1. COLLECTION OF PERSONAL INFORMATION
If you register and create an Account at www.penzu.com or penzu.com (the "Site") you will provide Penzu with certain Registration Data including your first name, last name, and e-mail address. Additionally, when creating a private personal profile, you may provide Penzu with such information as age, gender, geographic location, interests, biography, time zone and language preferences (Registration Data and information provided by Users upon creation of a private profile hereafter collectively referred to as "Personal Information"). If you register for a Penzu Pro Account, you may be required to provide Penzu with credit card information, including credit card numbers, expiry dates, security codes, billing address, state and or province, and country of residence.
When you send email or other communications to Penzu, we may retain those communications and any information contained therein to process your inquiries, respond to requests and improve our Service.
Penzu will only ask for Personal Information about you when such Personal Information is required and you will be informed as to why it is so required and how it will be used.
2. COLLECTION OF SITE INFORMATION
When you enter the Site, we collect information with respect to your browser type and IP address. Additionally, Penzu also stores certain information from your browser using cookies (all information collected automatically through interaction with the Site is hereafter referred to as "Site Information"). Cookies are pieces of data stored on the User's computer and contain information about that User. Many major browsers are initially set up to accept cookies. You can reset your browser to either refuse to accept all cookies or to notify you when you have received a cookie. However, if you refuse to accept cookies, you may not be able to use some of the features available on the Site.
3. USE OF PERSONAL INFORMATION
Penzu collects and uses your Personal Information primarily for the purpose of providing you with the Service. Your Personal Information is also used to communicate with you about your Account and to provide you with information related to other products and services. To unsubscribe from any email communications from Penzu, Users can unsubscribe directly from such email communications or deactivate their Account, which can be done from your Account page.
Penzu may also contact you from time to time to conduct market research and surveys in an effort to continually improve our product and service offerings.
We do not sell or rent any personally identifiable Registration Data to third parties without your explicit consent. Unless you specifically authorize us to release such information, or release is required or permitted by law, we will not exchange, sell, lease, trade or otherwise give away such information to other third parties.
When you provide Personal Information and credit card information for the purpose of registering for a Penzu Pro Account, Penzu will use such information to collect the annual subscription fee of USD $19.00. Penzu will store transaction records and billing history for all Penzu Pro Users, but will not store sensitive credit card information such as credit card numbers, expiry dates and security codes if Users have disabled Automatic Renewal.
4. USE OF SITE INFORMATION
Site Information is collected for statistical purposes and to better serve our users. Our cookies are used to store session data and to help with the usability of our Site. We monitor the Site and analyze traffic patterns to help us with our research and development and create a better experience for you on the Site. Penzu may also keep track of whether external links presented on the Site are followed. We do not link IP addresses to Personal Information nor do we distribute or share IP information with any third party.
Non-personally identifiable information may also be used to display customized content and targeted advertising. Such customized content and targeted advertising will be automatically generated based on Site Information and/or keywords in User Content. Any information that is used to generate such customized content and targeted advertising is in no way disclosed to any third parties nor personally identifiable.
Penzu permits third parties that present advertisements on the Site to set and access their cookies on your computer. The use by such third parties of their cookies is governed by these parties' own privacy policies.
5. DISCLOSURE OF PERSONAL INFORMATION
We will seek your prior consent to the collection, use and disclosure of the Personal Information as required by applicable privacy legislation. Subject to legal and contractual requirements, you can refuse to consent to our collection, use or disclosure of Personal Information about you. You may also withdraw your consent to any further collection, use or disclosure of Personal Information about you at any time by giving us reasonable notice. Such withdrawal of consent may limit your ability to use all or parts of the Service.
Penzu shall disclose Personal Information if we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce the Penzu Terms and Conditions of Use, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of Penzu, its Users or the public as required or permitted by law. In the event that we have Personal Information that falls under any of these scenarios, we will do our best to uncover it. However, if User Content is encrypted for a Penzu Pro Account, we will not be able to recover that User Content until it is unlocked by the User with the correct Encryption Lock password (described further in Section 7 below).
Any User Content that you make available to other Users, including, but not limited to, information in your User profile, granting access to other Users to all or part of your online journal or sending messages to other Users, is done so at your own risk. Any Personal Information that is Posted or sent by any User is the sole responsibility of such User and Penzu shall not be held responsible for any Personal Information or other information that you make public.
Penzu will try to ensure that Personal Information about you is accurate, complete and up-to-date. Please inform Penzu of any change of name, address or other Personal Information. In the event that you have questions about the accuracy of factual information we have collected about you, you will be provided with access to that information in order to verify and update it.
7. PRIVACY AND SECURITY OF USER CONTENT AND PERSONAL INFORMATION
Penzu is committed to protecting your privacy and the privacy and security of your User Content. In addition to your Account password, Penzu also provides holders of free Accounts with the option of password protecting specific journal entries through the use of a "Basic Lock" which is a second password for entries, and is not encrypted on our servers. This "Basic Lock" does not alter the files on our server, and the password used to lock any User Content can be retrieved if a request is made to firstname.lastname@example.org. Penzu Pro Users will be able to use an "Encryption Lock" which uses a layered process to encrypt the User Content of your entries using 256-bit AES encryption algorithms. In the event that you lose the password to your Encryption Locked User Content, all encrypted data will not be able to be retrieved and Penzu will not be able to assist you with recovering your data. You assume all responsibility for the maintenance and recollection of your Encryption Lock password, and Penzu specifically disclaims all responsibility and liability with respect to Penzu Pro encryption and any loss of data resulting from the loss of any encryption password.
Although we take measures to ensure the privacy and security of your User Content, we cannot guarantee its absolute privacy and security, as no privacy or security measures are perfect or impenetrable. We cannot control the actions of other users whom you have shared any Personal Information or Account information with, and therefore we do not guarantee that unauthorized individuals will not obtain access to your private User Content or Personal Information. We are also not responsible for any circumvention of our privacy or security systems. Users are encouraged to password protect any journal entries which they do not want to share with others.
8. USER MESSAGES
Penzu Users have the ability to send anonymous messages to others via email and a public link. Any identifying information with respect to the sender of the anonymous message is kept strictly confidential by Penzu, except in circumstances where such disclosure is required in accordance with Section 5 above.
9. NO CHILDREN UNDER AGE 13
Penzu does not knowingly collect or solicit Personal Information from anyone under the age of 13 or knowingly allow such persons to register with the Site. If you are under 13, please do not attempt to register for an Account or send any information to us. In the event that we are aware of any Users on the Site under the age of 13 we will delete all Personal Information and other information related to such User and deactivate their Account from the Site. If you believe that we might have any information from or about a child under 13, please contact us at email@example.com.
10. MINORS BETWEEN THE AGES OF 13 AND 18 YEARS
We require that minors over the age of 13 ask their parents or legal guardians for permission before sending any Personal Information about themselves to anyone over the Internet, and such parents or legal guardians must agree to the Penzu Terms and Conditions of Use on behalf of such minors.
11. EXTERNAL WEBSITES
12. THIRD PARTY SERVICE PROVIDERS
Penzu may use third parties to provide us with information regarding our Users' activities on the Site. Such third parties may set cookies on our behalf and receive Site Information. However, no such third parties will have access to any Personal Information which would reveal the identity of any of our Users.
13. CHANGE OF OWNERSHIP
14. ACCESS TO INFORMATION
If you have any questions about the collection, use or disclosure of your Personal Information by Penzu, or if you want to know whether we have any of your Personal Information on file, you may contact us. Except in limited circumstances, as specifically provided by applicable privacy legislation, Penzu can inform you whether we hold Personal Information about you. We can also disclose the source of the Personal Information, allow you access to your Personal Information and provide a brief description of use that has been made, or is being made, of the Personal Information, and the third parties to which it has been disclosed.
Penzu will only refuse your access to your Personal Information in those limited exceptions permitted or required by applicable privacy legislation. Such exceptions may include information that contains references to other individuals, information that cannot be disclosed for legal, security or commercial proprietary reasons, and information that is subject to solicitor-client or litigation privilege. Penzu will respond to your requests for access in accordance with applicable privacy legislation.
Should you no longer desire to use the Service, you may deactivate your Account with Penzu. In the event of any deactivation of your Account, your User Content and/or Personal Information may not be deleted by Penzu.