Privacy Policy

Last Updated on March 15, 2023

SUMMARY. The website www.Pica.is (the “Site”) is brought to you by Pica Design, LLC (“Pica,” “we,” “us,” or “our”). This privacy policy (the “Privacy Policy”) is intended to inform you of Pica’s policies and practices regarding the collection, use and disclosure of information that you provide to us when you visit this Site. Unless otherwise defined herein, capitalized terms shall have the meanings assigned to such terms in the Terms of Use for the Site. This Privacy Policy is incorporated into, and part of, our Terms of Use which govern your access and use of this Site and/or Services in general. If you have comments, suggestions, questions, or concerns about our Privacy Policy, please contact rob@pica.is.

1 INFORMATION WE COLLECT. Pica collects and uses Personal Information as described in this Privacy Policy. “Personal Information” is information about you that is personally identifiable to you like your name, address, telephone number, and e-mail address. By accessing our Site and/or submitting Personal Information through the Site, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your Personal Information according to this Privacy Policy.

2 HOW PERSONAL INFORMATION IS COLLECTED. When you communicate with us via our Site, Pica collects your Personal Information only if you provide it to Pica voluntarily. Portions of the Site may allow you to provide Pica with Personal Information in order to contact us or to submit a resume in response to a job opening posted on our Site.

3 UNSECURED EMAIL WARNING. Please note that any information you send to us via email is sent via an unsecured email link. Due to the nature of the Internet, there is a possibility that unsecured (unencrypted) email could be intercepted and read by third parties. Pica assumes no responsibility for interception of confidential information you send in an unsecured (unencrypted) email message.

4 INFORMATION WE TRACK. Similar to many websites, Pica gathers certain Anonymous Information automatically and stores it in web server log files. “Anonymous Information” means information that is not associated with or linked to your Personal Information; Anonymous Information does not permit the identification of individual persons. This information includes internet protocol addresses, browser type, internet service provider (ISP), site entry/exit pages, operating system, date/time stamp, and clickstream data. Pica uses this information to improve our Site, analyze trends, administer the Site, track users’ movements around the Site, and gather aggregate information about the Site user base as a whole from which individual identities have been removed.

5 USE OF PERSONAL INFORMATION. The Personal Information Pica gathers from you may be used for the following purposes: (i) to provide information, materials, or services that you have requested; and (ii) to provide you with information and materials about our services. Pica does not collect or maintain Personal Information for resale purposes, or share Personal Information with any other company or organization except as specifically disclosed herein. If you send a resume in response to a job opening posted on our Site, we will retain your Personal Information only for the purpose of filling the job opening and will not use it for any other purpose.

6 USE OF ANONYMOUS INFORMATION. Pica may use Anonymous Information for any purpose in its discretion and to disclose such Anonymous Information to third parties.

7 DISLCOSURE OF PERSONAL INFORMATION

A Sharing Personal Information with Affiliates. We may share some or all of your Personal Information with our subsidiaries, joint ventures, or other companies under a common control with us (collectively, “Affiliates”) or trusted service providers that perform services to maintain and operate the Site on our behalf, in which case we will require our Affiliates to honor this Privacy Policy and we will require the service providers to perform services according to our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.

B Sharing Personal Information in the event of Acquisition. If Pica is acquired, merges with another entity or sells portions of its assets, our databases (which may contain your online personal information) will be among transferred assets. You will be notified via the Site of any such change in ownership or control of your Personal Information.

C Disclosing Personal Information to Comply with Laws and Similar Disclosure. We reserve the right to access, use, preserve, or disclose your Personal Information when we have a good faith belief that access, use, preservation, or disclosure of such information is reasonably necessary to (1) satisfy any applicable law or regulation, (2) respond to claims and/or to comply with a judicial proceeding, court order, or legal process served on us, (3) to protect and defend our rights or property, and/or the rights or property of the visitors/users of our Site, or third parties, as permitted by law, (4) detect, prevent, or otherwise address fraud, security or technical issues, or (5) enforce our Terms of Use.

8 CHILDREN UNDER 13 YEARS OF AGE. You should be aware that this Site is not intended for, or designed to attract, children under the age of 13 and as such, Pica does not intentionally gather Personal Information about visitors who are under the age of 13.

9 OTHER WEB SITES. Pica’s provision of links to other web sites on the Site is for your convenience and does not signify our endorsement of such other web sites or their content. Pica has no control over, does not review, and cannot be responsible for these third party web sites or their content. Please be aware that the terms of this Privacy Policy do not apply to these third party web sites.

10 SECURITY. Pica uses reasonable measures to maintain the security of your Personal Information. However, no company, including Pica, can fully eliminate security risks associated with the transmission of Personal Information through online transactions, and you do so at your own risk.

11 NOTICE FOR VISITORS OUTSIDE OF THE UNITED STATES. You should be aware that the United States and other countries have not harmonized their privacy regulations. Because Pica and its servers are located in the United States, Pica has written its Privacy Policy to satisfy United States regulations. By using the Site, you agree to the level of privacy protection set out in our Privacy Policy.

12 NOTICE TO CALIFORNIA RESIDENTS. California Civil Code Section 1798.83 permits customers who are California residents and who have provided Pica with “personal information” (as that term is defined in Section 1798.83) to request certain information about the disclosure of that information to third parties for their direct marketing purposes. If you are a California resident with questions regarding this, please contact Pica at PO Box 225, Belfast, ME 04915

13 PRIVACY POLICY UPDATES. This Privacy Policy is subject to occasional revision, and changes will be posted on this page. Any changes to this Privacy Policy will be communicated on this page. You are urged to return to check the Privacy Policy for the latest updates prior to submitting any Personal Information through the Site.

Last Updated on May 18, 2023

YOUR ACCEPTANCE OF THE TERMS OF USE. The website www.Pica.is (the “Site”) is brought to you by Pica Design, LLC (“Pica,” “we,” “us,” or “our”). This agreement sets forth the terms and conditions which govern your use of the Site, the Client Extranet (as defined below) and of the Content (as defined below) and services made available on or through the Site and/or the Client Extranet (collectively, the “Services”). PLEASE READ THESE TERMS AND CONDITIONS OF USE (the “Terms of Use”) CAREFULLY BEFORE USING THE SERVICES AS THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND Pica AND GOVERN YOUR ACCESS TO AND USE OF THE SERVICES. BY ACCESSING OR USING THE SERVICES IN ANY MANNER, YOU INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF (1) THESE TERMS OF USE, (2) OUR PRIVACY POLICY [Pica team, please add hyperlink to Copyright Complaint Policy here] (“THE PRIVACY POLICY”); AND (3) ANY OTHER LEGAL NOTICES, CONDITIONS, OR GUIDELINES LOCATED ON THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES AND EXIT NOW. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO UPDATE OR REVISE THESE TERMS OF USE FROM TIME TO TIME. YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OR NOTICE OF ANY CHANGES TO THE TERMS OF USE OR PRIVACY POLICY WILL INDICATE YOUR ACCEPTANCE OF THOSE CHANGES.

1 CONTENT MADE AVAILABLE ON OR THROUGH THE SITE AND YOUR USE OF CONTENT.

A Description of Content. The Site and the Client Extranet contain a wide variety of Content (defined below), whether (1) proprietary to Pica, or (2) proprietary to third parties. “Content” includes, but is not limited to text, data, files, documents, reports, software, scripts, layout, design, function and “look and feel,” graphics, images, audio, videos, audiovisual combinations, interactive features and any other materials that you may view or access through the Site.

B Proprietary Rights. You acknowledge and agree that all Content, whether publicly posted or privately transmitted, as well as all derivative works thereof, are owned by Pica or other parties that have licensed their material to Pica, and are protected by copyright, trademark, and other intellectual property laws. Except as specifically permitted herein or in your Creative Services Agreement with Pica, Content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the prior consent of Pica or such third-party that owns the Content.

C Restrictions on Your Use of Content. The following restrictions apply to your use of Content:

a Except as otherwise provided in your Creative Services Agreement with Pica, you may access Content for your information and use solely as intended through the provided functionality of the Site and/or the Client Extranet and as permitted under this Agreement. You shall not use Content in any manner that infringes our or any third party’s intellectual property rights, or other rights in or to the Content. All rights not expressly granted herein or in your Creative Services Agreement with Pica by Pica and/or its licensors to you are reserved by Pica and/or its licensors. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site, Client Extranet and/or Services that prevent or restrict the use or copying of any Content and not to alter, remove, or falsify any attributions or other proprietary designations of origin or source of any Content appearing on the Sites or contained in a file that is uploaded to the Site and/or the Client Extranet.

D Disclaimer. Except as otherwise provided in your Creative Services Agreement with Pica, Content is provided to You AS IS. You understand that we do not guarantee the accuracy, safety, integrity or quality of Content and you hereby agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the Content, integrity, and accuracy of such Content.

2 ACCESS TO AND USE OF THE CLIENT EXTRANET.

A Security and Passwords. Access to our client extranet (the “Client Extranet”) is enabled only by userid and passwords. You shall maintain your userid and password in strict confidence. In no event shall you share your userid or password with any third party or allow another person to access the Client Extranet using your userid and password. You shall immediately notify Pica if you have any reason to believe that your userid or password has been lost or compromised or misused in any way. You are fully and solely responsible for any and all use of the Client Extranet using your userid and password. Pica reserves the right to revoke or deactivate your userid and password at any time if Pica determines that you have violated the terms of this Agreement.

B The Client Extranet will enable you to access only the project information to which you have been assigned including project files, deliverables, notes, correspondence, templates, and presentations on a project basis. Notwithstanding anything else to the contrary in this Agreement, your specific rights to the Content made available to you via your client account on the Client Extranet are set forth in your Creative Services Agreement.

C Acceptable Use. You agree that you shall access and use the Client Extranet, including the Content made available on or through the Client Extranet, in a manner consistent with all applicable professional and ethical standards and requirements, local, state, and national laws and regulations, and otherwise in accordance with your Creative Services Agreement with Pica, this Agreement and the rules, policies and procedures established by Pica for use of the Client Extranet.

3 RESTRICTIONS ON YOUR USE OF THE SERVICES. You agree that you shall not (and you agree not to allow any third party to): (i) access or use the Services in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes this Terms of Use and our Privacy Policy; (ii) attempt to disrupt the operation of the Services through use of methods such as viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming; (iii) attempt, through any means, to gain unauthorized access to the Services and/or any computer systems or networks, through hacking, password mining or any other means; (iv) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or (v) use any robot, spider, site search/retrieval application, or other device to access, retrieve or index any portion of the Services/Content for any purpose. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission is prohibited.

4 TRADEMARKS/SERVICE MARKS, LOGOS, SLOGANS AND TAGLINES. All trademarks, service marks, logos, slogans and taglines displayed on the Site are the property of Pica or their respective owners and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on the Site without the express written permission of Pica, or such third-party that may own the trademark, service mark, logo, slogan or tagline.

5 MODIFICATION, SUSPENSION OR TERMINATION OF SERVICES. You understand that the Services are provided as a courtesy to you and that we may modify, suspend or terminate all or a portion of the Services at any time in our discretion without prior notice to you. While the Services are currently free of charge, you acknowledge that Pica reserves the right to charge for aspects or additions to the Services in the future.

6 TERMINATION/EXCLUSION. We reserve the right, in our sole discretion, to revoke, terminate or suspend any privileges associated with accessing our Site for any reason or for no reason whatsoever, including improper use of the Services or failure to comply with these Terms of Use, and to take any other action we deem appropriate. You agree that Pica shall not be liable to you or any third party for any termination of your access to the Services.

7 VISITOR/USER SUGGESTIONS. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to Pica (“Comments”) are not confidential and you hereby grant to Pica a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as it deems appropriate, for any and all commercial or non-commercial purposes, in its sole discretion.

8 LINKS TO THIRD PARTY SITES AND SERVICES; NO IMPLIED ENDORSEMENT. This Site may contain links to other web sites owned by third parties. Please note that when you click on any of these links, you are entering another web site for which Pica has no responsibility or control. You agree that Pica shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on our Site. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.

9 DISCLAIMER OF WARRANTY. ACCESS TO THE SERVICES AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Pica AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER Pica NOR ITS LICENSORS WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES Pica AND ITS LICENSORS MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF SERVICES AND YOUR RELIANCE UPON THE CONTENT IS AT YOUR SOLE RISK. FURTHER, Pica AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SERVICES FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. NEITHER Pica NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM Pica OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10 LIMITATION OF LIABILITY. WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF Pica OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE Pica AND HOLD Pica AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OR LICENSORS, AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.

11 EXCLUSIVE REMEDY. IN THE EVENT OF ANY PROBLEM WITH THE SERVICES, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SERVICES. UNDER NO CIRCUMSTANCES SHALL Pica, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, ANY INFRINGEMENT BY THE CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY OF THE CONTENT. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

12 INDEMNIFICATION. You agree to indemnify, hold harmless, and defend Pica and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively “Indemnified Parties”) from and against any and all liability, loss, claim, damages, expense, or cost (including but not limited to attorneys’ fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to your use of the Services, or any breach or violation of these Terms of Use by you. You agree to fully cooperate as reasonably required by an Indemnified Party(ies). Each Indemnified Party may, at its own expense, assume the exclusive defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter without the consent of the applicable Indemnified Party.

13 CONFLICT. In the event of a conflict of any terms of this Agreement and the terms of your Creative Customer Agreement with Pica, the terms of your Creative Services Agreement with Pica shall govern.

14 COPYRIGHT COMPLAINT POLICY. If you believe that any Content infringes your copyrighted works, you may provide a notification of claimed copyright infringement to our Designated Agent for copyright complaints. Please see our Copyright Complaint Policy for further information.

15 MISCELLANEOUS. THE FORMATION, INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT AND ANY DISPUTES ARISING OUT OF IT SHALL BE GOVERNED BY THE SUBSTANTIVE AND PROCEDURAL LAWS OF THE COMMONWEALTH OF MASSACHUSETTS WITHOUT REGARD TO ITS RULES ON CONFLICTS OR CHOICE OF LAW AND, TO THE EXTENT APPLICABLE, THE LAWS OF THE UNITED STATES OF AMERICA. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You acknowledge that a violation or attempted violation of any of these Terms of Use will cause such damage to Pica as will be irreparable, the exact amount of which would be impossible to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Pica shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by Pica in obtaining such an injunction, including, without limitation, reasonable attorney’s fees. You agree that no bond or other security shall be required in connection with such injunction. In the event any of the terms or provisions of this Agreement are determined to be invalid, illegal or otherwise unenforceable, the same shall not affect the other terms or provisions hereof or the whole of this Agreement, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable. A waiver of or failure to insist on performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default whether of the same or similar nature.

Pica Design, LLC COPYRIGHT COMPLAINT NOTICE

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on this site, www.Pica.is (the “Site”) infringe your copyright, you (or your agent) may send Pica Design, LLC (“Pica,” “we,” “us,” “our”) a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright.

In accordance with the DMCA, Pica has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to our designated agent as follows:

Agent: Office Manager

Address: PO Box 225, Belfast, ME 04915

E-mail: info@pica.is

Please note: If you materially misrepresent that online material, product, or activity is infringing your copyrights, you may be liable for damages (including court costs and attorneys’ fees) and could be subject to criminal prosecution for perjury. We suggest that you consult your legal advisor before filing a notice or counter-notice.

In accordance with the DMCA and other applicable law, we shall, in appropriate circumstances, terminate access, in our sole discretion, of any user that we find to be a repeat infringer of the copyrights of others. We may also, in our sole discretion, limit or fully terminate access to the Site of any registered user infringing the intellectual property rights of others, regardless of whether such registered user is a repeat offender or not.