FIND YOUR PENGUIN
2. Children's Privacy
The Site and Services are intended for users who are 18 years old or older. Furthermore, we do not knowingly collect Personal Information from persons under the age of 13. If we become aware that we have inadvertently received Personal Information from a person under the age of 13, we will delete such information from our records.
How We Collect Information
3. Information You Provide To Us
We collect information you provide directly to us, such as when you request information, create or modify your personal account, request Services, complete a Find Your Penguin form or application, contact customer support, or otherwise communicate with us. This information may include: name,age, gender,photograph, email, phone number, postal address, and other information you choose to provide.
4. Information We Collect Through Your Use of Our Services
The following are situations in which you may provide Your Information to us:
a. When you fill out forms or fields through our Services;
b. When you sign up for any newsletters or other materials through our Services;
c. When you provide information to us through a third-party application, service or Website;
d. When you communicate with us or request information about us or our Services, whether via email or other means;
e. When you participate in online surveys;
f. When you participate in any of our marketing initiatives, including, contests, events, or promotions; and
g. When you participate in forums, reviews or provide user generated content or submissions.
h. We may also automatically collect information via the Website or App through the use of various technologies, including cookies and pixel tags. We may collect IP address, browsing behavior and device IDs. This information is used by us in order to enable us to better understand how our Services are being used by visitors and allows us to administer and customize the Services to improve your overall experience.
5. Information Third Parties Provide
We may collect information about you from sources other than you, such as from social media websites (i.e., Facebook, LinkedIn, Twitter or others), blogs, other users and our business partners.
6. Location Information
When you use the Services we may collect your precise location data. We may also derive your approximate location from your IP address.
7. Device Information
When you use our Services through your computer, mobile phone or other device, we may collect information regarding and related to your device, such as hardware models and IDs, device type, operating system version, the request type, the content of your request and basic usage information about your use of our Services, such as date and time. In addition, we may collect information regarding application-level events and associate that with your account to provide customer service. We may also collect and store information locally on your device using mechanisms such as browser web storage and application data caches.
8. Call and SMS Data
In connection with providing Service, we may receive call data, including the date and time of the call or SMS message, the parties phone numbers, and the content of the SMS message.
9. Log Information
When you interact with the Services, we collect server logs, which may include information like device IP address, access dates and times, App features or pages viewed, App crashes and other system activity, type of browser, and the third-party Site or service you were using before interacting with our Services.
10. Usage, Behavior and Preference Information
11. Information We Collect From Other Sources
We may also receive information from other sources and combine that with information we collect through our Services. For example if you choose to link, create, or log in to your Find Your Penguin account with a social media service, e.g. Facebook, or a payment provider, e.g. Google Wallet, or if you engage with a separate App or Website that uses our API, or whose API we use, we may receive information about you or your connections from that Site or App.
12. Log Files, Cookies and Anonymous Identifiers
b. Technologies such as cookies, beacons, tags and scripts are used by us and our partners, affiliates, advertisers, analytics teams, or service providers. These technologies are used in analyzing trends, administering the Site, tracking user’s movements around the Site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
How We Protect Your Information
13. Protective Measures
We protect your information using commercially reasonable technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls. We cannot guarantee the security of our information storage, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet, including, without limitation, email transmissions.
How We Use Information
We will use this information in order to:
a. Provide users with customer support.
b. Contact you and provide you with information.
c. Analyze, improve and manage our Services and operations.
d. Resolve problems and disputes, and engage in other legal and security matters.
Additionally, we may use the information we collect about you to:
a. Send you communications we think will be of interest to you, including information about products, services, promotions, news, and events of Find Your Penguin and other companies, where permissible and according to local applicable laws.
b. Display advertising, including advertising that is targeted to you based on your location, interests, as well as your Find Your Penguin activities.
c. Verify your identity and prevent impersonation, spam or other unauthorized or illegal activity.
15. Sharing Of Information
i) withthird party Service Providers to enable them to provide the Services you request;
ii) with the general public if you submit content in a public forum, such as forum comments, social media posts, or other features of our Services that are viewable by the general public; and
iii) with third parties with whom you choose to let us share information, for example other Apps or Websites that integrate with our API or Services, or those with an API or Service with which we integrate.
b. We may disclose Your Information:
i) To any person who, in our reasonable judgment, is authorized to receive Your Information as your agent, including as a result of your business dealings with that person (for example, your attorney);
ii) To our third-party vendors and service providers so that they may provide support for our internal and business operations, including for the processing of payments, handling of data processing, data verification, data storage, surveys, research, internal marketing, delivery of promotional, marketing and transaction materials, and our Services maintenance and security. These companies are authorized to use Your Information only as necessary to provide these services to us and are contractually obligated to keep Your Information confidential;
iv) As required by law or ordered by a court, regulatory, or administrative agency;
v) As we deem necessary, in our sole discretion, if we believe that you are violating any applicable law, rule or regulation, or are otherwise interfering with another's rights or property, including, without limitation, our rights or property;
vi) If requested by authorities in the event of any act of terrorism or instance of local, regional or national emergency;
viii) To enforce or protect our rights.
16. Law Enforcement
a. Find Your Penguin is committed to cooperating with law enforcement while respecting each individual’s right to privacy. If Find Your Penguin receives a request for user account information from a government agency investigating criminal activity, we will review the request to be certain that it satisfies all legal requirements before releasing information to the requesting agency.
b. Furthermore, under 18 U.S.C. §§ 2702(b)(8) and 2702(c)(4) (Voluntary Disclosure Of Customer Communications or Records), Find Your Penguin may disclose user account information to law enforcement, without a subpoena, court order, or search warrant, in response to a valid emergency when we believe that doing so is necessary to prevent death or serious physical harm to someone. Find Your Penguin will not release more information than it prudently believes is necessary to prevent harm in an emergency situation.
17. Other Sharing
We may share your information with Find Your Penguin subsidiaries and affiliated entities that provide services or conduct data processing on our behalf, or for data centralization and/or logistics purposes; with affiliated entities that provide payment processing services on our behalf; with vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on our behalf; in response to a request for information by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process; with law enforcement officials, government authorities, or other third parties if we believe your actions are inconsistent with our User agreements, Terms and Conditions, Terms of Service, or policies, or to protect the rights, property, or safety of Find Your Penguin or others; in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company; if we otherwise notify you and you consent to the sharing; and in an aggregated and/or anonymized form which cannot reasonably be used to identify you.
18. Social Sharing Features
a. The Services may integrate with social sharing features and other related tools which let you share actions you take on our Services with other Apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them.
b. Any information or content that you voluntarily disclose for posting to the Service becomes available to the public, as controlled by any applicable privacy settings that you set. Once you have shared User Content or made it public, that User Content may be re-shared by others. If you remove information that you posted to the Service, copies may still remain viewable in cached and archived pages of the Service, or if other Users or third parties, using the Service, have re-shared, copied or saved that User Content.
19. Analytics and Advertising Services Provided By Others
20. Links to Third-Party Websites
21. Do Not Track
22. International Privacy Practices
Find Your Penguinis primarily operated and managed on servers located and operated within the United States. In order to provide our products and services to you, we may send and store your personal information outside of the country where you reside or are located, including to the United States. Accordingly, if you reside or are located outside of the United States, your personal information may be transferred outside of the country where you reside or are located, including countries that may not or do not provide the same level of protection for your personal information. We are committed to protecting the privacy and confidentiality of personal information when it is transferred. If you reside or are located within the European Economic Area and such transfers occur, we take appropriate steps to provide the same level of protection for the processing carried out in any such countries as you would have within the European Economic Area to the extent feasible under applicable law. By using and accessing our products and services, users who reside or are located in countries outside of the United States agree and consent to the transfer to and processing of personal information on servers located outside of the country where they reside, and that the protection of such information may be different than required under the laws of their residence or location.
23. Account Information
You may correct your account information at any time by logging into your online account. If you wish to cancel your account, please email us firstname.lastname@example.org Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if you have a standing credit or debit on your account, or if we believe you have committed fraud or violated our Terms of Service, we may seek to resolve the issue before deleting your information.
24. Access Rights
Find Your Penguin will comply with individual’s requests regarding access, correction, and/or deletion of the personal data it stores in accordance with applicable law.
25. Promotional Information Opt Out
You may opt out of receiving promotional messages from us by following the instructions in those messages. If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations.
26. Your California Privacy Rights
California Civil Code Section 1798.83 entitles California customers to request information concerning whether a business has disclosed Personal Information to any third parties for their direct marketing purposes. California residents may request and obtain from us once a year, free of charge, information about the personal information, if any, we disclosed to third parties for direct marketing purposes within the immediately preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information within the immediately preceding calendar year.
If you are a California resident and would like to make such a request, please submit your request in writing to:email@example.com
28. Contact Us
Last updated: February 1, 2017