Privacy policy
UP & DUCK PRIVACY POLICY
Last updated: August 27, 2026
Up and Duck LLC ("Up & Duck," "we," "us," or "our") operates upandduck.com and provides the related website, online store, products, content, customer support, marketing communications, and other services (collectively, the "Services"). Our online store is powered by Shopify.
This Privacy Policy explains how we collect, use, disclose, and protect personal information when you visit or use the Services, purchase a product, create an account, contact us, subscribe to marketing communications, or otherwise interact with us. If there is a conflict between our Terms of Service and this Privacy Policy regarding personal information, this Privacy Policy controls.
By using the Services, you acknowledge that you have read and understood this Privacy Policy.
1. PERSONAL INFORMATION WE COLLECT
"Personal information" means information that identifies, relates to, describes, or can reasonably be linked to you. It does not include information that has been anonymized or de-identified so that it cannot reasonably identify you.
Depending on how you interact with us, we may collect the following categories of personal information:
• Contact information, such as your name, billing address, shipping address, email address, and telephone number.
• Order and transaction information, such as products viewed, added to a cart, wishlisted, purchased, returned, exchanged, or canceled; order history; payment status; shipping information; and transaction details.
• Payment information, such as payment method and payment confirmation. Payment-card information is processed by Shopify and our payment processors, and we generally do not directly store complete payment-card numbers.
• Account information, such as username, password, account preferences, and settings.
• Communications, such as information included in customer-service inquiries, custom-product requests, reviews, survey responses, social-media interactions, emails, text messages, RCS messages, and other communications with us.
• Device and technical information, such as IP address, browser type, device type, operating system, network information, cookie identifiers, and similar identifiers.
• Usage information, such as pages viewed, links clicked, products viewed, referring pages, dates and times of visits, and how you interact with the Services.
• Marketing preferences and consent records, such as whether you have opted in to receive email, SMS, or RCS communications and the date, time, source, and status of that consent.
We do not intentionally collect sensitive personal information unless it is necessary to provide the Services, required by law, or voluntarily provided by you for a specific purpose.
2. HOW WE COLLECT PERSONAL INFORMATION
We may collect personal information:
• Directly from you when you place an order, create an account, contact us, request a custom product, submit a form, leave a review, join a program, or subscribe to communications.
• Automatically when you use the Services, including through cookies, pixels, log files, and similar technologies.
• From service providers that process information on our behalf, such as Shopify, Klaviyo, payment processors, shipping carriers, fulfillment providers, analytics providers, customer-support tools, and fraud-prevention providers.
• From third parties when you direct them to provide information to us or when permitted by law, such as social-media platforms or referral and affiliate partners.
3. HOW WE USE PERSONAL INFORMATION
We may use personal information to:
• Provide and improve the Services, including operating our store, displaying products, personalizing your onsite experience, maintaining accounts, and improving website performance and functionality.
• Process transactions, including accepting payment, fulfilling orders, arranging shipping, providing order updates, and processing returns, exchanges, cancellations, or refunds.
• Provide customer support, respond to questions, manage custom-product requests, communicate about orders, and maintain our relationship with you.
• Send marketing communications that you have requested or consented to receive, including email, SMS, and RCS messages. You may unsubscribe at any time using the instructions in the communication.
• Maintain consent and suppression records so that we can honor communication preferences and legal requirements.
• Detect, investigate, and prevent fraud, security incidents, illegal activity, misuse of the Services, and violations of our terms or policies.
• Comply with applicable laws, regulations, court orders, subpoenas, government requests, tax obligations, and other legal processes.
• Protect our rights, property, safety, customers, users, and the public.
MARKETING AND ADVERTISING
We do not sell, rent, or share your personal information—including your mobile telephone number, mobile opt-in information, or SMS/RCS consent data—with third parties for advertising or promotional purposes. We use personal information to provide the Services and to send marketing communications that you have opted in to receive. You may unsubscribe from marketing communications at any time.
We may use service providers acting on our behalf to deliver communications, operate our store, measure the performance of our Services, and provide related technical services. Those providers may process personal information only to perform services for us, comply with law, or protect rights and security; they are not authorized by us to use your mobile opt-in information or SMS/RCS consent data for their own advertising or promotional purposes.
4. HOW WE DISCLOSE PERSONAL INFORMATION
We may disclose personal information only as reasonably necessary for the purposes described in this Privacy Policy, including:
• To service providers acting on our behalf, including Shopify, Klaviyo, payment processors, fraud-prevention providers, website-hosting and technology providers, analytics providers, customer-support providers, fulfillment partners, shipping carriers, professional advisers, and other vendors that help us operate the Services.
• At your direction or with your consent, such as when you ask us to ship an order, connect with a third-party service, submit information through a social-media feature, or otherwise authorize a disclosure.
• To law-enforcement agencies, regulators, courts, government authorities, or other parties when we reasonably believe disclosure is required by law or necessary to respond to legal process, enforce our terms and policies, investigate fraud or illegal activity, or protect rights, property, safety, and security.
• In connection with a business transaction, such as a merger, acquisition, financing, reorganization, bankruptcy, sale of assets, or transfer of all or part of our business, subject to applicable law.
We do not authorize service providers to use personal information for purposes unrelated to the services they provide to us. We do not sell, rent, or share personal information with third parties for their own advertising or promotional purposes.
5. SHOPIFY AND OTHER SERVICE PROVIDERS
Our store is hosted by Shopify. Shopify collects and processes personal information about your access to and use of the Services so that it can provide its commerce platform, payment, security, fraud-prevention, and related services to us and to you. Information submitted through the Services may be transmitted to and processed by Shopify and other service providers in countries other than the country where you live.
Shopify processes certain personal information under its own privacy policy and may be responsible for responding to requests concerning information it controls. For more information, visit Shopify's Consumer Privacy Policy at https://www.shopify.com/legal/privacy/consumers and Shopify's Privacy Portal at https://privacy.shopify.com/.
6. SMS AND RCS MESSAGING PRIVACY
If you opt in to receive SMS or RCS messages from Up & Duck, we may collect and use your telephone number, consent record, messaging preferences, message content, and related delivery and interaction information to operate the Up & Duck messaging program.
We do not sell, rent, or share your personal information—including your mobile telephone number, mobile opt-in information, or SMS/RCS consent data—with third parties for advertising or promotional purposes.
We may disclose messaging information only to service providers that help us operate and deliver the messaging program, including Klaviyo, messaging-platform providers, wireless carriers, and message-delivery vendors. These parties may use the information only to provide messaging services on our behalf, comply with law, or protect the security and operation of those services, and not for their own advertising or promotional purposes.
Consent to receive marketing messages is not a condition of purchase. Message frequency varies. Message and data rates may apply. Reply STOP to unsubscribe or HELP for assistance. We may send a confirmation after an opt-out request, and we may retain limited information necessary to honor the request. For complete messaging terms, please review our Terms of Service at https://upandduck.com/policies/terms-of-service.
7. COOKIES AND SIMILAR TECHNOLOGIES
We and our service providers may use cookies and similar technologies to operate the Services, remember preferences, keep the website secure, understand website performance, prevent fraud, and provide requested functionality.
You may control certain cookies through your browser settings and any privacy controls made available on our website. Blocking some cookies may affect the availability or performance of portions of the Services. Where required by law, we will request consent before using non-essential cookies.
8. THIRD-PARTY WEBSITES AND SERVICES
The Services may contain links to websites, applications, social-media platforms, or other services operated by third parties. We do not control and are not responsible for the privacy, security, accuracy, or practices of those third parties. Review their privacy policies before providing personal information.
Information you post in public or semi-public areas, including reviews or social-media pages, may be visible to other users and may be used by them. Do not post information that you do not want publicly available.
9. DATA SECURITY
We use reasonable administrative, technical, and organizational safeguards designed to protect personal information. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security. Do not send sensitive or confidential information through unsecured channels.
10. DATA RETENTION
We retain personal information for as long as reasonably necessary to provide the Services, complete transactions, maintain business and tax records, honor communication preferences, resolve disputes, enforce agreements, protect against fraud, and comply with legal obligations. Retention periods vary depending on the type of information, the purpose for which it was collected, and applicable legal requirements.
11. CHILDREN'S PRIVACY
The Services are not directed to children under 13, and we do not knowingly collect personal information from children under 13. If you believe a child has provided personal information to us, please contact us so that we can review and, when appropriate, delete the information.
We do not knowingly sell or share, as those terms are defined under applicable privacy laws, the personal information of individuals under 16 years of age.
12. YOUR PRIVACY RIGHTS AND CHOICES
Depending on where you live and subject to applicable law, you may have the right to:
• Request access to or confirmation of the personal information we maintain about you.
• Request correction of inaccurate personal information.
• Request deletion of personal information.
• Request a portable copy of certain personal information.
• Object to or request restriction of certain processing.
• Withdraw consent when processing is based on consent. Withdrawal does not affect processing that occurred before withdrawal.
• Appeal a decision we make concerning a privacy-rights request, where applicable.
• Not receive discriminatory treatment for exercising an applicable privacy right.
You may submit a request by emailing sales@upandduck.com. We may need to verify your identity before completing a request. You may use an authorized agent where permitted by law, but we may require proof that the agent is authorized to act for you and may also require direct identity verification.
You may also submit certain requests relating to information processed by Shopify through the Shopify Privacy Portal at https://privacy.shopify.com/.
GLOBAL PRIVACY CONTROL AND DO NOT TRACK
Where required by applicable law, we recognize Global Privacy Control signals as requests to opt out of processing covered by those signals. Because there is not currently a universally accepted standard for other browser-based "Do Not Track" signals, we do not respond to other Do Not Track signals unless required by law.
COMMUNICATION PREFERENCES
You may unsubscribe from promotional emails by using the unsubscribe link in the email. You may unsubscribe from SMS or RCS marketing by replying STOP. If you opt out of marketing, we may still send non-promotional communications, such as order, account, security, or customer-service messages.
13. INTERNATIONAL DATA TRANSFERS
We and our service providers may transfer, store, and process personal information outside the country where you live. Where applicable law requires a transfer mechanism, we or our service providers will rely on recognized safeguards, such as adequacy decisions, standard contractual clauses, or another lawful transfer mechanism.
14. CHANGES TO THIS PRIVACY POLICY
We may update this Privacy Policy to reflect changes to our practices, technologies, Services, or legal obligations. We will post the revised policy on this website, update the "Last updated" date, and provide any additional notice required by law.
15. CONTACT US
If you have questions about this Privacy Policy, our privacy practices, or a privacy-rights request, contact us at:
Up and Duck LLC
3434-135 Kildaire Farm Rd #714
Cary, NC 27518
United States
Email: sales@upandduck.com
Website: https://upandduck.com
For purposes of applicable data-protection laws, Up and Duck LLC is the controller of personal information described in this Privacy Policy, except where another party is identified as the controller.