Leadership

* Document Purpose and Outline
This document outlines the main uses, stipulations for usage, and conditions of privacy regarding any/all personal information collected or provided in the course of using PenguinSmart (“we” or "us" or "our" ) products and/or services. Your trust is extremely important to us, and we know the importance of safeguarding personal information. Therefore we take all the appropriate security measures required by Federal and State laws and regulations to protect your personal information. To this end, PenguinSmart hereby offers this Privacy Policy (“this policy/this privacy policy/the policy”). This policy applies to all PenguinSmart products and/or services provided.
Before using our products or services, please read this policy carefully, especially any bold or underlined terms. After carefully reading through, please acknowledge and confirm your full understanding and consent. If you have any questions, comments or suggestions on the content of this policy, you can contact PenguinSmart via email at Info@mypenguinsmart.com.

* Definitions and Terminology
Ⅰ Personal Information:
refers to any/all kinds of information that can identify the individual, either through personally identifiable information specific to the individual, or any information that reflects the activities of a specific individual, whether alone or in combination with other information.
Ⅱ Sensitive Personal Information:
refers to any/all kinds of information, including medical information for children 16 years or younger.
Ⅲ Deletion of Personal Information:
refers to the act of purging all Personal Information and/or Sensitive Personal Information from all systems involved in the performing of daily business functions, to the point at which it cannot be in any way retrieved, accessed or viewed again.

* Contents of This Privacy Policy
This privacy policy section will help you understand the following:
Ⅰ How we collect and use your information
Ⅱ How do we use cookies
Ⅲ How do we share, transfer and publicly disclose your information
Ⅳ How do we protect your information
Ⅴ How do you manage your information
Ⅵ How do we handle minors’ information
Ⅶ How do we handle updates to this privacy policy
Ⅷ How to contact PenguinSmart

Section 1: How we collect and use your information
In the course of using PenguinSmart products and/or services, we may need to collect and use your personal information in order to provide you with the best possible products and services. In addition, we may launch new or optimized features from time to time that may require an additional collection of your personal information, or change the method or purpose of using your personal information. In this event, we will explain to you the intended use of any new information collected by updating this policy, and provide you with the ability to opt in or out of the new collection methods or usage. Only after obtaining your express written consent will we collect or use any new personal information. Any questions regarding the change in scope or methodology can be addressed by reaching us through the contact methods provided by this policy in Section 8: How to contact PenguinSmart.
In addition to your own personal information, in the course of providing certain PenguinSmart products and/or services we may need to collect the information of minor children under your supervision. In this event, we will also obtain the express written consent of the relevant parent or guardian, and provide clear explanations as to the scope and intended use of any Sensitive Personal Information collected of minors under your supervision.
Personal information may be collected and employed for the following purposes including, but not limited to:
Ⅰ Registration
In order to register as a member and use our services, you will need to provide a full legal name, mailing address (country and city name only), contact phone number, email address and potentially other private information to create an account on our platform.
Ⅱ Order Completion and Checkout
Upon ordering PenguinSmart products and/or services, a purchase order will be generated through our system. You will need to provide a mailing address designated by your or an approved representative in order to receive the purchase order containing information on any goods and/or services purchased, specific invoice order number, time and date of order creation and the total amount paid. We collect this information to help you successfully review and record the transaction, protect transaction security, improve transparency and after-sales service, and other clearly stated purposes. In order to complete payment for the order, you will need to provide the necessary payment information, potentially including but not limited to, credit/debit card number, “valid through”date, or any online payment account information (e.g. Paypal, Zelle, etc.).
Ⅲ Evaluation Service
When using our evaluation service, in order to provide the best analysis to generate targeted development plans and activity lists, we will ask for personal information in the form of an online evaluation and a submitted video recording of your child. The video will be used solely for the purpose of assisting in an initial diagnostic, and generating targeted development plans and activity lists. Select footage may also be used for big data analytics or machine learning algorithms in order to improve our ability to provide services.
Ⅳ Customer Service
When contacting PenguinSmart for questions or issue resolution, in order to protect your account and personal information security we will ask you to provide the necessary personal information to verify your identity and membership. In order to ensure the quickest, most thorough customer service, we may save your contact information or call records with us including related content such as account information, order history, etc. This information will be used only for the purpose of resolving any questions or concerns as rapidly and thoroughly as possible. In the course of resolving any questions or concerns we may use any other information provided to PenguinSmart by you when contacting Customer Service.
Ⅴ Other
In the event your personal information should be used for any other purposes not explicitly stated in this policy, or for purposes not explicitly stated at the time of collection, or if personal information is obtained from a third party, obtaining your express written consent will precede any usage of your personal information for these new or not explicitly stated purposes.

ⅰ Exceptions for Obtaining Authorized Consent
You fully understand and agree that we collect and use your personal information in the following circumstances without your authorized consent, and we may not respond to your requests for correction/modification, deletion, cancellation, withdrawal of consent, and request for information:
1. Usage related to national security and national defense security.
2. Usage related to public safety, public health, and major public interests.
3. In connection with judicial or administrative law enforcement such as a criminal investigation, prosecution, trial and judgement execution.
4. In order to protect your or others life, property and other important legal rights and interests, but in a situation where it is difficult to obtain your consent in a timely manner.
5. Usage of personal information that has been previously disclosed.
6. Usage of personal information collected from legally, publicly disclosed sources, such as legal news reports, government information disclosures and other channels.
7. Collecting personal information necessary to sign and perform relevant agreements or other written documents with you.
8. Collecting personal information necessary for maintaining the safe and stable operation of the products and/or services provided, such as discovering and handling failures of products and/or services.
9. Necessary for legal news reporting.
10. When it is necessary for academic research institutions to conduct statistics or academic research based on public interest, and to provide the results of academic research or description externally, removing any personally identifiable traits from the personal information contained in the results.
11. Any other situations stipulated by Federal or State laws and regulations.
In accordance with applicable Federal and State laws, when processing personal information various technical measures will be undertaken to protect your information and ensure user cannot be identified, for example removing name and relevant personal information from a data set of a specific individual. We may conduct research to use the anonymized information in the following ways: statistical analysis and prediction used to improve our content and layout, to provide product or service support for business decisions, improve our products and services (including the use of anonymous data for machine learning or model algorithm training). In the event of such processing the use of personal information does not require that we notify you and obtain your consent.
ⅱ Cessation of Services
In the event of a cessation of PenguinSmart products or services being offered, collection of your personal information will also cease in a timely manner.

Section 2: How How do we use cookies?
To ensure the normal operation of the PenguinSmart website, provide you with an easier access experience, and recommend content that may be of interest to you, we store cookies, Flash cookies or other information provided from the browser (or associated applications) on your computer or mobile device. Other information provided usually includes identifiers such as site names, and local storage of some numbers and characters (collectively “Cookies”). With the help of cookies, the PenguinSmart website can store data such as your preferences or login methods. If your browser or browser add-on services allow it, you can control the extent to which you accept or reject our cookies. However, if you do so, be advised it may affect your ability to access our website under certain circumstances, and you may need to change user settings each time you visit our website. For more general details on what cookies are and how they are used, see AboutCookies.org.

Section 3: How do we share, transfer or publicly disclose your information
Ⅰ Share
We will not share your personal information with companies, organizations and individuals other than our service providers, except under the following circumstances:
ⅰ) Sharing under statutory circumstances: We may share your personal information externally in accordance with Federal and State laws and regulations, or in the course of litigation, dispute resolution, or as required by administrative and/or judicial authorities in accordance with the law.
ⅱ) Sharing with explicit consent: After obtaining your explicit consent, we may share your personal information with other parties.
ⅲ) Sharing with suppliers, service providers and other partners: We send information to suppliers, service providers and other partners who support our business functions. Their support includes technical infrastructure services such as best practices for using our service, measuring the effectiveness of the service, providing customer service, facilitating payment, or conducting academic research and surveys.
Ⅱ Transfer
We will not transfer your personal information to any company, organization or individual except under the following circumstances:
ⅰ) Transfer with explicit consent: After obtaining your explicit consent, we may transfer your personal information to other parties.
ⅱ) Interruption of Services: In the event of a merger, acquisition or bankruptcy, or other situations involving a merger, acquisition or bankruptcy liquidation, if the situation involves the transfer of personal information, we will ask the new company or organization holding your personal information to continue to be subject to this policy. Otherwise we will require the company, organization and individual to ask you for authorization again with a new, separate policy.
Ⅲ Public Disclosure
Disclosure of your personal information to the public may occur only in the following situations:
ⅰ) Disclosure with explicit consent: After obtaining your explicit consent, we may share your personal information with other parties.
ⅱ) If we determine that you have violated federal, state or international laws and regulations, or seriously violated the user agreement, or in order to protect the safety of the personal property of our users or the public from infringement, we may disclose personal information about you, according to laws and regulations or with your consent, including relevant violations and the actions we have taken against you.
Ⅳ Exceptions to prior authorization obtained when sharing, transferring, or publicly disclosing personal information
In the following situations, sharing, transferring, and publicly disclosing your personal information does not require your prior consent:
ⅰ) Usage related to national security and national defense security.
ⅱ) Usage related to public safety, public health, and major public interests.
ⅲ) In connection with judicial or administrative law enforcement such as a criminal investigation, prosecution, trial and judgement execution.
ⅳ) In order to protect your or others life, property and other important legal rights and interests, but in a situation where it is difficult to obtain your consent in a timely manner.
ⅴ) Usage of personal information that has been previously disclosed.
ⅵ) Usage of personal information collected from legally, publicly disclosed sources, such as legal news reports, government information disclosures and other channels.
ⅶ) Any other situations stipulated by Federal or State laws and regulations. In accordance with applicable Federal and State laws, when processing personal information various technical measures will be undertaken to protect your information and ensure user cannot be identified, for example removing name and relevant personal information from a data set of a specific individual. We may conduct research to use the anonymized information in the following ways: statistical analysis and prediction used to improve our content and layout, to provide product or service support for business decisions, improve our products and services (including the use of anonymous data for machine learning or model algorithm training). In the event of such processing the use of personal information does not require that we notify you and obtain your consent.

Section 4: How do we protect your information
We use certain technical means to protect your data in order to minimize the risk of misuse, unauthorized access, unauthorized disclosure and inaccessibility. Some of the security measures we use include pseudo-anonymization of data, data encryption, firewalls, and data access authorization control. We attach great importance to data security, so we regularly check and update the security mechanisms used in order to provide effective protection against data misuse.
We typically use encryption technology for the collected information. In addition, when your data is accessed via the network, we have implemented additional comprehensive security measures such as a firewall, which can prevent unauthorized access, and a variety of encryption and authentication technologies which protect your data from being accessed by, or disclosed to, third parties during transmission. In addition, an electronic identification code is generated during data transmission to protect your information.
For your confidentiality and security, we use account passwords to protect your personal information, so please do not disclose your personal account information (especially the password) to anyone. When you are finished using your account, please remember to log out from your account.
If you believe that the security of your data has been compromised, or if you want to learn more about the measures we use to protect your data, please contact us through the various contact methods provided by this policy in Section 8: How to contact PenguinSmart.

Section 5: How do we manage your information
You can access or manage your information in the following ways:
Ⅰ View, correct, add new or request a copy
You have the right to view, correct or add new information to your record, or request a copy of your records be sent to you directly. You can log in to register an account, click on the personal account settings to view, correct or add new personal or account related information. You can contact us directly to request a copy of your records by using the various contact methods provided by this policy in Section 8: How to contact PenguinSmart.
Ⅱ Delete your information
You can delete some of your information by the same methods listed above in line 1. In the following situations, you can also submit a request for us to delete (purge) your personal information from our records:
ⅰ) If you believe our handling of personal information violates laws and regulations.
ⅱ) If you believe we have collected and used your personal information without your explicit consent.
ⅲ) If our handling of personal information constitutes a serious violation of the agreement with you.
ⅳ) If you no longer use our products or services, or if you actively cancel the account.
ⅴ) If you wish to permanently cease receiving PenguinSmart products or services.
In event that either you, or we upon request, delete your personal information, because of applicable laws and security technologies regarding data backups, we may not be able to delete the corresponding information from the backup system immediately. In this case we will safely store your personal information and isolate it from any further processing until the backup can be cleared or anonymized.
Ⅲ Regarding a request to delete your personal information
In order to ensure the safety of your account and personal information, upon receiving a request to delete your account and personal information, we may need you to provide the request in writing or verify/prove your identity in other before processing your request. Requests for the deletion of accounts and personal information will be responded to within 30 days. If you are not satisfied, you can also file a complaint through our customer service. For reasonable requests, we will not charge a fee on principle, but for repeated requests that exceed the reasonable limit, we may charge a service fee as appropriate. We reserve the right to reject requests in any of the following circumstances: requests to delete information that is not directly related to your identity, unreasonably repeated requests, requests that require excessive technical undertakings (for example, the need to develop a new system or fundamentally change existing practices), requests that pose a risk to others legitimate rights, or any other such unrealistic request.
In the following situations, as required by laws and regulations, we will not be able to respond to your request:
ⅰ) Situations related to national security and national defense security.
ⅱ) Situations related to public safety, public health, and major public interests.
ⅲ) Situations involving cooperation with judicial or administrative law enforcement such as a criminal investigation, prosecution, trial and judgement execution.
ⅳ) There is sufficient evidence of malicious intent or the abuse of the rights of the subject of said personal information.
ⅴ) Any situation where responding to your request may result in serious damage to the legal rights of you, other individuals or organizations.
ⅵ) Any situation involving corporate trade secrets or confidential information.

Section 6: How do we handle minors’ information
The services provided by PenguinSmart involve minor children. As a parent or guardian of a minor child, we ask you to read this privacy policy carefully, and use our services or provide us with the information of the minor child under your supervision if you consent. Only with the express written consent of parents or guardians will the personal information of minor children be used, shared or transferred or otherwise disclosed under the circumstances permitted by Federal and State laws and regulations. Upon termination of the service, except as permitted by law, we will also cease all usage of personal information of minor children.
Section 7: How do we handle updates to this privacy policy
During the course of normal operations and growth, our privacy policy may be subject to change. Without your explicit consent, we will not limit your rights under this privacy policy. Any changes made to the privacy policy will be posted and immediately available on a dedicated web page. For major changes, we will also notify you at the email address you have provided. The definition of “major changes” to this policy may include but are not limited to:
Ⅰ A major change in service model, such as the purpose of processing personal information, the type of personal information processed, and the usage of said personal information.
Ⅱ A major change in control or ownership of PenguinSmart, such as in the event of a merger or acquisition.
Ⅲ A major change in the main target or recipient of personal information sharing, transfers or public disclosure.
Ⅳ A major change in your rights to participate in the processing of personal information or how you exercise said rights.

Section 8: How to contact PenguinSmart
You can contact us via email at the company's customer service mailbox:
info@mypenguinsmart.com. We will respond to your request within 30 days.
If you are dissatisfied with our response, especially if you believe that our personal information processing activities have damaged your legitimate rights and interests, you can also seek a solution by bringing a lawsuit to the court with the relevant jurisdiction.

Last updated: April 9th, 2020