these websites before providing them with personal data.

 

5. SECURITY OF YOUR PERSONAL DATA

We use the best physical and digital security system to store your personal data. We must respect the confidentiality of your personal data. The implementation of this system is to protect your information from unauthorized access, use, disclosure, or destruction. 
To ensure the security of your information, we use the following methods: SSL Protocol, SET Protocol, Automatic backup, Digital Certificate, Username/Password, authorizations to access management, and Firewalls. Please note that the internet is not secure and no system involving the internet and the transmission of electronic data is 100% secure. Nevertheless, we take all reasonable efforts to safeguard and protect your information. In the event of a breach that affects your personal data, you will be notified within a reasonable timeframe of such breach and measures we took to rectify the breach. Note that, you may request at any time to access and delete your information with us.

 

6. DELETION OF YOUR PERSONAL DATA

To use our platform, you do not have to create an account. We strive to protect your personal data from accidental or malicious destruction, so, we keep residual copies of your personal data for a momentarily period. The only exception to this is when you delete your account. Information deleted is unrecoverable after deletion unless the law stipulates otherwise.

 

7. DISCLOSURE OF YOUR PERSONAL DATA

The legal basis of the information we process is based primarily on your consent, data protection standards, and the requirements of the law and court order. If your information will be shared in response to a court order or legal process, we will give you adequate notice, so that you can challenge the legal process or court order, unless the law prohibits it or states otherwise.

 

8. YOUR RIGHTS

You have the following rights to the processing of your personal data under relevant privacy laws–

European General Data Protection Regulation (GDPR)

  • If you are an EU resident and we are processing your information, you have the following rights:
  • You have the right to request access or disclosure of a written copy of your personal data we collected.
  • You have the right to correct inaccurate or outdated information we have about you.
  • You have the right under certain circumstances to request erasure or deleting your personal data from this platform.
  • You have the right to withdraw your consent for the processing of your personal data. Such withdrawal is subject to certain circumstances that would not affect your information’s lawful processing before you withdrew the consent.
  • You have the right to transfer your personal data from this platform to another organization, under certain circumstances.
  • You have the right to object to automated processing or profiling of your information.
  • You may restrict the processing of your personal data under certain circumstances.
  • You have the right to object to the processing of certain types of information that we collect, such as direct marketing.
  • GDPR applies to the European Union Member States, which include Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden. It also includes the United Kingdom (Channel Isles, England, Northern Ireland, Scotland, and Wales). GDPR also includes European Economic Area Countries, such as Iceland, Lichtenstein, and Norway.
  • If you are an EU resident and wish to exercise any of your rights, please submit your request (providing your full account information, identification, and the specific right you wish to exercise) in an email to [email protected]. Alternatively, if you have any questions, comments, or concerns regarding your rights, please contact us in an email at [email protected].
  • We shall comply with your request in less than thirty (30) days without any charge if your request does not prove impossible or involve a disproportionate effort for us to comply.

 

Canada Personal Information Protection and Electronic Documents Act (PIPEDA)

  • If you are a Canadian resident and we are processing your information, you have the following rights:
  • To know what is collected about you.
  • To know how your information is used, stored, and processed.
  • To correct and update outdated or inaccurate information about you.
  • To withdraw your consent for the processing of your information.
  • To opt-out of the processing for certain services such as direct marketing.

 

California Consumer Privacy Act (CCPA)

  • We will not discriminate against you for exercising any of your rights under the CCPA. Unless permitted by the CCPA, we will not deny you access to our platform or impose arbitrary penalties.

 

9.  CHANGES TO THIS PRIVACY POLICY

We keep our privacy policy under regular review. If we change our privacy policy, we will post the changes on this page, and place notices on other pages of this platform, so that you may be aware of the information we collect and how we use it at all times.

 

10.  CONTACT US

If you have any questions about this Privacy Policy or the way we collect information from you, or if you would like to launch a complaint about anything related to this Privacy Policy, you may contact us at the following email address [email protected].

 

 

 

Terms of Use

Updated 8.22

AGREEMENT BETWEEN USER AND https://dudekkelly.com

Welcome to https://dudekkelly.com(the “Site”) is comprised of various web pages operated by Dudek Kelly LLC (“Dudek Kelly”). https://dudekkelly.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of https://dudekkelly.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. https://dudekkelly.com is a business education and information site for professional advisors and their clients. 

ELECTRONIC COMMUNICATIONS

Visiting https://dudekkelly.com or sending emails to Dudek Kelly constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Dudek Kelly is not responsible for third party access to your account that results from theft or misappropriation of your account. Dudek Kelly and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

CHILDREN UNDER THIRTEEN

Dudek Kelly does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://dudekkelly.comonly with permission of a parent or guardian.

LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES

https://dudekkelly.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Dudek Kelly and Dudek Kelly is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Dudek Kelly is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Dudek Kelly of the site or any association with its operators. Certain services made available via https://dudekkelly.com/ are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://dudekkelly.com domain, you hereby acknowledge and consent that Dudek Kelly may share such information and data with any third party with whom Dudek Kelly has a contractual relationship to provide the requested product, service or functionality on behalf of https://dudekkelly.com users and customers.

NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY

You are granted a non-exclusive, non-transferable, revocable license to access and use https://dudekkelly.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Dudek Kelly that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Dudek Kelly or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Dudek Kelly content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Dudek Kelly and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Dudek Kelly or our licensors except as expressly authorized by these Terms.

THIRD PARTY ACCOUNTS

You will be able to connect your https://dudekkelly.com account to third party accounts. By connecting your https://dudekkelly.comaccount to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

INTERNATIONAL USERS

The Service is controlled, operated and administered by Dudek Kelly from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the https://dudekkelly.com content accessed through https://dudekkelly.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Dudek Kelly, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Dudek Kelly reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Dudek Kelly in asserting any available defenses.

ARBITRATION

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

CLASS ACTION WAIVER

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Dudek Kelly agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DUDEK KELLY INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. DUDEK KELLY INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DUDEK KELLY INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DUDEK KELLY INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DUDEK KELLY INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

TERMINATION/ACCESS RESTRICTION

Dudek Kelly reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Dudek Kelly as a result of this agreement or use of the Site. Dudek Kelly’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Dudek Kelly ‘s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Dudek Kelly with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Dudek Kelly with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Dudek Kelly with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

CHANGES TO TERMS

Dudek Kelly reserves the right, in its sole discretion, to change the Terms under which https://dudekkelly.comis offered. The most current version of the Terms will supersede all previous versions. Dudek Kelly encourages you to periodically review the Terms to stay informed of our updates.

CONTACT US
Dudek Kelly welcomes your questions or comments regarding the Terms:

Dudek Kelly
5482 Rebolla Lane
San Diego, CA 92124

Email Address: [email protected]
Telephone number: +1 (415) 577-5831