Privacy Policy

We use some key terms in our Notice that you should know as you read the information.

• Customers include Learners and their Parents, Teachers, and Partners.
• Learners are the minors (18 years and younger) who participate in PenguinLearn LLC, d/b/a Penguinlearn (operated by PenguinLearn) activities.
• Parents are the parents or legal guardians of the Learners.
• Teachers are the independent contractors — either individuals or organizations — who offer classes through PenguinLearn LLC, d/b/a Penguinlearn (operated by PenguinLearn)'s platform.
• Partners are companies (third parties) that we work with, such as schools, technology vendors, employers, or non-profit organizations, and who are not “teachers.”
• Services means the Classes or Activities or other engagement by Customers with PenguinLearn LLC, d/b/a Penguinlearn (operated by PenguinLearn).
• Classes means the courses developed / taught by Teachers, whether individuals or organizations.
• Activities means the groups, challenges, and other types of engagement through or with PenguinLearn LLC, d/b/a Penguinlearn (operated by PenguinLearn) in which any Customers may participate, whether paid or free.
• Personal Information/Data means information linked to an identified (or identifiable) person.
• Process means any activity with personal information, e.g., collecting, using, sharing, storing, etc.

Website Visitors and General Consumers (anyone)

We collect information through technology for website visitors who do not engage with us directly. Please see the Technology and cookies and trackers section below for more information. If you interact on our website, we will track your activities online, but we do not know who you are.

However, if you submit a form with your contact information, we will engage with you as requested and may follow up with you to further build a relationship, generally through Communications and Marketing. You can opt out of marketing communications at any time.

Anyone can engage with us in certain areas: Communications, Social Media, and Marketing. Each is addressed below in more detail.

Marketing

We will use your contact information to communicate with you, unless you instruct otherwise. We do not collect Learner information for marketing purposes. We may obtain information from third parties, such as matching your email address to a publicly available physical address and sending physical marketing materials, like postcards. You can request that your email or other information in your profile not be used for marketing purposes. If you opt out of marketing emails, we will continue to send emails related to Classes or Activities and respond to any requests from you. Please contactsupport@penguinlearn.comfor questions.

Individuals with Third Parties

If you work for (or are with) a Partner, vendor, or other third party, we engage with you as required for the relationship to build, maintain, and terminate. We will only process your business-related information in furtherance of our relationship and engagement in the potential or actual relationship, such as payments, contracts, and via technology. You may also engage with us as a member of the general public as described above or as a Customer described below.

Customers (Teachers, Parents, Learners, and Partners)

The personal information we process can be grouped into three main categories: information you (or your learner) provide to us, information we get from third parties about you, and information we get from cookies and trackers. Just below, we provide a summary of information and you can click on any of them to get a more detailed explanation. Plus, we provide information on inferring data and combining data.

Information you provide to us

• Account, Services, and Finances
• Sensitive Information
• Information we get through third parties (such as partners or via social media)
• Information we get through technology, including device info, cookies and trackers
• Inferred and Combined data

1. Customers - information you provide to us

For engaging with us, you provide us information directly for your Account, Services, and Finance. More detail is provided below for each one of these, but here we explain how and why we process this information.

How do we collect this information?

If you engage with us directly, we collect this information from you or from linked accounts (like Google or Facebook log-ins) that you choose to share with us. You also volunteer information when you complete parts of your profile. You can choose not to provide this information. If you come to us through a partner, some of the data comes from them, but some is provided by you when you complete the registration. If you are a Learner, your Parent may provide your information. When engaged with classes or activities, participants may be requested to submit some information to complete the assignment, and some information is volunteered through your engagement, like comments or feedback.

Why do we collect this information?

We collect this data to add you to our platform and let you engage with us — generally at your request or consent, which you may revoke at any time. Revoking consent may end your classes, activities, or account, depending on your request. Some information is provided for learner safety, such as video evidence that the person in the Activity other than the Educator is a child. If you refuse to provide a video, you may be refused to join Activities. You can participate without providing any voluntary information, but you must provide required information. We may also use information provided to us to prevent fraud. In general, we use your information to provide the Services, customer support, and to improve our platform and Services.

1.1 Account Information

When you join PenguinLearn LLC, d/b/a Penguinlearn (operated by PenguinLearn), we ask for your name or a publicly posted name from a linked account (such as Facebook, Google or Apple), email address, phone number, and postal address. We collect information about the Activities you can or wish to be involved with (as an Educator or as a Parent or Learner) and keep a history of your Activities. You may choose to provide additional information in your profile, such as age, gender, pronouns, title, and profile photo. To activate your account and participate in Activities, Learners will submit a video recording for verification, as well as all live classes are recorded and cameras required to be on for at least a portion of the Activity for the safety of all Learners. Where necessary, an account may require a contract to be in place.

1.2 Services

We collect information about the Classes, Activities, or other Services in which you or a Learner engages, comments and communications, instructions, information you share such as drawings or photos, class or Teacher reviews, video and audio, and the history of activity in and with PenguinLearn LLC, d/b/a Penguinlearn (operated by PenguinLearn). This may include uploaded items, such as photos or drawings. If information is uploaded to PenguinLearn LLC, d/b/a Penguinlearn (operated by PenguinLearn), it may contain metadata such as who created or last modified it, the date created or modified, location, and so on. You can generally check metadata by clicking on the properties for that item. We do not require any metadata on submitted items, and we do not purposefully use any. We do not support or encourage communication outside our platform, except where required and specifically approved by the course (e.g., gaming).

At times, we may want to test if certain parts of the website or Services work better than others. We may present one version to some group (of Customers, general consumers, etc.) and another version to another group to better determine how to design our site for engagement.

1.3 Finances

For purchases, we collect name, credit card or other payment information, billing address, and information about the Services purchased. For payments to you, we collect your financial account information if necessary, payment details, and information about our payments, such as the reason or history. We also use financial information to detect or prevent fraud.

1.4 Sensitive Data

“Sensitive data” has different meanings depending on location. Where possible, we apply heightened protection to sensitive data. In some places, information from a child may be considered sensitive information itself. You or a Learner may voluntarily provide sensitive information, such as health or disability information included in forms, messages, or with a complaint or concern. Learners may also be enrolled in special classes offered for Learners with disabilities, and Teachers may volunteer their disabilities within a class. Teachers and Learners are otherwise not allowed to have discussions that elicit or result in sharing of sensitive information, and where they do learn sensitive information, they are not permitted to share that outside PenguinLearn LLC, d/b/a Penguinlearn (operated by PenguinLearn) or use it in an inappropriate way.

Fraud

If we suspect that a Learner is over the age of 18 or misrepresenting their identity, for the safety of other Learners, we may request proof of appropriate age or identity, such as a video clip or the Learner’s birth certificate, passport, or driver’s license. This documentation may contain sensitive data such as full date of birth, place of birth, and government ID numbers. We only retain the information necessary, such as date of birth.

Background Check Information.

Teachers and potential employees must provide information as part of our background check process, including criminal history information, professional education and qualifications, work history, references, and teaching abilities. We provide separate notices and consent forms before performing background checks.

2. Information we get through Third Parties

We may get information about you from Customers, Partners, or vendors on Customers or potential Customers. This may include us getting the information directly, or it may be your data that Partners share with us. More detail is provided below for each scenario.

How?

We get information from third parties either by purchasing or leasing it, indirectly through our own vendors, or by engaging with you through third parties, like social media. Also, our current Customers may share information in our referral program. We do not buy or lease information from third parties on Learners.

Why?

In most cases, we obtain or purchase data so we can grow our business — this is in our legitimate interests as a business. We may use this data to report suspicious activity to a local agency (e.g., for addressing fraud or for the safety of Learners).

Information from Partners.

PenguinLearn LLC, d/b/a Penguinlearn (operated by PenguinLearn) partners with other organizations, such as schools, non-profits, and employers to provide services. Generally, these Partners would provide your information so you can participate in Classes or Activities in which they have control, or where they are offering the Services to you as a joint effort. Partners will likely provide you with specific information when the relationship is set up, especially if they have control over the Classes or Activities. If so, you need to look at their privacy notice for how they handle your information.

We also partner with technology companies to jointly provide some services. In some cases, you need to create an account with the partner to use their services, and when you link your account with ours, the partner may provide information to us.

Information from Vendors.

We may purchase (or lease) data from third parties for certain reasons. We don’t know how these third parties get your data, but it is generally through advertising services or other companies you have used who are able to share your information. We do not sell that information, but we may share it with our vendors, such as if we buy a mailing list of parents in a certain area and a vendor prints and mails the postcards. The data we get may be just on a group of people where we provide characteristics we want, or we may provide the names (not Learners) to get more information on them, such as addresses for marketing materials or for reporting an event to local agencies.

Information from other third parties.

You may decide to log in to our services using a linked account, such as Facebook or Google. This means you may be providing us more information about you. You should check the privacy notices of these providers to see what they share with us. We may also get information through third parties if you use them in Classes or Activities. We try to control the use of third-party tools, but we are not perfect.

3. Information we get through Technology

Some data we get through technology, such as cookies and trackers on our website. We do not knowingly track children. More detail is provided below, but here’s a summary.

How do we collect this information?

This data is collected through technology simply by visiting our website. Some of this you can opt out of (through our Cookies Page or your browser settings), but others are necessary.

Why do we collect this information?

Some data is necessary for the operations of the website and app, while some are optional, such as analytics or preferences for site layout tests. Unless it is necessary for the site or app to work, we gather it under our legitimate interests. We also use this information to personalize your experience with us and detect or investigate fraud and policy violations.

Technical, Device, and Usage Data:

This includes information automatically collected about your device and connection when you engage with PenguinLearn LLC, d/b/a Penguinlearn (operated by PenguinLearn), such as your IP address, cookie identifiers, mobile device identifiers, operating system, browser type, login times, search terms, clicks, error messages, and pages viewed. For more info on cookie and mobile device identifiers, see our Cookie Notice. We do not collect data from third-party ad trackers on Learner Space.

4. Inferred and Combined Data

We may infer new information from other data we collect (e.g., topics you may be interested in based on your searches). We may also infer your general location based on your IP address. We may obtain information about you from other sources (partners, employers, social media) and combine them to have a more comprehensive view of individuals engaged with PenguinLearn LLC, d/b/a Penguinlearn (operated by PenguinLearn).

We may use any of the above categories of your personal data to:

• Provide services to Customers, Partners, third parties, and employees;
• Perform our business operations;
• Manage our relationship with Teachers, Parents, and other individuals.

We may disclose your personal data to the following categories of third parties:

Teachers:

When Parents sign up for Services, they agree that Teachers may receive certain personal data about the Parents and their Learners (e.g., classes taken and any requests or needs). Teachers are not our employees or agents, and do not process personal data on our behalf, but we do have requirements they must agree to follow. We act as limited agents for our Teachers to process payments. Some classes may be taught by a “Teacher” that is actually an organization or team of instructors, meaning multiple individuals may access the class recording. Teachers may also engage others to assist with activities.

Other Customers:

Members of a class or activity will see, hear, and read each other’s interactions unless a Learner private messages a Teacher. This can include other Parents, Learners, or individuals needed to participate (e.g., an interpreter). PenguinLearn LLC, d/b/a Penguinlearn (operated by PenguinLearn) prohibits non-approved people on our site from engaging with Learners or other Customers.

Teachers using third-party sites or tools:

We request that Teachers only share or use tools/third-party sites that are COPPA-compliant. However, sometimes Teachers use tools or sites we have not reviewed. Parents should review the sites or tools a Teacher lists for specific classes. If you disagree, let us or the Teacher know.

Partners:

Where we work with organizations (schools, employers, non-profits, tech companies) that provide opportunities or funding for Services, we will share Learner engagement information back to them. You will be aware of these engagements as that’s how you came to PenguinLearn LLC, d/b/a Penguinlearn (operated by PenguinLearn) or used their vouchers, or you specifically connected your account with them.

Vendors/Service Providers:

We engage third-party service providers to perform certain activities on our behalf, such as hosting (AWS), communications (e.g., Google, Intercom), marketing (e.g., Postmark), analytics, payment processing (e.g., Stripe, PayPal, Afterpay), video hosting (Zoom), and website maintenance. This is not a complete list, but a sample of the third parties we use.

Business Transactions:

If we are involved in a merger, acquisition, financing, or other reorganization, your information may be transferred as part of that transaction. Where possible, we will ensure the other entity honors the privacy protections.

Legal Requirements:

We may disclose your personal data if required by law or when necessary to comply with legal obligations, protect our rights or property, prevent or investigate wrongdoing or fraud, and protect the personal safety of Customers or the public. Teachers and Partners may be required to report suspected child abuse or neglect to local authorities, and we expect all Teachers and Partners to comply with such responsibilities.

Third-Party Analytics and Advertising Companies:

We allow third-party analytics and advertising vendors to collect certain personal information. Except for data collected from Learners in Learner Space, these vendors may combine data across multiple sites for their own purpose. If you reside in California, you can opt out by clicking “Do Not Sell My Personal Information.” We do not sell your data for money, but we may receive services or discounts in exchange for some data (not Learner data). For more information, see our Cookie Notice.

Information Disclosures Requested by You:

You may transmit information to third parties or request us to do so, including the general public. For example, you may voluntarily message others via PenguinLearn LLC, d/b/a Penguinlearn (operated by PenguinLearn), upload data to your user profile, disclose information to teachers and other participants in Classes or Activities, and so on. We expect everyone to respect the privacy of others.

We are located in the United States. Our service providers are located and process personal data in various countries, primarily the United States, Canada, Australia, New Zealand, and the United Kingdom. Our third-party analytics and advertising vendors are primarily located in these countries but may also include vendors in the European Union, United Kingdom, South Korea, and Japan.

If transferring your data outside your country requires your consent or other transfer process, we intend to follow the requirements. Our legal reason for processing your information is generally to fulfill a contract with you (paid or free) or allow you to provide Services on our platform.support@penguinlearn.comif you have questions.

Where permitted under applicable law, you have the right to request access to your Personal Information, delete it, or correct it. If you are a Parent, Teacher, or Partner, you can access and update your PenguinLearn LLC, d/b/a Penguinlearn (operated by PenguinLearn) account settings by logging in and viewing the Account Settings tab.

To exercise these rights or if you are a Parent/Guardian wanting to change or delete your Child’s data, please contact us atsupport@penguinlearn.com. Deleting your account may impact multiple Learners if not otherwise specified. Once deleted, you cannot reinstate the activities, classes, or other history. We may request additional information to confirm your identity before processing your request.

Some features on our websites or in our applications may be blocked or provided in a limited form to restrict the collection or sharing of data from children (typically under 13 or the age required by local law) or to prevent them from interacting with adults.

Please contact us if you have any comments or questions about this Notice or our information processing practices by emailing support@penguinlearn.com

We take steps to protect the personal data that we collect from loss, misuse, and unauthorized access. However, the Internet cannot be guaranteed to be fully secure, and we cannot ensure the security of content or information you provide to us. You are also responsible for protecting your account credentials.

We retain the information we collect for the duration of our services with you. For Parents and Learners, this is generally one year past the time you cease interacting with us, or sooner by request. For Teachers, local law may dictate certain retention periods for payment purposes.

Please see our supplemental notices for additional privacy-related information:

• For California

If your area is not listed, please reach out to us if you would like more information.