WE CARE ABOUT YOUR PRIVACY

PARTIES

1.1. This Privacy Policy describes how BotPenguin (“BotPenguin”, “we”, or “us”) collects, uses, stores, shares, and protects your information in connection with services offered by BotPenguin including, but not limited to, services provided at or using the domain www.botpenguin.com (the “Site”); tools or applications including, but not limited to, mobile and other software applications related to the Site (the “Applications”); and images, text, playlists, metadata, and other material available through the Service (the “Content”) (collectively, the “Service”).

1.2. This Privacy Policy applies when you (“you”, “User” or “Respondent”) access, visit or use any portion of the Service. For the purposes of this Privacy Policy, a “User” is a person who creates chatbots, and a “Respondent” is a person who answers those chatbots.

1.3. This Privacy Policy is part of, and is governed by, the terms and conditions set forth in the BotPenguin Terms of Use.

AGREEMENT TO TERMS OF PRIVACY POLICY

2.1. Any Service provided by BotPenguin is purely voluntary. You are not required to provide any personal information to us unless you choose to access features of the Service that require such information. If you do not agree with the terms of this policy or BotPenguin’s Terms of Use related to the Service, then please do not provide us with personal information, exit the Applications mmediately, and discontinue using the Service

2.2. Accordingly, by creating a BotPenguin Account (as defined in the Terms of Use), or by otherwise accessing, visiting or using the Service, you expressly consent to our collection, use, disclosure, and retention of your information as described in this Privacy Policy and in the BotPenguin Terms of Use.

CHANGES TO THE PRIVACY POLICY

3.1. We may amend this Privacy Policy from time to time. You may be required to accept the amended Privacy Policy upon logging in to your BotPenguin Account in order to keep using the Service. Alternatively, we may post any material changes to this Privacy Policy on the Site with a notice advising of the changes in advance of the effective date of the changes. We may also notify you of material changes to this Privacy Policy, before the effective date of the changes by sending an email or in another conspicuous manner to give you a reasonable notice period. If you do not agree to the new Privacy Policy, you may terminate using the Service within the applicable thirty (30) day period and you will not be bound by the new terms. Otherwise, the new terms will take effect after thirty (30) days.

RIGHTS TO ACCESS, RECTIFY, CANCEL, AND OBJECT

4.1. You have the right to access, rectify, cancel, and object to the processing of your personal data by directing any such requests to BotPenguin through the website or through email.

PERSONAL INFORMATION ABOUT USERS AND RESPONDENTS

BotPenguin is used by “Users” (you) and by “Respondents” (your users). The information we receive from Users and Respondents and how we handle it differs, as set out below.

5.1. BotPenguin Users

As a User, we collect information relating to you and your use of our Services from a variety of sources:

(i) Information we collect directly from the User

a) Registration information: information you provide to us when you register for an account.

b) Chatbot data. We store your chatbot data (questions and responses) for you.

c) Plan+Billing info: We store information about your Billing Plan. If you have provided us with your billing details then this information is also stored.

d) Other data you want to share: We may collect your personal information or data if you submit it to us in other contexts. For example, if you provide us with a testimonial, or when running a campaign with BotPenguin’s chatbots.

(ii) Information we collect about the User indirectly or passively when interacting with us

a) Usage data: BotPenguin collects usage data about the User whenever he/she interacts with our services.

b)Device and application data: BotPenguin collects data from the device and application the User uses to access our services, such as the IP address and browser type. We may also infer the geographic location based on the User IP address.

c) Referral data: if the User arrives at a BotPenguin website from an external source (such as a link on another website or in an email), we record information about the source that referred the User to us.

d) Information from third parties: BotPenguin may collect User personal information or data from third parties if the User gives permission to those third parties to share such information with us.

e) Information from cookies: BotPenguin uses third-party tracking services that employ cookies to collect aggregated and anonymized data about visitors to our websites. This data may include usage and User statistics.

5.2. BotPenguin Respondents

As a Respondent, when you respond to chatbots hosted by BotPenguin, we collect, on behalf and upon instructions of the Users, information relating to you and your use of our services from a variety of sources:

(i) Information we collect directly from the Respondent: chatbot responses

We collect and store the chatbot’s responses from Respondents. The BotPenguin User is responsible for that data and manages it. The BotPenguin User is usually the same person that invited the Respondent to use the chatbot and sometimes they have their own privacy policy.

When responding to a chatbot you may provide personal information or data. Please note that BotPenguin is not responsible for the content of that chatbot, so if you have any questions about a chatbot you are responding to, please contact the BotPenguin User directly.

(ii) Information we collect about the Respondent from other sources

a) Usage data: BotPenguin collects usage data about the Respondent whenever he/she interacts with our services.

b) Device and application data: BotPenguin collects data from the device and application the Respondent uses to access our services, such as, among others, the IP address, browser type and operating system. We may also infer the geographic location based on the Respondent IP address.

c) Referral data: BotPenguin records information about the source that referred the Respondent to a chatbot (i.e. a link on a website or in an email

d) Information from cookies: BotPenguin uses third-party tracking services that employ cookies and to collect aggregated and anonymized data about visitors to our websites. This data may include usage and User statistics.

e) Email address: chat records the email address of the Respondent if the User adds an email question to their chatbots. The Respondent may choose to not give their email addresses when having a conversation with the chatbots that are made by Users via BotPenguin.

PURPOSES OF THE USE AND SHARING INFORMATION

6.1. We use the information we collect from you to perform the services requested in connection with the “BotPenguin Account” selected for the purposes described in the Terms of Use.

6.2. We also use your information to review, investigate, and analyze how to improve the services provided. We may also collect and analyze your data to monitor, maintain and improve our services and features.

6.3. We internally perform statistical and other analysis on information we collect (including usage data, device data, referral data, question and response data) to analyze and measure user behavior and trends, to understand how people use our services, and to monitor, troubleshoot, and improve our services, including to help us evaluate or devise new features.

6.4. We may use your information for internal purposes designed to keep our services secure and operational, such as testing purposes, troubleshooting, to prevent abusive activity (i.e. fraud, spam, phishing activities), and for service improvement, research, and development purposes

6.5. Likewise, we collect your personal data for the purposes of answering your questions and provide you BotPenguin tips and news regarding chatbots by any means, including email and similar means of electronic communication. In order to customize such information and commercial communications as much as possible, BotPenguin may use statistical techniques that allow the creation of user profiles and data segmentation.

If you do not wish to receive such information and commercial communications, regardless of the form of communication used, please inform us of your decision free of charge through the above-mentioned means to exercise your rights. Your agreement to receive information can be revoked at any time, but such revocation shall not be retroactively applicable.

If you do not wish to receive the above-mentioned information and commercial communications, let us know by contacting us at contact@botpenguin.com

6.6. We do not sell your chatbot data to third parties without your permission. We share your information with our service providers who help us to provide our services to you, in which case those third parties are required to comply with our privacy policy and any other adequate technical and organizational measures. We contractually bind these service providers to keep your information confidential and to use it only for the purpose of providing their services and pursuant to the applicable privacy legislation in India. Your agreement to the terms of this Privacy Policy followed by your submission of information in connection with the Service represents your agreement to this practice. If you do not want your information transferred to or processed or stored in the EU or in the United States, you should not use the Service.

6.7.Your data is not disclosed to any third party except

(i) for providing the services you requested and for which BotPenguin collaborates with third parties,

(ii) when we have your permission,

(iii) when it is required by a competent authority in the exercise of its duties (for example in order to investigate, prevent, or take action regarding illegal activities), or

(iv) as otherwise required by law.

6.8. We do not use your chatbot data other than as described in this Privacy Policy and the Terms of Use.

6.9<.strong>. Our servers, where we store your personal data, are located in West Europe.

6.10. Our sub-processors comply with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland.

6.11. If ownership of all or substantially all of our business changes, or we undertake a corporate reorganization (including a merger or consolidation), or any other action or transfer between BotPenguin entities, you expressly consent to BotPenguin transferring your information to the new owner or successor entity so that we can continue providing our services. If required, BotPenguin will notify the applicable data protection agency in each jurisdiction of such a transfer in accordance with the notification procedures under applicable data protection laws.

COOKIES

7.1. A cookie is a small string of information that the website you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity throughout the BotPenguin Service and that information helps us to understand your preferences and improve your experience.

7.2All of the cookies used by BotPenguin are safe for your computer and they only store information that is used by the browser. These cookies cannot execute code and cannot be used to access content on your computer. Many of these cookies are necessary to ensure the proper functioning of the website. They do not contain malware or viruses. Other cookies improve user experience by storing site preferences, language preferences, as well as information about previously viewed content. This information is stored by cookies and used to enhance user experience, such as identifying and resolving errors and navigation problems

7.3Cookies, by themselves, do not tell us any personally identifiable information. When you use the website of BotPenguin we may store the referral information, if you signed up on BotPenguin from a referral link. We also store your session data to uniquely identifies you as a User. When you use chatbots made using BotPenguin on your site, we create cookies on the Respondent’s browser to store the usage information of the chatbots and to store the conversation history between the chatbot and the Respondent.

7.4You can allow, eliminate, or block cookies in your computer’s configuration settings according to the internet browser you are using at anytime

CANCELING YOUR ACCOUNT, OPTING OUT OF EMAIL, AND MODIFYING PERSONAL INFORMATION

8.1. You may cancel your account and you may opt out of receiving any emails from BotPenguin at any time by contacting us at contact@botpenguin.com. Deleting your account will cause all the chatbot data in the account to be permanently deleted from our systems within a reasonable time period, as permitted by law and will disable your access to any other services that require a BotPenguin account. We will respond to any such request, and any appropriate request to access, correct, update or delete your personal information within the time period specified by law (if applicable) or without excessive delay. We will promptly fulfill requests to delete personal data unless the request is not technically feasible or such data is required to be retained by law (in which case we will block access to such data, if required by law).

8.2. You may modify your personal information by electronically communicating to us of the changes that need to be made.

8.3. We encourage you to promptly update your personal information when it changes. Information concerning your past behavior with the Service may be retained by BotPenguin as long as necessary for the purposes set out below.

RETENTION OF YOUR INFORMATION

9.1. We retain information for active BotPenguin Accounts as long as it is necessary and relevant for our operations. In addition, we may retain information from closed accounts to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce the BotPenguin Terms of Service, and take other actions permitted by law. The information we retain about you will be handled in accordance with this Privacy Policy.

HOW TO CONTACT US

10.1. Please also feel free to contact us at contact@botpenguin.com or call us at +1 (718) 717-2666 if you have any questions about this Privacy Policy.

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