SITE IS FOR U.S. RESIDENTS; GOVERNED BY UNITED STATES AND NEW YORK LAW; JURISDICTION
This Site is operated in the United States and is designed for and targeted to U.S. audiences. Except as otherwise provided on the Site, all users must be residents of the United States in order to participate in activities that require the collection of personal information or to post unsolicited information to the Site. This Site is governed by and operated in accordance with the laws of the United States or the State of New York as applicable, without giving effect to their principles of conflicts of law. By using this Site and/or providing us with your personal information, you waive any claims that may arise under the laws of other countries or territories located outside of the United States or states other than New York, and you agree to submit to the exclusive jurisdiction of the courts of the State of New York and the federal courts of the Southern District, located in New York City, NY.
WEBSITE COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION
As you interact with our Site, we and our third-party service providers may collect or have access to certain information from you, including but not limited to your first and last name, postal address, email address, telephone number, date of birth and credit card information (“Personal Information”).
Penguin uses Personal Information in various ways, including but not limited to sending e-newsletters and e-mail alerts you subscribed for (sometimes through third party service providers on our behalf), processing your online purchases (applicable to sites with e-commerce), informing you about Penguin’s and our authors’ and promotional partners’ products and services, improving our products, services, the Site and our marketing messages to you about them, fulfilling contest, sweepstakes and other offers, enabling Site users to share resources, content, and information with other users on the Site, and otherwise to better meet the needs and preferences of Penguin’s customers and users of our online services.
Penguin may share your Personal Information as follows:
To comply with court orders or subpoenas and as necessary to satisfy any law or regulation;
With Penguin’s service providers. We sometimes hire third parties to perform certain business-related functions. Examples include e-mailing information, enabling social media tools, processing payments and maintaining databases. When we engage a third party to perform a function of this nature, we may need to provide them with access to certain Personal Information collected from our users in order to perform their function.
With our corporate parent(s)and other affiliated entities for business, operational and marketing purposes;
To a third party in the event of a corporate sale, merger or other restructuring; and
With third parties (for example, our authors or promotional partners) for their own direct marketing purposes but only with users’ notice and consent.
PENGUIN HAS NO PRIVACY OBLIGATIONS REGARDING INFORMATION POSTED TO PUBLIC AREAS, UNSOLICITED INFORMATION AND USER CONTENT
You can “opt in” or “opt out” of receiving promotional e-mail from us by checking or unchecking the appropriate box on the registration area or submission area for the particular offer, by updating your preferences in any preference areas provided on the Site, by following the instructions in our e-mail messages or by deleting your profile in any social media area of the Site. You may also opt out of having your information shared with third parties for direct marketing purposes in the same manner. If you have opted in at more than one area of the Site or for more than one activity on the Site or for different imprints’ e-newsletters or e-alerts or on multiple sites maintained by Penguin or its divisions or imprints, it may be necessary for you to opt out in more than one area or by multiple means or on more than one site in order to avoid all promotional e-mail from Penguin. Please note that even if you choose to opt out of promotional e-mail, we will continue to send you important service-related communications (e.g., order confirmations for books you purchase on our e-commerce sites).
SECURITY OF PERSONAL INFORMATION
Penguin understands the need to prevent online fraud. To do so, we employ reasonable industry standard security measures involving both hardware and software. For our e-commerce sites, we use Secure Socket Layer (SSL) to encrypt any Personal Information you send to us during the check-out process. Only when your information has been passed to our secure servers, housed in a physically secure location and protected by firewall software, is your transaction processed. Penguin employs your credit card information only for your purchase with us. Your information is vetted by a merchant bank to ensure that all credit details are accurate and represent a genuine purchase.
Please remember that no data transmission over the Internet, or by other means, can be guaranteed to be 100% secure. Thus, while we strive to protect your Personal Information, Penguin cannot ensure or warrant the security of any information you transmit to us. Therefore, you understand, acknowledge, and agree that you transmit certain Personal Information over this Site at your own risk.
COOKIES AND OTHER TRACKING DEVICES
MONITORING AND USE OF AGGREGATE PERSONAL INFORMATION
Penguin may use your Personal Information and other information for purposes of internal administration, demographic analysis and the like. Without disclosure of Personal Information about individual users, we may provide aggregate statistics about our users, traffic patterns and related Site information to our service providers and third party vendors for their internal, marketing and business development purposes.
SPECIAL POLICY WITH REGARD TO INFORMATION FROM CHILDREN UNDER THIRTEEN
Penguin respects the privacy of children, and we comply with the Children’s Online Privacy Protection Act (“COPPA”). This Site does not knowingly collect, retain or disclose Personal Information from children under the age of 13 without prior parental consent, except as permitted by COPPA. If you have any questions concerning our information practices with respect to children, you may email us at email@example.com. For tips on protecting your child’s privacy online, please see the U.S. Federal Trade Commission’s brochure on this topic: www.onguardonline.gov.
We may provide links to third-party web sites as a service to our users. Please be aware that we cannot control and are not responsible for the information collection, use and disclosure practices of such web sites. We encourage you to review and understand the privacy policies on these web sites before providing any information to them.
CALIFORNIA RESIDENTS’ PRIVACY RIGHTS
If you are a California resident and request information about how to exercise your third-party disclosure choices, you must send a request to the following address with a preference on how our response to your request should be sent (e-mail or postal mail). You may contact us in two ways. Send e-mail to firstname.lastname@example.org, with the statement “California Residents’ Privacy Rights” in the subject field of your e-mail. Alternatively, you may contact Penguin at:
Penguin Group (USA)
375 Hudson Street
New York, NY 10014
Attn: California RESIDENTS’ Privacy Rights c/o Legal Department
For offline requests, please include your name, postal address, city, state, and zip code. We will not accept requests via telephone or facsimile.
GENERAL REQUESTS ABOUT THIS POLICY
LAST UPDATED: May 4, 2010