Privacy Policy

Introduction

Thank you for visiting boldpenguin.com. Please read our Terms & Conditions and this Privacy Policy carefully, as your use of websites, products or services maintained by Bold Penguin, Inc. (“Bold Penguin”, “we”, “us”) constitutes agreement to both. If you do not agree with either or all policies, immediately discontinue use of our websites, products, or services.

This Privacy Policy describes the privacy practices of Bold Penguin. It explains when and how we collect visitor or customer information, including Personally Identifiable Information, how such information is used, and the circumstances under which information may be disclosed to others. This Privacy Policy does not cover our collection, use, and disclosure of information related to employees or job applicants. If you have any questions about our privacy practices related to employees and job applicants, please contact us.

Contents

Information Collected

Use of Your Information

Accessing,Editing and Removing Your Information

Cookies

Third Party Websites

Third Party Access to Your Information

Release of Your Information for Legal Purposes

Commercial and Non-Commercial Communications

Security Measures

Our Policy Towards Children

Sale of Personally Identifiable Information

International Transfer

California "Do Not Track" Disclosure

Record Retention

Contact Us

Amendments

Information Collected

We may collect the following types of information from or about you or concerning your computer or device, which may include information that can itself be used to identify and contact you:

  • Unique Identifiers such as name, user ID, password
  • Contact Information such as email address, phone number, billing address
  • Commercial Information such as inquiries about or history of purchases of our products and services, payment information including credit card number
  • Internet and Network Information such as the URL of the website you visited, website visitor preferences

We may also receive certain information that may be provided by your browser or mobile device, including:

  • Browser Information
  • Operating System Information
  • Mobile Device Information (e.g., device identifier, mobile operating system, etc.)
  • IP Address
  • Pages Accessed
  • Time of Visit
  • Time of Last Visit
  • Referring Site, Application, or Service, including the relevant Search Queries that led you to Bold Penguin’ website

When we can reasonably link the information we collect with an identified or identifiable person, it is considered “Personally Identifiable Information”.

Use of Your Information

We may use your information to:

  • Enhance or improve the functionality of websites, products, or services.
  • Process transactions.
  • Send email messages and updates about Bold Penguin websites, products and services, including requests for your agreement on policies such as this Privacy Policy and our Terms & Conditions.
  • Send commercial email messages and engage in other marketing about our websites, products or services, and respond to inquiries.
  • Comply with legal obligations and enforce our legal rights and the legal rights of others.
  • Perform day-to-day business functions such analytics, accounting, forecasting, and meeting our contractual obligations.
  • Perform any other function that we believe in good faith is necessary to protect the security or proper functioning of our websites, products, or services.

Accessing, Editing, and Removing Your Information

In certain cases, users may be able to review and edit the personal information they have provided to us by logging into their account on our websites andediting their account preferences and information. Although many account changes occur immediately, information may still be stored in your web browser cache. We take no responsibility for stored information in your cache, or locations not readily visible, and disclaim all liability as such. Also, Bold Penguin may, from time to time, retain residual information about you in our backup and/or user database.

Cookies

We use cookies to remember your preferences and to assist with our website analytics and advertising activities. If you disable cookies in your browser, our websites and services may not work properly and we disclaim all liability for nonperformance or errors resulting from disabled cookies. You hereby acknowledge that we have informed you of our use of cookies and that you consent to our use of cookies in relation to your computer system.

Third Party Websites

Websites, products, and services maintained by us may contain links to third party websites, products, or services. These third-party websites are not screened for privacy or security by Bold Penguin, and you release us from any liability for the conduct of these third-party websites.

We have no responsibility for the information collected or used by any third-party website, including those containing advertising or solicitation requests.Please review the privacy policy and terms of service for each site you visit through third party links.

Third Party Access to Your Information

We use third party individuals and organizations, such as contractors, web hosting providers, payment processors, advertising agencies, analytics companies, and others, to assist us with the collection, interpretation and use of visitor or customer data.

In the course of provisioning or maintaining our website, products or services, or in the course of performing our day-to-day business functions, we may delegate to third parties the authority to collect, access, use, and disseminate your information. For example, our web hosting provider stores the information that you provide us, we may hire outside contractors to perform maintenance or assist us in securing our website, and we may use third party payment processors.

With the continued use of our websites, products, or services, you grant the third parties we may use in the course of our business the same rights that you afford us under this Privacy Policy. You further agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong.

We may also disclose your information to businesses controlling, controlled by, or under common control with us. If we are merged, acquired, or sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer your information in connection with such transaction.

Release of Your Information for Legal Purposes

At times it may become necessary or desirable for us to release your information for legal purposes, such as in response to a request from a government agency or a private litigant. You agree that we may disclose your information to a third party where we believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to challenge the subpoena, or we may attempt to challenge it ourselves, but we are not obligated to do either. We may also proactively report you, and release your information to, third parties where we believe that it is prudent to do so for legal reasons, such as our belief that you may have engaged in fraudulent activities. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants.

Commercial and Non-Commercial Communications

By providing your contact information to us, you agree to receive communications from us and waive all rights to file complaints concerning unsolicited email messages from us or anyone else covered under this Privacy Policy. However, you may discontinue receiving certain commercial email communications by notifying us you no longer wish to receive solicitations or information other than for account management purposes. Upon receipt of your request, we will endeavor to remove you from our contact database.

Security Measures

We have implemented reasonable security mechanisms to protect customer and visitor data that may be maintained on our servers from loss, misuse and unauthorizedaccess, disclosure, alteration and destruction. Examples of these security mechanisms include limited and password-protected access, high security public/private keys, encryption on processed data, and SSL encryption to protect transmission of data. When we contract with third parties to store or process customer and visitor data, we require that they implement reasonable security measures in compliance with applicable laws.

Please keep in mind that no security system is totally impenetrable. Despite our best efforts, it may be possible for third parties to intercept or access information.We cannot guarantee the security of your information and you agree to not hold us responsible for unauthorized access.

Our Policy Toward Children

Our websites, products, and services are not directed to children under 13. We do not knowingly collect Personally Identifiable Information from children under 13. If you are under 13, do not attempt to register or send any information about yourself to us, including your name, address, telephone number, or email address. If a parent or guardian becomes aware that a child has provided us with Personally Identifiable Information, please contact us athello@boldpenguin.com. If we become aware that a child under 13 has provided us with Personally Identifiable Information, we will delete such information from our servers.

Sale of Personally Identifiable Information

Bold Penguin does not sell Personally Identifiable Information of its website visitors and customers to third parties for those third parties’ direct marketing purposes.

International Transfer

Your information may be transferred to—and maintained on—computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, we will transfer your Personal Information to the United States and process it there and in other jurisdictions of our choosing. Your awareness of this Privacy Policy, your submission of such information, and continued use of our websites, products, and services represents your agreement to that transfer.

California “Do Not Track”Disclosure

“Do Not Track” is a web browser privacy preference that causes the web browser to broadcast a signal to websites requesting that a user’s activity not be tracked. Currently, our websites do not respond to “Do Not Track” signals.

Record Retention

We retain your Personally Identifiable Information for as long as we have a relationship with you. We also retain your Personally Identifiable Information for a period of time after our relationship with you has ended where there is an ongoing business need to retain it. This includes retention to comply with our legal, regulatory, tax,and/or accounting obligations.

Contact Us

If you have any questions about this Privacy Policy or our privacy practices, please contact us at hello@boldpenguin.com.

Amendments

We may update this Privacy Policy from time to time without prior notice. When we make material changes this policy, we may choose, but are not required, to notify you by email message and ask you to accept the changes.  But in any event, we will publish notice of any such material changes on our website, and the continued use of our website, product or service will constitute your acceptance of those changes.

Last Modified: 3/29/2022