Privacy Policy

Thank you for using our mobile application and services!  Dusk Creative Group, LLC. (“Dusk”, “we”, “our”, or “us”) values the relationship we have with you. We respect and are committed to protecting your privacy.  That is why we have adopted this Privacy Policy.  This Privacy Policy lets you know how and for what purposes we are collecting, processing, and using your Personal Information (as defined herein).  We pledge that we will take reasonable steps to ensure that your Personal Information will only be used in ways that are in compliance with this Privacy Policy.

 

This Privacy Policy is in effect for your use of, and our collection and management in connection with:

  • Our website located at https://www.duskcreativegroup.com/(the “Site”)

  • Any online or mobile application feature, product, service, and/or program offered by us (collectively, with the Site, the “Services”)

  • Third party social media pages that we maintain

  • Any email message that we send to you or receive from you, whether or not the email is sent using the Services

  • Any other location, occasion, or event where your information is collected by or on behalf of us, including, but not limited to, if you attend a live event that is hosted or arranged by us, including a charity event, sports event or speaker series

 

This Privacy Policy also applies to information collected by or for us through a means other than the Services.  If the same information is collected through the Services and through a means other than the Services, the terms of this Privacy Policy shall apply.

 

Notwithstanding the foregoing, this Privacy Policy is not applicable to any other web page, mobile application, social media site, generic information, or Personal Information collected and/or owned by any entity other than us. We are not responsible or liable for the content, privacy policies or practices of such third parties

 

BY USING OUR SERVICES OR COMMUNICATING WITH US ABOUT THEM, YOU ARE ACCEPTING AND CONSENTING TO THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY, INCLUDING ANY UPDATES AND AMENDMENTS.  IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, YOU MUST NOT ACCESS OR USE OUR SERVICES OR COMMUNICATE WITH US ABOUT THEM. 

 

Your use of the Services is also governed by the Terms of Use located at http://www.duskcreativegroup.com/terms.html

 

Types of Information Collected

 

Dusk and any third party we engage for the purpose of administering, operating, hosting, configuring, designing, maintaining and providing internal support for our Services, may collect certain information when you visit the Services: including, personal information and usage information.

 

Personal Information:  The types of information Dusk collects may include, among other things, the following categories of information (collectively, “Personal Information”):

  • contact information (e.g., name, location, phone number, email address);

  • details related to your project or our future working relationship and;

  • other information specific to you.

 

Usage Information: The types of usage information Dusk collects may contain generic information about you when you use the Services, which may include, among other things, the following categories of information (collectively, “Usage Information”):

  • Internet Protocol (or IP) address, protocol and sequence information;

  • browser language and type;

  • domain name system requests;

  • operating system and platform, device type and device identifiers;

  • browsing history (including time spent at a domain, time and date of your visit) and number of clicks;

  • hypertext transfer protocol headers, application client and server banners, and operating system fingerprinting data;

  • MAC address, device ID/UDID, or similar device-specific code; and

  • aggregated information, including De-identified Data (as defined herein).

 

How Information Is Collected

 

We may collect Personal Information and Usage Information about you from the following sources:

 

  • information we receive from you as a result of your use of our Services;

  • information we receive from you, or on your behalf, through forms you complete, or if you contact us, for example to raise a query or to sign up for our mailing list or newsletter;

  • information we receive from your computer or mobile device;

  • information we receive from our partners or service providers; and

  • information we receive from other sources, as permitted by applicable laws, rules and regulations.

 

When you contact our customer support team via email, we may obtain your IP address and other Usage Information, as well as any information you send to us. We will keep records of any communication we have with you as well as any complaints against you by other users of our Services.

 

 

We may sponsor promotions through the Services. Your participation is entirely voluntary. You may be asked to provide personally identifiable information including, but not limited to, your name or email address, or to answer questions in order to participate. We may also transfer Personal Information to certain advertising or marketing partners from whom you have requested to receive information. 

 

We may collect Usage Information from you as follows:

 

Cookies: From time to time, we may now or in the future use “cookies” to keep track of your visit to and use of the Services. A cookie is a small piece of data that your browser stores on your computer’s hard drive and is used to collect information, such as identifying those areas of the Services that you have visited in the past in order to enhance your next visit to the Services. You can choose whether to accept cookies by changing the settings of your Internet browser, but some functionality of the Services may be impaired or not function as intended if you choose not to accept cookies. 

 

Web Beacons: Some of our web pages and electronic communications may contain images, which may or may not be visible to you, known as Web Beacons (sometimes referred to as ‘clear gifs’). Web Beacons collect only limited information that includes a cookie number; time and date of a page view; and a description of the page on which the Web Beacon resides. We may also carry Web Beacons placed by third party advertisers. These Web Beacons do not carry any Personal Information and are only used to track usage of the Services and activities associated with the Services.

 

iBeacons and Geolocation: While using certain features of the App, we do not currently, but we may in the future choose to track the physical location of your mobile device to send you information that is relevant to you. Our App may request your physical location for purposes of making personal recommendations for locations, media or events, or for other purposes that we may determine in the future. You will always have control over whether to transmit your physical location, and you can prevent such disclosure by disabling Bluetooth and Wi-Fi, declining the request to share your location, or adjusting your privacy settings in your mobile device operating system (as applicable). 

 

Unique Identifier: We may assign you a unique internal identifier to help keep track of your future visits. We use this information to gather aggregate demographic information about our visitors, and we use it to personalize the information you see on the Services and some of the electronic communications you receive from us. 

 

Use of Collected Information

 

Information collected by Dusk may be used for the following main purposes: 

 

  1. To enable the features of the Services, including, but not limited to: (a) operating any promotions in which you may participate; (b) providing support, products or services to you.

 

  1. To improve the Services by determining which of our products, features and services are most popular. We may analyze usage trends and your information and preferences to enable us and our affiliates to provide services to you and develop new services and otherwise for our internal business purposes.

 

  1. To personalize your experience on the Services.

 

  1. To communicate with you and keep you updated with information about existing and new services, products, and special offers. 

 

 

When Information Is Disclosed

 

We might disclose Personal Information and/or Usage Information when required by law or in the good-faith belief that such disclosure is necessary to: (1) comply with legal processes and applicable law; (2) enforce this Privacy Policy; (3) take precautions against liability and to respond to any claim that any material, document, image, graphic, logo, design, audio, video, audio-visual material, photos, commentary and any other information provided to, from or on the Services by you violates the rights of third parties; (4) assist government enforcement agencies; (5) protect our rights, property, or the safety or the rights, property, or personal safety of Dusk, our customers or others, which includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction; or (6) to investigate potential unauthorized access or misuse of our Services or otherwise enforce or apply our Terms of Use and other agreements.

 

We use reasonable precautions to keep the information that is disclosed to us secure.  We may provide Personal Information and Usage Information to our subsidiaries, affiliated companies, and other businesses or persons for the purposes of processing such information on our behalf and promoting the goods and services of our trusted business partners, some or all of which may store some or all of your information on servers outside of the United States.  Dusk may store and process such information in the United States and other countries.  We require that these parties agree to process such information in compliance with our Privacy Policy or in a similar, industry-standard manner, and we use reasonable efforts to limit their use of such information and to use appropriate confidentiality and security measures.  The use of your information by one of our trusted business partners may be subject to that party’s own privacy policy. 

 

We may now or in the future share Usage Information with third parties to demonstrate the usage patterns for advertisements, content, functionality and/or promotions, on the Services and/or on third party websites.

 

In addition to the other rights herein, at all times we shall have the right to exploit, share, and use for any purpose the Personal Information collected that is in an aggregated, anonymized form, such that you are not identified (collectively, “De-identified Data”).  Except as otherwise set forth herein, we may continue to use Personal Information and exploit, share and use your De-Identified Data after you deactivate or cancel your User Account.

 

We reserve the right to transfer your Personal Information, as well as any information about or from you, in connection with the merger, sale or other disposition of all or part of our business and/or assets.  We cannot make any representations regarding the use or transfer of your Personal Information or other information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors.  You expressly agree and consent to the use and/or transfer of your Personal Information or other information in connection with a sale or transfer of some or all of our assets in any of the above described proceedings.  Furthermore, we cannot and will not be responsible for any breach of security by any third parties or for any actions of any third parties that receive any of the information that is disclosed to us. 

 

We may disclose your Personal Information for any other purpose disclosed by us when you provide the information. We may also disclose your Personal Information with your permission or as directed by you. 

 

Security

 

While we may provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that any information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.  Dusk takes reasonable measures in an effort to prevent the loss, misuse, and alteration of the information that we obtain from you, but we make no assurances about our ability to prevent any such loss, misuse or alteration.

 

Information from Children

 

The Services are not intended or designed to attract children under the age of thirteen (13).  You affirm that you are more than eighteen (18) years of age, or an emancipated minor, or possess parental or legal guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Privacy Policy, and to abide by and comply with this Privacy Policy.  In any case, you affirm that you are over the age of thirteen (13), as THE SERVICES ARE NOT INTENDED FOR CHILDREN UNDER THIRTEEN (13) WHO ARE UNACCOMPANIED BY THEIR PARENT(S) OR LEGAL GUARDIAN(S).

 

Parents and legal guardians should be aware that this Privacy Policy will govern our use of Personal Information, but also that information that is voluntarily given by children, or others, in email exchanges, bulletin boards or the like, may be used by other parties to generate unsolicited communications.  We encourage all parents and legal guardians to instruct their children in the safe and responsible use of their Personal Information while using the Internet.

 

Privacy Outside the Services

 

The Services may now or in the future contain various links to other websites.  We are not and cannot be responsible for the privacy practices or the content of any of those websites.  Other than under agreements with certain reputable organizations and companies, and except for third party service providers (as described in this Privacy Policy), we do not share any of the Personal Information that you provide to us with any of the websites to which the Services links, although we may now or in the future exploit, share and use De-Identified Data with those other third parties.  Please check with those websites in order to determine their privacy policies and your rights under them. 

 

Dusk may use the services of third party service providers, for example to process transactions, provide analytics services, and provide phone verification services when you sign up to use the App. By using our Services, you grant us all necessary rights and consents under applicable laws to disclose to our third party service providers – or allow such third party service providers to collect, use, retain, and disclose – any Personal Information for purposes of providing services to you, including data that we may collect directly from our customers using cookies or other similar means.

 

European Union Users

 

If you are visiting us from the European Union, please note that we may collect, transfer, and continue to use your Personal Information outside the European Union for any of the purposes described in this Privacy Policy.  By using the Services and providing us with your Personal Information, you consent to our collection, transfer, and continued use of your Personal Information in accordance with this Privacy Policy.

 

Choices with Your Personal Information

 

Whether you submit any Personal Information to us is entirely up to you.  You are under no obligation to provide Personal Information.  However, this information is essential for the provision and quality of some of the services we offer to you, so we cannot provide you with certain services if you choose to withhold requested information.  

 

You may choose to prevent us from disclosing or using your Personal Information under certain circumstances (“opt out”).  You may opt out of any disclosure or use of your Personal Information for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization by notifying us by one of the methods at the end of this Privacy Policy, or by following the procedures set forth in an electronic communication from us, if applicable.  Furthermore, even where your Personal Information is to be disclosed and used in accordance with the stated purposes in this Privacy Policy, you may elect to opt out of such disclosure to and use by a third party that is not acting as our agent.  There are some uses from which you cannot opt out, such as to provide products or services that you have requested from us.

 

Access and Correction

 

Please contact us in the manner specified at the end of this Privacy Policy to access your Personal Information in our possession and correct inaccuracies of that information in our records.  We ask individuals to identify themselves and the information requested to be accessed and amended before processing such requests, and we may decline to process requests in limited circumstances, as permitted by applicable privacy legislation.

 

Your California Privacy Rights

 

Under California’s “Shine the Light” law, California residents who provide certain personally identifiable information in connection with obtaining products or services for personal, family, or household use are entitled to request and obtain from us (once a calendar year) information about the customer information we shared (if any) with other businesses for their own direct marketing uses.  If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2017 will receive information regarding 2016 sharing activities, if any).

 

To obtain this information, please send an email message to hello@duskcreativegroup.com with “Request for California Privacy Information” in the subject line and in the body of your message.  We will provide the requested information to you at your email address in response.  Please be aware that not all information sharing is covered by the “Shine the Light” requirements, and only information on covered sharing will be included in our response.

 

Notice to California Residents

 

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services, please send an email to hello@duskcreativegroup.com. You may also contact us by writing to 14 Murray Street, #193, New York, NY, 10007 or by calling us at (646) 807-8516. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

“Do Not Track” Signals

 

Note that your browser settings may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit.  There is no consensus among industry participants as to what “Do Not Track” means in this context.  Like many websites and online services, Dusk currently does not alter its practices when it receives a “Do Not Track” signal from a visitor’s browser.  To find out more about “Do Not Track,” you may wish to visit www.allaboutdnt.com.

 

Your Consent to This Privacy Policy

 

By using the Services, you consent to the collection and use of your information (including Personal Information) by us as specified above or as we otherwise see fit, in compliance with this Privacy Policy, unless you inform us otherwise by means of the procedure identified below.  If we decide to change this Privacy Policy or some part of it, we will make an effort to post those changes on this web page and on our App home page so that you will always be able to understand what information we collect, how we use that information and under what circumstances we may disclose that information to others.  Your use of the Services following such publication of any amendment of this Privacy Policy will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. 

 

We may use comments, information or feedback that you may submit to us, including suggestions regarding how to improve the App (collectively, “Feedback”), in any manner that we may choose, including, but not limited to, the incorporation of such suggested changes into our services and products, without notice or compensation to you.  You hereby grant Dusk a perpetual, irrevocable, worldwide, royalty-free, sublicensable license and all rights to use the Feedback for any purpose we may choose.

 

If you have additional questions or comments or would like to access your recorded Personal Information or opt out of certain sharing, please let us know by sending your comments or requests to:

 

hello@duskcreativegroup.com

 

Copyright © 2017.  Dusk Creative Group, LLC.  All Rights Reserved.

 

Effective as of: May 31, 2019

Last updated: May 31, 2019

© 2019 Dusk Creative Group