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 immediately, 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.

Your Data Protection Rights & Choices

You, including any data subject that has its personal data processed by BotPenguin in its capacity of data controller, may have the following rights depending on the applicable legislation in your jurisdiction:

4.1 If you wish to confirm the existence of processing of your personal data or access your personal data that BotPenguin collects, you can do so at any time by contacting us.

4.2 You can also contact us to update, correct incomplete, inaccurate, or outdated data or delete information in your account. See more details on how to delete your account.

4.3 You have the right to request information about data sharing and with whom it is shared.

4.4 You have the right to request information about the possibility of not providing consent and the consequences of refusal.

4.5 If you are in the European Economic Area (“EEA”), the UK, Brazil or Switzerland, you can object to processing of your personal data, ask us to restrict processing of your personal data processed with consent, or request portability of your personal data where it is technically possible.

4.6 Similarly, if you are in the EEA, the UK, Brazil or Switzerland, and provided we have collected and processed your personal data under your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal data conducted in reliance on other lawful processing grounds.

4.7 You have a right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects ("Automated Decision-Making");

4.8 You have the right to obtain additional information about international transfers of your Personal Data and access the contractual regulation of such transfers.

4.9 You have the right to complain to a data protection authority about our collection and use of your personal data.

You may submit your request by sending an email to dpo@botpenguin.com We will respond to all requests in accordance with applicable data protection laws.

Access to Data Controlled by our Customers. We don’t have any direct contractual relationships with customers’ Subscribers, i.e. the individuals whose personal data is stored by our customers the Service. An individual who seeks access, or who seeks to correct, amend, or delete personal data processed in the Service by our customers is advised to initially direct their request to the Customer directly.

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. Being a user, if you do not wish to receive 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.

If you wish to opt out of any data processing activities that are optional or based on consent, you may submit a request by emailing dpo@botpenguin.com. Our team will review and process your request in accordance with applicable laws and within the required timelines.

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 Our servers, where we store your personal data, are located in AWS / Stockholm (eu-north-1).

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.

WHAT ARE COOKIES?

Cookies are small text files stored on your device (computer, tablet, or mobile) when you visit a website. They are commonly used to recognize your device, remember preferences, and provide certain functionalities.

7.1 OUR CURRENT USE OF COOKIES

As of the date of this policy, we do not use cookies of any kind, including:

(i) Strictly Necessary Cookies

(ii) Performance and Analytics Cookies

(iii) Functional Cookies

(iv) Advertising and Targeting Cookies

7.2 FUTURE USE OF COOKIES

If in the future we introduce cookies or similar technologies to improve website performance, user experience, or for any other purpose, we will:

(i) Update this Cookie Policy to provide clear and detailed information.

(ii) Seek user consent where required under applicable laws (e.g., GDPR).

(iii) Provide options to manage cookie preferences.

7.3 CHILDREN’S PRIVACY

Our website is not intended for children under 16. Since we do not use cookies at present, no cookie-based data is knowingly collected from children.

7.4 UPDATES TO THIS COOKIE POLICY

We may update this Cookie Policy periodically if our practices change. Any updates will be posted on this page, and where legally required, we will seek your consent before activating non-essential cookies.

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.

USE OF GOOGLE WORKSPACE API AND DATA ACCESSED

10.1 We adhere strictly to the terms of service and privacy regulations of all third-party APIs used in our products. We do not utilize Google Workspace APIs for developing, improving, or training generalized artificial intelligence (AI) and/or machine learning (ML) models. Our use of these APIs is confined strictly to the purposes specified, ensuring compliance with all applicable laws and Google’s policies.

HOW TO CONTACT US

11.1 Please also feel free to contact us at contact@botpenguin.com if you have any questions about this Privacy Policy.

You can also contact our Data Protection Officer: Ajay Pratap Sudhakar via e-mail: dpo@botpenguin.com

As we do not have an establishment within the European Union, we have appointed an EU Representative as required under GDPR Article 27. Data subjects and supervisory authorities may contact our EU Representative for all matters related to processing of personal data. Representative Entity Name is Cubes srl which can be contacted via email at info@cubessrl.it