Last updated August 3, 2021. Please read carefully before using this website.

The following terms of use (“Terms”) govern your use of the BluePenguin website (the “Site”) provided by BluePenguin Payments, Inc. (“us”, “we” or “our”.) By using our Site, you agree that such use is subject to these Terms. If you do not agree to these Terms, you may not use the Site. If you are entering into these Terms on behalf of an entity like an employer or client, you are binding that entity to these Terms, and that you have the authority to do so. In this case, references to “you” mean that entity.

This page informs you of our policies regarding your use of the Site, and the collection, use and disclosure of Personal Information we receive from users of the Site. 

Site Content

We retain all right, title and interest in the information and materials available on the Site (“Site Content”), excluding Third Party Content defined below. You have the right to use the Site Content for displaying on your computer or equivalent electronic device, or downloading and printing the Site Content for later review when your device is not available. You may use the Site Content as long as your use is solely for your personal, educational and non-commercial use. No other use of the Site Content is authorized. You may not modify, reproduce, re-distribute or prepare derivative works from the Site Content. Nothing contained in these Terms shall be construed as conferring to you any license or right under any intellectual property right of BluePenguin or any third party to the Site Content.

Some information or materials on our Site may have been provided to us by third parties (“Third Party Content”.)  All Third Party Content is the copyrighted work of its owners, who expressly retain all rights to the Third Party Content, including, without limitation, all intellectual property rights thereto. Third Party Content is made available on our Site for informational purposes only and may be subject to additional terms of use beyond these Terms. Please contact the appropriate third party for further information regarding any such different and/or additional terms of use applicable to Third Party Content.

All trademarks, service marks and logos included on the Site (“Marks”) are the property of BluePenguin or third parties, and you may not use such Marks without the express, prior written consent of the applicable party.

Information Collection And Use

We use your Personal Information only for providing and improving the Site. By using the Site, you agree to the collection and use of information in accordance with these Terms. If you are our customer or a customer of a partner, and are using a different website we operate as part of a service we contractually provide, a different policy may apply.

While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name, email address or phone number (“Personal Information”). Generally, we will only ask you for Personal Information if you specifically direct us to contact you for sales or marketing purposes, such as by filling out a contact form. We do not intentionally gather Personal Information from casual browsing of the Site.

Our Site is not designed for children under 16 years of age and we do not knowingly collect Personal Information of any site visitor under 16 years of age. When we become aware that we have collected such Personal Information, we destroy it.

Log Data

Like many site operators, we collect information that your browser sends whenever you visit our Site (“Log Data”).

This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics. In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this information.

We do this to improve the value of the Site and the products we sell. We do not de-anonymize or reverse append Log Data to Personal Information, or resell any information we collect to third parties.

Cookies

We use cookies and similar technologies to collect information about your activity, browser and device when you visit the Site. A cookie is a small data file that a website transfers to your computer’s hard drive. Cookies allow us to collect information such as browser type, time spent on the Websites, pages visited, referring URL, language preferences, and other aggregated traffic data. Third parties may also deliver cookies to your computer when you click on certain types of embedded content on our Site, such as animations or videos. These “third-party cookies” may come from entities like Google, DoubleClick and YouTube.

We use the information collected through cookies to understand how the Site is used and assist us with improving it. We do not use cookies for advertising or marketing purposes. The use of third-party cookies is governed by the policies of the third parties that create them.

Most modern web browsers allow the user to remove or block cookies by updating certain security or privacy settings. Consult your browser’s “help” menu to learn how to remove or block cookies. We are not responsible for your browser settings. You can find instructions on how to manage cookies from the provider of the web browser you use. Another useful site that discusses the types of cookies and how to manage them is www.allaboutcookies.org. Be aware that if you block cookies, certain portions of the Site may not work as intended. We cannot be responsible for any issues with the Site suffered by users who block cookies.

At this time, we do not respond to browser Do Not Track requests.

Remember that this cookie policy only applies to the Site defined in these Terms. If you are using a different website offered as part of a contracted service we provide, a different policy may apply.

Communications

We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information about our products and services. However, we do this only after you have explicitly opted in to receive this information by filling out a contact form. You have the right to request removal from further mailings by following the “unsubscribe” instructions in any message we send you. However, if you are receiving emails (such as operational alerts or product notifications) as part of a service contract with us or our agent(s), your ability to unsubscribe may vary.

Security

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

Special Note for California Residents

BluePenguin Payments and the Site are not currently subject to the California Consumer Privacy Act (CCPA) based on the exceptions stated in the regulations effective January 1, 2020.

Changes to Terms

These Terms are effective as of August 3, 2021 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.

We reserve the right to update or change our Terms at any time and you should check this page periodically. Your continued use of the Site after we post any modifications to the Terms on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Terms.

If you have a contractual relationship with us, any language in that contract relating to the gathering and use of your customer information also applies. We may be required to collect, process and store personal information in a certain manner to comply with applicable federal laws including the Gramm-Leach-Bliley Act (GLBA), and to assist our partners in complying with these laws. 

If we make any material changes to our Terms, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.

Contact Us

If you have any questions about these Terms, please contact us at support@bluepenguin.com.