Privacy Policy

Last Updated: January 31, 2024

Introduction
Who We Are
Applicability of This Privacy Notice to Personal Information
Applicability of This Privacy Notice to Our Website and Certain Tools
Organization Information
Collection and Use of Personal Information
How We Collect Personal Information
Sharing of Personal Information
Retention of Personal Information
Your Choices and Rights
Children
Contact Us

Introduction

This Privacy Notice describes the privacy practices of Penguin Benefits, Inc. (“we”, “us” or “our”) with respect to personal information we collect from and about users (“you”, “your” or “users”) of our websites (including www.penguin-benefits.com) and browser-based and mobile applications and tools, in each case that expressly link to and indicate that they are covered by this Privacy Notice (collectively, our “Platform”).

Please take the time to read this Privacy Notice and let us know if you have any questions or concerns. This Privacy Notice may be revised periodically, and any such revisions will be reflected by the effective date above. Please revisit this page to stay aware of any changes.

Who We Are

At Penguin Benefits, our mission is to help families access benefits with ease. We are a company passionate about provide an innovative software platform that enables users to better understand and take advantage of a variety of useful benefits.

Please note that we are located in the United States, and our Platform and this Privacy Notice are intended for United States residents only. If you are a resident of another country, you should be aware that any information about you may be transferred to and processed in the United States, and that privacy and data protection laws in the United States may not be equivalent to laws in your country of residence.

Applicability of This Privacy Notice to Personal Information

This Privacy Notice applies only to “personal information,” by which we mean information that identifies, relates to, describes, or is reasonably capable of being associated with or linked to a particular consumer or household. This Privacy Notice does not apply to anonymized, deidentified or aggregate information.

Applicability of This Privacy Notice to Our Website and Certain Tools

One aspect of our business is to provide certain tools and services directly to consumers (“Penguin Tools”). Another aspect of our business is to help power or support tools offered by our organizational clients (“Organizations”) to their customers (“Enterprise Tools”).

In connection with Enterprise Tools, we collect and process personal information pursuant to our contractual arrangement with our organizational clients. In these contexts, we are generally acting as each such organization’s “data processor” or “service provider.”
In other contexts, such as when we offer our Penguin Tools directly to consumers or when you provide us with your contact or billing information for our own business purposes, we are generally acting as the “data controller” because we are making the decisions about what personal information is collected and how we use that information to fulfill our business purposes.

Our privacy practices, and the rights you have with respect to your personal information and how you may exercise those rights, are dependent on whether we are acting as data processor or data controller with respect to that information. Typically, for an Enterprise Tool, the relevant Organization’s privacy notice applicable to that Enterprise Tool will be of primary relevance, particularly once your personal information is provided to the Organization, and our Privacy Notice will only apply to personal information in our control that we collect and process in accordance with our contractual obligations.

Organization Information

Access to any Enterprise Tool is provided by or on behalf of the relevant Organization, such as an insurance company, third party administrator, or employer, who has elected to use our services, pursuant to a contract with us. The Organization, and not us, acts as the “data controller” who makes decisions about what personal information is collected and how it is used and shared. Personal information collected in this context could include, for example, demographic information, benefits information, family and household information, communications and other content that the Organization or its users elect to upload to or store, transmit or otherwise process using the relevant Enterprise Tool (“Organization Information”).

Except in uncommon situations (e.g., in connection with legal compliance, litigation, security concerns, etc.), we will only use, disclose and otherwise process such Organization Information in connection with the purposes for which the Organization has contracted us. And we will only use, disclose and otherwise process Organization Information in compliance with applicable privacy laws and in a manner intended to allow the relevant Organization to comply with applicable privacy laws.

For additional information regarding how your personal information is processed in connection with any Enterprise Tool, please consult the relevant Organization’s privacy notice applicable to such Enterprise Tool.

Collection and Use of Personal Information

This personal information we collect includes:

Registration Information: Where applicable, in order to enable your creation and use of a personalized account, to validate users for purposes of Platform administration and security, or to allow us to provide you with messages, notifications and alerts relating to the Platform and with customer support, we may collect your name, email address, username, password and similar identifiers.
Contact Information: If you request information about our products and services, in order to send you such information, we may collect information you provide to us in connection with such request, such as your name and email address, as well as information about your preferences regarding the information we send to you.
Device/Browser Information: When you interact with our Platform, we may learn information about your browser or device (e.g., name or type, version, settings, etc.), unique online identifiers (e.g., IP address), internet service provider, the name and version of your operating system, referring and exit pages, and the date, time and duration of your visit to our Platform or certain components of our Platform.
Usage Information: When you interact with our Platform, we may collect details regarding your usage of the Platform to present, personalize, improve and maintain our Platform and to gather aggregate information about our user base.
Location Information: When you interact with our Platform, we may learn your non-precise geographic location and may infer or derive this information from your IP address.
Support Information: If you contact us in connection with a support request, we may collect your name, email address and other contact information and keep records relating to your support request.
Submitted Information: We collect any information or other content you choose to submit to us via the Platform, which may include personal information where tied to an email address or an account you create, and may include information such as information about your family and leave situation (including, where applicable and you choose to provide it, due date, actual delivery date, leave dates) and about your financial situation (including, where applicable and you choose to provide it, employer and salary).

We use such personal information for the purposes identified above, and more generally to: provide you with information, products or services that you request or that we are otherwise contractually obligated to provide; assist you in implementing our Platform, including setting up accounts; provide you with support and training; comply with our contractual obligations to third parties (including Organizations); comply with our legal and security obligations with respect to operating the Platform; improve our products, services, and operations; personalize and continually improve user experience on the Platform; market our products and services; perform statistical, demographic and marketing analyses of users; and facilitate our other legitimate business purposes, including managing security with respect to the Platform and complying with applicable laws.

How We Collect Personal Information

We may collect the personal information described above from various sources, including directly from you, from third parties we partner with, and through cookies or other automated means.

Directly from You: We collect personal information directly from you when you provide it to us, including when you create a Penguin Benefits account; upload Submitted Information via our Platform; or contact us with questions or comments.
Automatically from Your Device or Browser: Certain information (e.g., Device/Browser Information and Usage Information) is automatically collected from your device or browser when you interact with our Platform.
From Third Parties: Third parties, including data analytics companies and companies that assist with the operation and functionality of our Platform and our business more generally, may share information they have collected from or about you with us. The collection and use of your information by our web analytics provider, Google Analytics, is governed by Google’s privacy policy, which can be found here.
Using Cookies and Similar Technologies: We use cookies (small files stored on your device or browser) and other similar technologies to automatically collect information when you interact with our Platform, including, for example, Device/Browser Information, Usage Information, and Location Information. Using cookies and similar technologies, we may link information about your interactions with our Platform over time, for example, which pages you visit, certain links or buttons you click, and how long you stay on each page.
Publicly Available Sources: We may collect information from publicly available sources.

Sharing of Personal Information

We may disclose or transfer personal information that we collect or you provide as described in this Privacy Notice: (i) to contractors, service providers, and other third parties we use to support our business, which may include data hosting, infrastructure and analytics services providers, who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them; (ii) to the Organizations to whom we provide Enterprise Tools, where those Organizations contractually obligate us to provide us with such information; (iii) to fulfill any other purpose disclosed by us or otherwise readily apparent when you provide the information or consented to by you; (iv) with our affiliates or any successors to all or part of our business; (v) to comply with a subpoena, court order or applicable laws; and (vi) to protect the rights, property or personal safety of users, us or the public.

Retention of Personal Information

We may retain your personal information for the duration of your use of or access to our Platform. We may retain your personal information for longer as necessary and relevant to our legitimate operations in accordance with applicable laws.

Your Choices and Rights

Certain states’ and countries’ data protection laws provide their residents with rights regarding businesses’ use of their personal information (sometimes referred to as “personal data”). Regardless of your state or country of residence, you can currently contact us at any time using the contact information listed in the last section of this Privacy Notice to request we do any of the following: (i) erase or delete all or some of your personal information; (ii) change, update, or correct your personal information; (iii) restrict how we use all or some of your personal information; (iv) access your personal information and, where applicable and feasible, request to receive that information in a commonly used electronic format (or ask for this information to be provided in that format to a third party); or (v) disclose what personal information we collect, use, disclose or sell.

We will consider and respond to any such requests promptly and otherwise in accordance with applicable laws. Furthermore, if you choose to exercise your privacy rights or make the above requests, we will not treat you in a discriminatory way, nor will you receive a lesser degree of service from us.

In order to help ensure that your personal information is not disclosed to any person who does not have the right to receive it, and to help ensure your personal data is not mistakenly deleted or changed, we will attempt to verify that you are the subject of the personal information that your request concerns.

In many cases, our response may necessarily require the involvement of, and you may wish to contact directly, the relevant Organization that invited you to use our Platform.

Children

Our Platform is not directed to persons under the age of 18. If we become aware that a child under 18 has provided us with personal information, we will take steps to delete the information. If you believe that your child under the age of 18 has submitted personal information to us, please contact us using the contact information listed in the last section of this Privacy Notice.

This Privacy Notice is issued by Penguin Benefits, Inc.

If you have questions or concerns about an Organization’s decisions regarding the collection and processing of your personal information in connection with an Enterprise Tool, you should contact the Organization. If you instead elect to contact us, we will use reasonable efforts to coordinate with the Organization in providing a response.

If you have any other questions or concerns regarding the matter described in this Privacy Notice, please contact us at info@penguin-benefits.com.