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 Personal 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 review our Employee Privacy Policy. This Privacy Policy also does not apply to our collection, use, or disclosure of Personal Information (as defined below) in performing data processing services on behalf of our clients (collectively, “Clients”).

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 or which is capable of being associated with you (“Personal Information):

  • Identifiers such as name, user ID, password, email address, phone number, billing address, social security number, driver’s license number, Federal Employee Identification Number
  • Commercial Information such as inquiries about or history of purchases of our products and services, payment information including credit card number, vehicle information number
  • Internet or Other Electronic Network Activity Information such as the URL of the website you visited, website visitor preferences
  • Audio, Electronic, Visual, Thermal, Olfactory, or Similar Information such as call recordings, chat/text message transcripts, and video recordings of your interactions with our websites and services
  • Professional or Employment-Related Information such as job title, employer/company name, professional licensure
  • Personal Information as Described in Cal. Civ. Code § 1798.80(e) only to the extent collected in an above category

Some of the Personal Information listed above may be considered sensitive under relevant privacy laws (“Sensitive Personal Information”). This includes social security number and account access credentials (user ID and password). Each type of Sensitive Personal Information may overlap with a category of Personal Information listed above.

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 from your browser or mobile device to you it is considered Personally Information under the categories of Identifiers or Internet or Other Electronic Network Activity as appropriate.

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 other 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 as analytics, accounting, forecasting, and meeting our contractual obligations.
  • Assert legal rights and defend against legal claims.
  • 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.

We may use Sensitive Personal Information to facilitate your access to our products and services and process transactions requested by you. We do not sell Sensitive Personal Information or share Sensitive Personal Information for cross-context behavioral advertising purposes.

Accessing, Editing and Removing Your Information

In certain cases, you may be able to review and edit the Personal Information you have provided to us by logging into your account on our websites and editing your 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. 

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

Service Providers

We may establish a relationship with other businesses to provide services to us which may include corporate affiliates (“Service Providers”), including, but not limited for:

  • Payment processing;
  • Facilitating marketing and non-marketing communications;
  • Marketing design and development;
  • Business analytics (both marketing and non-marketing related);
  • IT and network administration such as data storage and management,
    website hosting, and data security;
  • Professional services such as legal and accounting;
  • Obtaining legal records;
  • Collection of accounts; and
  • Day-to-day business operations such as courier services, facilities management, and document destruction.

We only provide our Service Providers with the information necessary for them to perform these services on our behalf. Each Service Provider is expected to use reasonable security measures appropriate to the nature of the information involved to protect your Personal Information from unauthorized access, use, or disclosure. Service Providers are prohibited from using Personal Information other than as specified by us.

In the past twelve months, we have disclosed each category of Personal Information we collect (listed above) to one or more Service Providers.

With the continued use of our websites, products, or services, you grant the Service Providers 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 Service Providers, 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.

Communication Capture by Service Providers

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.

Third-Party Disclosures

We may share your Personal Information with other companies who do not provide services to us (“Third Parties”). When we use the word “share” in this Privacy Policy, we mean sharing solely for targeted or cross-context behavioral advertising purposes. In the past twelve months we have shared Personal Information as follows:

Category of Third Party

Ad networks & ad technology providers including, but not limited to, social media companies and search engine providers

Sale or Sharing (for targeted or cross-context behavioral advertising)

Sharing
Purpose of Sale or Sharing

To facilitate our advertising of our products and services

Categories of Personal Information Sold or Shared

Identifiers; Commercial Information; Internet or Other Electronic Network Activity Information; Personal Information Described in Cal. Civ. Code § 1798.80(e).

Category of Third Party

Sale or Sharing (for targeted or cross-context behavioral advertising)

Purpose of Sale or Sharing

Categories of Personal Information Sold or Shared

Ad networks & ad technology providers including, but not limited to, social media companies and search engine providers

Sharing

To facilitate our advertising of our products and services

Identifiers; Commercial Information; Internet or Other Electronic Network Activity Information; Personal Information Described in Cal. Civ. Code § 1798.80(e).

We do now knowingly sell or share the Personal Information of individuals under the age of 16 to Third Parties. We do not sell Personal Information.

Additionally, we may disclose Personal Information to Third Parties for a business purpose that does not constitute a sale or sharing of that Personal Information.

For example, we cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose Personal Information and any other information about you to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate to respond to legal requests (including court orders, investigative demands and subpoenas, and national security or law enforcement requests), to protect the safety, property, or rights of ourselves, consumers, or any other third party, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with law. You authorize us to make such disclosures and 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.

We may also disclose Personal Information and Usage Data 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 Personal Information and Usage Data in connection with such transaction.

In the past twelve months, we have disclosed the following categories of Personal Information to Third Parties for a business purpose that is not a sale or sharing of Personal Information:

Third Party Categories
Personal Information Categories
Government Agencies and Courts
None in prior 12 months.
Parties to Litigation
None in prior 12 months.

Parties to a potential or actual transaction involving the merger or acquisition of our business or substantially all of our business

None in prior 12 months.

If you direct us to disclose your Personal Information to a Third Party, we may, in our sole discretion and in accordance with applicable law, follow your instruction.

Security Measures

We have implemented reasonable security mechanisms to protect Personal Information that may be maintained on our servers from loss, misuse and unauthorized access, 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 Service Providers 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 Towards Children

Our websites, products, and services are not directed to children under 16. We do not knowingly collect Personal Information from children under 16. If you are under 16, 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 Personal Information, please contact us at privacy@boldpenguin.com. If we become aware that a child under 16 has provided us with Personal Information, we will delete such information from our servers.

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.

California Consumer Rights

If you are a resident of California, you have additional rights to access and control your Personal Information as more fully explained below. Exemptions may apply. 

We are unable to act upon a request submitted to us relating to Personal Information we process on behalf of a Client unless directed to do so by the Client. If you submit a request related to Personal Information we process on behalf of a Client, we will inform you of the identity of the applicable Client so that you may submit your request directly to them or we will inform the Client of your request and ask for their direction.

Right to Know

You have the right to request twice per 12-month period that we disclose to you certain information about our collection, use, disclosure, and sale of your Personal Information over the past 12 months, including: (i) the categories or specific pieces of Personal Information we collected about you; (ii) the categories of sources from which your Personal Information was collected; (iii) the business or commercial purpose(s) for which we collected your Personal Information; (iv) the categories of Third Parties with whom we shared your Personal Information; (v) the categories of Third Parties to whom we sold your Personal Information; and (vi) our business or commercial purposes for selling/sharing Personal Information. 

We are not permitted to provide access to specific pieces of Personal Information if the Personal Information is sensitive or creates a high risk of potential harm from disclosure to an unauthorized person such as financial information, social security numbers, and driver's license numbers. We will not provide specific pieces of Personal Information unless you expressly request them.

Right to Deletion

You have the right to request that we delete any Personal Information we have collected about you. Please understand that we are not required to honor a deletion request if a legal exemption applies such as if we need the information to complete a requested or reasonably anticipated transaction, prevent security incidents or fraud, or comply with legal obligations.

Right to Correct

You have the right to request that we correct inaccurate Personal Information we maintain about you. After you request to correct inaccurate Personal Information, we will provide instructions explaining how to provide us with optional documentation to support your request. If you provide documentation, we will consider it. 

We may decline to correct your Personal Information if we determine based on the totality of the circumstances that your Personal Information on file is more likely than not accurate. We may also decline to correct your Personal Information if we determine that your request is fraudulent or abusive. If your request to correct your Personal Information is denied, you may request that we note in our records and notify any Service Providers and Third Parties to whom we disclosed your allegedly inaccurate Personal Information that its accuracy has been disputed. 

We may decide to delete your allegedly inaccurate Personal Information instead of correcting it. 

Right to Opt Out of the Sale or Sharing of Personal Information

You have the right to request that we do not sell or share your Personal Information to others. Please note that opting out of the sale or sharing of Personal Information will not impact any sale or sharing of your Personal Information that may have occurred prior to the date of your opt-out request.

We will recognize browser-based opt-out signals as required by law, specifically Global Privacy Control. If we receive an opt-out signal and are able to identify the consumer to whom the signal relates, we will treat the signal as a request to opt out of the sale or sharing of all Personal Information we have on file for the consumer and disable cookies and other tracking tools placed by Third Parties. If we receive an opt-out signal and are not able to identify the consumer to whom the signal relates, we will treat the signal as a request to opt out limited to the Personal Information we collect from the consumer during the online session during which the signal is present and to disable cookies and other tracking tools placed by Third Parties.

Submitting a Consumer Rights Request

You may submit your request(s) by calling us toll-free at 888-949-6778 or by using our online submission form.

After you submit your request, we may contact you to obtain additional information necessary to verify your identity. For example, we may require you to verify certain information in our files or submit a signed declaration under penalty of perjury verifying your identity. We will not process Right to Know, Deletion, or Correction requests without verifying your identity, so please respond promptly. If you do not timely respond to our requests for information, we may deny your request.

We will process verified Right to Know, Right to Correct, and Right to Deletion requests within 45 days of receipt, subject to any applicable exemptions and extensions permitted by law up to 90 days. If you have an online account with us, we will provide the response to your request via the online account, otherwise, we will give you the option to choose between mail and electronic delivery. We will retain a copy of your request for at least two years as required by law.We will process requests to opt out of the sale or sharing of Personal Information within 15 business days of receipt.

Authorized Agents

If you are an authorized agent submitting a request for a California resident, you must provide a written authorization from the consumer (along with proof of your identity) or a copy of a lawful power of attorney.
You may provide this documentation via email at privacy@boldpenguin.com after submitting the request. We may contact you or the consumer on whose behalf you claim to act to verify your authorization.

Non-Discrimination Notice

We will not discriminate against any consumer for exercising their privacy rights under law or this Privacy Policy.

Record Retention

We retain your Personal Information for as long as we have a relationship with you. We also retain your Personal 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 privacy@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: 5/15/2024