Last Modified: October 19, 2020

Welcome to this website (the “Website”), which is operated by Duology LLC (“Duology,” “we,” or “us”). 

Duology knows that you care about your personal information. Your privacy is important to us. This Privacy Policy explains what personal information and data we collect from you and how we use it, whether you access online (www.duologyprep.com) (the “Website”), via a mobile application, or any other means, now existing or which may be developed in the future. Please read this Privacy Policy with care.

BY VISITING THE SITE, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY.

This privacy policy is prepared in compliance with the requirements of the Stop Hacks and Improve Electronic Data Security Act (SHIELD ACT), N.Y. Gen Bus. Law § 899 aa and bb and Connecticut General Statutes, Chapter 743dd, Protection Of Social Security Numbers And Personal Information, the General Data Protection Regulation (EU) 2016/679 (“GDPR”), the Personal Information Protection and Electronic Documents Act (Canada)(“PIPEDA”), Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31 (Ontario), Act Respecting The Protection Of Personal Information In The Private Sector chapter P-39.1 (Quebec), and the UK-GDPR (United Kingdom General Data Protection Regulation) as each law is in force from time to time. Where a particular provision applies to Canadian-based, EU-based, or UK-based users only, we have made this clear. Our nominated person for privacy matters is Robert D’Ambra at info@duologyprep.com

1. What Personal Information Do We Collect?

We collect information to improve our services and your experience on the Website. We collect the following types of information:

  • Information that you give to us.We collect and store any information that you enter on the Website or that you otherwise give to us. For instance, you provide us with information if you sign up for our services, search for a Program (as defined in the Terms of Use), place an order, register on the Website, complete a questions/comments form, add a Program review, respond to social media inquiries, or send e-mail to us. As a result of these activities, you might supply us with such information as your name, age, address, phone numbers, e-mail address, credit card and other financial information, passwords and password hints, educational history and information, special requests, and the names, addresses, e-mail addresses, and phone numbers of third parties. You can choose not to provide certain data, but then you might not be able to take advantage of many of our features and services.
  • Information that is collected automatically.We collect and store certain types of information when you visit the Website or otherwise interact with us. For example, we use various methods and technologies to collect information so that we can learn about how you use our Website, including cookies, Flash cookies, and web beacons, as further described in this Privacy Policy, and weblogging, which allows us to collect the standard information that your web browser sends to Websites you visit, such as your IP address, browser type and language, and the Website you came from, as well as the pages you visit and the links you click while using our Website. We may use software tools such as Javascript and Google Analytics to measure and collect session information, including page response times, how long you visit a certain page, the ways that you scroll or interact with a page, and methods that you use to browse away from a page. We may also collect information about your computer or mobile device, unique device identifiers, browsing history, time zone settings, purchase history, and geolocation information. Note that most mobile devices provide users with the ability to disable location services. Please contact your mobile service carrier or device manufacturer for that information.
  • E-mail communications.To make our e-mail more relevant to you, we may include a web beacon or other tools that provide us with a confirmation that you have opened an e-mail that we have sent to you if your computer supports such features. We may also compare our customer list with lists that we receive from other sources, to avoid sending duplicate or unnecessary messages to our customers. You can adjust your communication preferences by contacting Duology via e-mail at info@duologyprep.com.
  • Information from other sources.We may receive information from other sources and add it to the information about you that we store. For example, we may receive updated delivery and address information from carriers or other third parties; information about your web searches; credit history information; or information from other merchants or third parties that provide services for us. We may also receive information from businesses or organizations with whom we offer co-branded products or otherwise collaborate.
2. Comments and User Content.  

Certain features on the Website may allow you to submit content that is designed to be visible to other users, such as comments, recommendations, reviews, and ratings. Any information that you disclose in these submissions becomes public, along with your screen name or ID, any image or photo, or other information that you have made available. The Website may also allow you to submit geolocation data that may be associated with your content (both within Duology and publicly on the Website). Most mobile devices and browsers provide users with the ability to disable location services. Please contact your mobile service carrier or device manufacturer for that information.

3. How Do We Use Cookies and Similar Technologies?

The technologies we use for the automatic data collection described in this section may include: • cookies, pixels, web beacons, and other tracking. Our Website may use cookies, web beacons or pixels, Flash cookies, HTML5 local storage, and other similar technologies. We use these technologies to manage your access to the Website (e.g., so you don’t need to repeatedly enter your password), to recognize you and provide personalization (e.g., so you don’t see the same ads too frequently), to measure traffic patterns and help us understand how our users use our Website. You can change the settings on your browser to opt-out of receiving cookies delivered by the Website, but you may not be able to access certain areas or features on our Website or Services if your computer does not accept cookies from us. Please note that Flash cookies operate differently from browser cookies, and cookie management tools available in a web browser will not remove flash cookies. 

  • Analytics. We may enter into contracts with third-party service providers to collect non-personally identifiable data on behalf of Duology and provide us with information, reports, and analysis about the usage, general location information, and browsing patterns of users of the Website.
4. How Do We Use The Information That We Collect?  
  • To provide you with services and to communicate with you. Our primary goal in collecting information is to improve your experience on our Website and with our Programs. We use your information to customize certain features of the Website, for instance, to tailor your experience to the type of device you are using to access the Website. We may use your history, for instance, to recommend certain content to you.

We also use the information that we collect to provide you with the services that you’ve requested, such as allowing you to access or submit content and to fulfill any orders for products.

We also use your personal information to contact and communicate with you. For instance, we use your information to provide you with legal notices or to advise you of any changes to the Website or to our Terms of Service or this Policy.

We may also use information about you and your activities on the Website to send you offers, promotions, and information that may be of interest to you. If you do not wish to receive such communications, you can adjust your communication preferences by contacting Duology via e-mail at info@duologyprep.com.

  • To provide you with relevant advertising. We may display offers from our partners or advertisements to you. We use the information that we collect from you to allow advertising to be targeted to the relevant audience. For instance, we may use demographic and preference information that you provide to deliver targeted advertising. This allows users to see the advertising that is most likely to interest them and allows our advertisers to provide their content to people who are most likely to be receptive. If we disclose information to third-party advertisers, it is only in aggregate or de-identified form.
  • To improve the Website. We may do research into our users’ demographics, interests, purchasing behavior, and the ways they use the Website and interact with our Programs. In doing these analyses, we may use the personal information that you provide to us in addition to the data from our server log files or from surveys. This research allows us to better understand our users and to improve our products and services. We may share aggregated, de-identified data with advertisers or other businesses. We may also match user information with third-party data, subject to the terms of confidentiality agreements. For example, we may use information from other companies to customize certain services to your geographic area based upon your IP address.

We will only use your personal information for electronic marketing purposes if we are allowed to do this by law or if we have your consent. If you agree to us providing you with marketing information, you can always opt out at a later date. If you would rather not receive marketing material from us, please let us know at any time by contacting us via e-mail at info@duologyprep.com. 

5. Why We Collect Your Personal Information

We collect this information for the purposes described in the section titled “How We Use Your Information”. The lawful basis for which we process your information is your consent. Processing is necessary for the performance of a contract to which you are a party. If you fail to provide this information, we may be unable to perform the contract. Processing is necessary for compliance with our legal obligations and for the purpose of the legitimate interest pursued by us or a third party, except where your rights as a data subject override our legitimate interest.

6. How Do We Share Information That We Receive?

Duology is not in the business of selling your personal information to others. We share the information that you provide only with our affiliated entities, to vendors that provide services under contracts with us (such as hosting companies and list managers),  to fulfill your orders, to provide you with services you’ve requested, or for the specific purposes set forth below.

Unless otherwise stated in this Privacy Policy or at the time of collection, our policy is that we will not sell, rent, share or authorize any third party to use your email address or any information that personally identifies you without giving you prior notice. In the future, we may sell, buy, merge, or partner with other companies or businesses. In the event of such a transaction or transactions, we may include your information among the transferred assets.

We also share information about our users and customers in aggregate or de-identified form, and nothing in this Privacy Policy restricts our use of aggregated or de-identified information in any way.

Please note that it may be necessary to disclose your personal information and your opt-out preference to third parties to allow them to remove or suppress your name from future solicitations.

In addition, we may use or share your personally identifiable information in the following circumstances:

  • Service providers. We have contracts with third parties to provide services on our behalfs, such as credit card and payment processing, shipping, e-mail distribution, list processing, analytics, and promotions. We provide these service providers with only the information that they need to perform their services, and we have written agreements that prohibit them from using this information in any other way or sharing or reselling the information. 
  • Contests and promotions. We may display contests and promotions on the Website that are sponsored by companies other than Duology or that are co-sponsored by another company and us. Some or all of the personal information that you provide in connection with such a contest or promotion may be shared with the sponsor. The exact rules may vary in each case but the specific rules for any contest or promotion will state how that information may be used. You can decide not to participate in the contest or promotion if you don’t want your personal information to be shared, but you may not be able to participate if you chose not to share personal information.
  • Legal process and other special circumstances. We may disclose your information, including personal information, in response to a request from law enforcement, a subpoena, or court order, or when we may otherwise be required by law. We may also disclose or use your personal information in special cases when we have a good faith belief that disclosing or using this information may be necessary to (1) identify, contact, or bring legal action against someone who may be violating our Terms of Service; or (2) protect our rights or property, including protecting against the misuse or unauthorized use of the Website; or (3) protect the personal safety or property of other users of the Website or the public.

International Transfers (Canada, EU and UK based users)

If you are based in Canada,  EU, or the UK, we will need to transfer your personal information to the USA for the purposes listed in this policy. Rest assured that we will always ensure any transfer is subject to appropriate security measures to safeguard your personal information.

7. For How Long Do We Keep Your Personal Information?

We keep your information for no longer than is necessary. We will retain your information for any period required by law, and where we are not under a legal obligation to retain your information, we will determine what is necessary by reference to the lawful basis for processing set out above and our legitimate interests.

If you have any questions about how long we keep your information, please contact us.

8. How Do We Communicate With You?

Duology does not share, sell, rent, swap or authorize any third party to use your e-mail address for commercial purposes without your permission. If you believe that you have received an e-mail from us in error, please contact us at info@duologyprep.com.

We may send you e-mail relating to your accounts, such as confirmations, notifications about changes to the Website or to our Privacy Policy, and similar transactional communications. If you have registered for online discussions or similar services, you may also receive an e-mail relating to your participation in those activities.

If we establish a newsletter and you sign up to receive it, we will send it to the e-mail address that you provide. If you decide that you no longer wish to receive the newsletter, you can use the “unsubscribe” feature in each such email or send us an email at info@duologyprep.com

From time to time we may send you an e-mail about products and services that we think may be interesting to you. If you do not wish to receive these communications, you can use the “unsubscribe” feature in each such email or send us an email at info@duologyprep.com.

We may occasionally send you an e-mail inviting you to provide a product review, feedback, or participate in a survey. This feedback allows us to improve our Website. Unless otherwise stated in the invitation, any information you provide will not be shared with third parties except in aggregate form.

You can choose to receive e-mail in either plain text or in HTML format. When we send you an e-mail in HTML format, we may include a web beacon or pixel so that we can determine whether you have opened the e-mail. We will share this information only in aggregate form.

If you contact us by e-mail, we will use your e-mail address to respond to you. Please exercise caution in disclosing personal information, as email sent over the internet is not necessarily secure.

Our Website may offer a “send this by email” feature that allows you to inform a friend about a product we offer. We may save the e-mail addresses that you provide, for your future convenience, but we do not use them for any other purpose.

9. Links to Other Websites. 

The Website may also contain links to third-party websites. The Website may contain links to other Internet websites for the convenience of users in locating information, products, or services that may be of interest. If you access a third-party website from a link on this Website, any information you disclose on that website is not subject to this Privacy Policy. It is possible that these links may be used by third parties or others to collect personal or other information about you. Duology is not responsible for the privacy practices of such websites, advertisers, or third parties or the content of such websites and it is your sole obligation to review and understand the privacy practices and policies of these other websites. Duology does not control these third-parties use of cookies, collection of information, or how they manage such information. 

10. How Do We Protect Your Information?

Duology has implemented commercially reasonable physical, technical, and administrative controls and procedures to protect the information that we collect. Unfortunately, no method of storage or transmission over the Internet can be 100% secure, and so we cannot guarantee that your information will not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. Please help keep your account safe by using a strong password.

11. How Do You Review Or Change Your Personal Information?  

If you would like to review or update the personal information that you have provided to us, please log on to your account or send an email to info@duologyprep.com or contact us by mail, and we’ll provide you with a summary of that information. This provision does not apply to information that we collect automatically from your device or browser, as described in Section 1, above.

12. Your Rights Under Data Protection Law (If You Are Based in the EU or the UK)

If you have created an account with us, you can sign in to your account to access and update your information. You can manage your marketing preferences at any time via your account.

You have a right to ask us to confirm whether we are processing information about you and to request access to this information (‘right of access). You also have the right to be informed of the safeguards we have in place relating to any transfers of your information to another country.

You may ask us, or we may ask you, to rectify information you or we think is inaccurate, and you may also ask us to remove information which is inaccurate or complete information that is incomplete (‘right to rectification). If you inform us that your personal data is inaccurate, we will inform relevant third parties with whom we have shared your data so they may update their own records.

We want to ensure that your personal information is accurate and up to date. If any of the information that you have provided us with changes, for example, if you change your email address, name, payment details, or if you wish to cancel your registration, please let us know using the contact details at the end of this policy.

You have a right to obtain your personal data from us and reuse it for your own purposes, perhaps for another service, without hindering the usability of the data (‘right of portability). This right does not apply where processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.

You have a right to seek the erasure of your data (often referred to as the ‘right to be forgotten). You may wish to exercise this right for any reason, for example where it is no longer necessary for us to continue holding or processing your personal data you may withdraw your consent. You should note that we are entitled to and reserve the right to retain your data for statistical purposes. This right is not absolute, as we may need to continue processing this information, for example, to comply with our legal obligations, or for reasons of public interest.

You have a right to ask us to restrict our processing of your information (‘right to restriction’) if: (a) you contest its accuracy and we need to verify whether it is accurate, (b) the processing is unlawful and you ask us to restrict the use of it instead of erasing it, (c) we no longer need the information for the purpose of processing, but you need it to establish or defend legal claims, (d) you have objected to the processing of your information being necessary for the performance of a task carried out in the public interest, or for the purposes of our legitimate interests. The restriction would apply while we carry out a balancing act between your rights and our legitimate interests. If you exercise your right to restrict processing, we would still need to process your information for the purpose of exercising or defending legal claims, protecting the rights of another person, or for public interest reasons.

You have a right to prevent us from processing your data for the purposes of marketing.

If you would like to exercise any of your rights above, please let us know using the contact details at the end of this policy. We will act in accordance with your instructions as soon as reasonably possible and there will be no charge.

You have a right to report any of your concerns about our use of your data to the relevant data protection authority in your EU country or in the UK.

13. How Do We Respond To “Do Not Track?”

At present, there is no standard or agreement on how to respond to “do-not-track” signals that may be sent by web browsers. Accordingly, Duology currently does not take any action in response to these signals. We may reassess how to respond to these signals if and when a final standard is established and accepted. In the meantime, you can opt-out of many advertisers’ use of cookies to tailor advertising to you by visiting http://www.aboutads.info/choices/.

14. How Do We Protect Children’s Privacy?

Duology does not offer services or sell products for purchase by children (anyone under the age of 13 without parental consent. The Website is not intended for anyone under the age of 13 without parental consent. If you are under the age of 18, you may not sign up for any content which requires payment except with the permission or involvement of your parent or guardian. If we learn that we have collected any personal information from a child under the age of 13 without verification of parental consent, we will delete that information from our database as quickly as possible.

If you are based in the European Union or the UK, the above provisions relating to children’s privacy generally apply to children under the age of 16, but this may vary across different member states.

15. How May We Change This Privacy Policy?

Duology reserves the right to change this Privacy Policy at any time in our sole discretion. All changes are effective immediately when we post them.  If we make a significant or material change in the way we use your personal information, the change will be posted on this page thirty (30) days prior to taking effect. We may also post a notice on our Website. If you access or use the Website or Programs ] after the effective date of the change, you agree to be bound by the updated Privacy Policy.

16. Your California Privacy Rights

California’s “Shine The Light” law (California Civil Code Section 1798.83) permits California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information, if any, for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those third parties. If you are a California resident and would like to request this information or opt-out of the sharing of your personal information with third parties for marketing purposes, please submit your request in writing to info@duologyprep.com.

Contact Information

If you have any questions or comments about this notice, the ways in which we collect and use your information described here, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at: info@duologyprep.com.

Postal Address: Duology LLC, c/o Amy B. Goldsmith, Tarter Krinsky & Drogin LLP, 1350 Broadway, NY, NY 10018

Dated: October 19, 2020