PENNYOWL PRIVACY POLICY

Effective May 31st, 2015

United States

Your privacy is important to us. Please read this Privacy Policy carefully before using the PennyOwl Service so that you understand our privacy practices.

The purpose of this Privacy Policy is to let you know how we collect, use, share and protect information about you. It also provides information about how you can access and update your information and make certain choices about how your information is used. This Privacy Policy applies to “you”, meaning all members of your family using the PennyOwl Service. All terms not defined in the Privacy Policy have the meaning as defined in the Terms of Service.

The Privacy Policy applies to your use of all “online” products and services (including our website and mobile applications) and “offline” products and services (including data collected through mailings, telephone, and in person) owned, operated, provided, or made available by PennyOwl Corporation (“PennyOwl”, the “Company”, “we”, “our”, or “us”). Our “online” and “offline” activities are collectively referenced as the “Services” or “Service.”

BY USING OUR SERVICES OR BY OTHERWISE GIVING US YOUR INFORMATION, YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY. If you do not agree to this Privacy Policy, please do not use any of our Services or give us any of your information.

If you have questions about this Privacy Policy, please contact us at privacy@PennyOwl.com.

TABLE OF CONTENTS

  1. What Information Do We Collect?
    1. Information You Provide To Us
    2. Information We Collect As You Access And Use Our Services
    3. Information Collected by Mobile Applications
    4. Information You Provide About A Third Party
  2. How Do We Use The Information Collected?
  3. Children’s Privacy and Parental Controls
  4. How and When Do We Disclose Information to Third Parties?
    1. Third Parties Providing Services on Our Behalf
    2. Administrative and Legal Reasons
    3. Business Transfer
  5. How Do I Change My Information and What If I Cancel My Account?
  6. What About Security?
  7. What About Changes To The Privacy Policy?
  8. Your California Privacy Rights
  9. Contacting Us

1. What Information Do We Collect?

a. Information You Provide To Us

To use our Services, we require that you provide us with certain categories of information such as personal information, which is information that could reasonably be used to identify you personally, such as your name or e-mail address (“Personal Information”). We collect this information in various places, such as during account registration or when you otherwise interact with us.

When you sign up to use the Services, you are required to provide certain information, including name, email, gender, and age. Given the nature of our Services, it is expected that once you create an account, you will choose to add at least one child to the account. When you add a child to your account, you are required to provide certain information about the child, such as their name, year of birth, and gender. Note that only adults are permitted to create an account on behalf of themselves and their family. We never ask children for any Personal Information.

If you wish to purchase an item through our Service, you will also be required to provide us with an address and with details of a payment method, such as a credit card.

Children can use our Service to create a wish-list of items that they like from our child-friendly store. There are no community or social features available in our Services, such as connecting with friends, messaging, or sharing of user-generated content. Only the child who created the wish-list, and their parent, can view the child’s wish-list.

Adults can also send feedback via the Provide Feedback feature of the Service. Children do not have access to this feature.

b. Information We Collect As You Access And Use Our Services

In addition to any Personal Information or other information that you choose to submit to us, we and our third-party service providers use a variety of technologies that collect certain information whenever you visit or interact with the Services (“Usage Information”). This Usage Information includes data such as the browser that you are using, the URL that referred you to our Services, and the areas within our Services that you visit.

In addition, we collect your IP address or other unique identifier (“Device Identifier”) for your computer, mobile or other device used to access the Services (any, a “Device”). Our computers identify your Device by its Device Identifier.

Whenever we associate Usage Information or a Device Identifier with your Personal Information, we will treat it as Personal Information.

A few of the methods that we may use to collect Usage Information include, without limitation, the following:

Cookies. A cookie is a data file placed on a Device when it is used to access the Services. Cookies may be used for many purposes, including, without limitation, remembering you and your preferences and tracking your visits to our web pages. Cookies work by assigning a number to the user that has no meaning outside of the assigning website.

If you do not want information to be collected through the use of cookies, your browser allows you to deny or accept the use of cookies. Cookies can be disabled or controlled by setting a preference within your web browser or on your Device.

You should be aware that the Company cannot control the use of cookies (or the resulting information) by third- parties, and use of third party cookies is not covered by our Privacy Policy.

Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Services, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Services, and is deactivated or deleted thereafter.

c. Information Collected by Mobile Applications

Our Services are primarily provided through an application on your mobile, tablet computer or similar device (“Mobile Application”). You agree that we may collect and use technical data and related information, including but not limited to, technical information about your device, system and application software, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to such Mobile Applications.

When you use any of our Mobile Applications, the Mobile Application may automatically collect and store some or all of the following information from your mobile device (“Mobile Device Information”), including without limitation:

  • A unique identifier assigned to your mobile device – such as the International Mobile Equipment Identity or the Mobile Equipment ID number
  • The manufacturer and model of your mobile device
  • Your mobile operating system
  • Information to allow us to personalize the services and content available through the Mobile Application
  • Information about how you interact with the Mobile Application, such as how many times you use a specific part of the mobile application over a given time period, the amount of time you spend using the Mobile Application, and how often you use the Mobile Application

Whenever we associate Mobile Device Information or a Device Identifier with your Personal Information, we will treat it as Personal Information.

d. Information You Provide About A Third Party

If you choose to use our referral feature to tell a friend about our Services, we will ask you for your friend’s email address. We will automatically send your friend a one-time email inviting him or her to visit the Services. We store this information for the sole purpose of tracking the success of our referral program, and do not use this information for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use any send-to-a-friend functionality through our Services, your e-mail address may be included in the communication sent to your friend.

2. How Do We Use The Information Collected?

Our primary goal in collecting your Personal information, Usage Information, and Mobile Device information is to provide you with an enhanced experience when using the Services.

Based upon the Personal Information you provide us when registering for an account, we may send you a series of emails to familiarize you with our Services. We will also use it to communicate with you in response to your inquiries, to provide the services you request, and to manage your account.

We may send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our Services are temporarily unavailable, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.

We may use Mobile Device Information in various ways, such as the following:

  • To serve you the correct app version depending on your device type;
  • To operate and improve our Services and tools;
  • To determine which Mobile Application features are most popular and useful to users, and for other statistical analyses;
  • To customize the content or services on the Mobile Application for you, or the communications sent to you through the Mobile Application;
  • To prevent, discover and investigate violations of this Privacy Policy or any applicable terms of service or terms of use for the Mobile Application, and to investigate fraud, chargeback or other matters.

The credit card information you provide is not stored by us, but is stored securely by our third party credit card processors in order for them to process payments for services received by you.

In addition, we may use the information that we collect about you: (1) to provide you with information, to send you electronic newsletters, or to provide you with special offers on behalf of us or third parties; (2) to process your registration with the Services, including verifying your information is active and valid; (3) to improve the Services, to customize your experience with the Services, or to serve you specific content that is most relevant to you; (4) to enable you to participate in a variety of the Services’ features; (5) to contact you with regard to your use of the Services and, in our discretion, changes to the Services and/or the Services’ policies; (6) for internal business purposes; (7) for inclusion in our data analytics; and (8) for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.

Please note that information submitted to the Services via a “contact us” or other similar function may not receive a response.

3. Children’s Privacy and Parental Controls

The Company is committed to protecting the privacy needs of children. While our Services are in some ways directed toward minors, no one under 18 (and certainly no children under 13) are allowed to register for the Services. We do not knowingly collect personal information from anyone under the age of 18. If we discover that we have collected personal information from a person under 18, we will delete that information immediately. If you are a parent or guardian of a minor under the age of eighteen (18) and believe he or she has disclosed Personal Information to us, please contact us at support@pennyowl.com.

We provide parents with all the necessary tools within the Service to ensure their child’s privacy. Specifically, our Mobile Application provide the parent with the following controls:

  • Add their child to the family account
  • Remove their child from the family account
  • Access their child’s account details, such as balances, wish-list, and transaction history
  • View and edit personal information associated with their child’s account, such as child name or year of birth
  • Control child account settings such as allowance amount and purchase limits

4. How and When Do We Disclose Information to Third Parties?

We may share non-personally identifiable information, such as aggregated user statistics and log data, with third parties for industry analysis, or for other business purposes.

We do not sell, share, rent or trade the information we have collected about you, including Personal Information, other than as disclosed within this Privacy Policy or at the time you provide your information. We do not share your Personal Information with third parties for those third parties’ direct marketing purposes. We do not use any information for the purpose of re-marketing to children.

a. Third Parties Providing Services on Our Behalf

While the Service is owned and operated by us, we rely on certain third-party companies to assist in the operation of the Service, such as for payment processing, to host and manage our infrastructure, for fulfillment and shipment, and for web and mobile analytics.

To the extent a third-party service provider needs to access your information in order to perform services to us, we share your information with that provider. This information sharing is limited to only the information needed by the vendor to carry out the services they are performing for you or for us. Each of these vendors is obligated not to disclose or use Personal Information for any other purpose.

We use third party analytics service providers to help us operate and improve our Services. We do not share Personal Information with these analytics service providers.

b. Administrative and Legal Reasons

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. Thus, we may access, use, preserve, transfer and disclose your information (including Personal Information), including disclosure to third parties such as government or law enforcement officials or private parties as we reasonably determine is necessary and appropriate: (i) to satisfy any applicable law, regulation, subpoenas, governmental requests or legal process; (ii) to protect and/or defend the End User License Agreement for online and mobile Services or other policies applicable to any online and mobile Services, including investigation of potential violations thereof; (iii) to protect the safety, rights, property or security of the Company, our Services or any third party; (iv) to protect the safety of the public for any reason; (v) to detect, prevent or otherwise address fraud, security or technical issues; and /or (vi) to prevent or stop activity we may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity. Further, we may use IP address or other Device Identifiers, to identify users, and may do so in cooperation with third parties such as internet service providers, wireless service providers and/or law enforcement agencies, including disclosing such information to third parties, all in our discretion. Such disclosures may be carried out without notice to you.

c. Business Transfer

We may share your information, including your Personal Information and Usage Information with our parent, subsidiaries and affiliates for internal reasons. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Services or applicable database; or (ii) in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our membership interests and/or assets or other corporate change, including, during the course of any due diligence process.

5. How Do I Change My Information and What If I Cancel My Account?

You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. If your Personal Information changes, or if you no longer desire our Services, you may correct, delete inaccuracies, or amend information by making the change within our Mobile Applications or by contacting us through support@pennyowl.com. We will make good faith efforts to make requested changes as soon as is reasonably practicable.

You may cancel or modify your email communication preferences by following the instructions contained within e-mails received from the Services.

If you wish to cancel your account or request that we no longer use your information to provide you services, contact us through support@pennyowl.com

We will retain your Personal Information and Usage Information for as long as your account with the Services is active and as needed to provide you services. Even after your account is terminated, we will retain your Personal Information and Usage Information as needed to comply with our legal and regulatory obligations, resolve disputes, conclude any activities related to cancellation of an account (such as addressing chargebacks from your credit card companies), investigate or prevent fraud and other inappropriate activity, to enforce our agreements, and for other business reasons.

6. What About Security?

The Personal Information and Usage Information we collect is securely stored within our databases, and we use standard, industry-wide, commercially reasonable security practices such as encryption, firewalls and SSL (Secure Socket Layers) for protecting your information – such as your account password, or any portions of your credit card number which we retain (we do not ourselves retain your entire credit card information). However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the Internet or wireless communication, and any information you transmit to the Company you do at your own risk. We recommend that you not disclose your password to anyone.

7. What About Changes To The Privacy Policy?

From time to time, we may update this Privacy Policy to reflect changes to our information practices. Any changes will be effective immediately upon the posting of the revised Privacy Policy. If we make any material changes, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on the Services prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

8. Your California Privacy Rights

California’s “Shine the Light” law, California Civil Code § 1798.83, requires certain businesses to respond to requests from California customers (those who have an established business relationship with us) asking about the business’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes unless the customer first affirmatively agrees to the disclosure (opt-in) or if the customer has exercised an option to opt-out of such information-sharing (opt-out).

We do not share personal information of customers to third parties for the third parties’ direct marketing.

9. Contacting Us

If you have any questions about this Privacy Policy or our data practices, please contact us through one of the following means:

Via email at support@pennyowl.com

Via mail at PennyOwl Corp., 54 W 40th Street, New York, NY 10018

Or via phone at 1-877-422-OWLS