Privacy Policy

PRIVACY POLICY

I. General

A. In the course of serving its customers, Vertical Penguin may acquire, store and transmit customer communications and information that customers may regard as private or sensitive. Some of this information, such as the customer's name, address, telephone number, and credit card data, is provided to Vertical Penguin by its customers in order to establish service. Other information, such as the customer's account status, choice of services, and customer log(s), is created and maintained by Vertical Penguin in the normal course of providing service.

B. Vertical Penguin also uses cookies, which are small pieces of information that a website can store in a designated file on a user's computer for various reasons. For example, Vertical Penguin uses cookies on the landing pages of products sold online which record the customer information that is required on the order form. This information is then forwarded to an internal sales tracking database within Vertical Penguin. In addition, Vertical Penguin may store customers' electronic mail and other communications as a necessary incident to the transmission and delivery of those communications.

C. This Privacy Policy applies only to Vertical Penguin's treatment of data collected online, and does not apply to any offline data collection practices or to the data collection practices of any third parties, Vertical Penguin customers, or any entities affiliated with Vertical Penguin. Also, please note that use of Vertical Penguin's website constitutes acceptance of this Privacy Policy.

D. Vertical Penguin's policies and procedures for handling customer information have been created with the understanding that Internet technologies are still evolving and that Internet business methods are continuing to evolve to meet the needs and opportunities of the changing technologies. As a result, Vertical Penguin's policies and procedures are subject to change. Changes will be posted to the website, without notice, and users agree to be bound by those changes.

E. If you have questions about this Privacy Policy, please contact us via e-mail, telephone or U.S. Mail at the following addresses:

Vertical Penguin, 1257 Iris St. #6, San Luis Obispo, Ca 93401.

Phone: 1-888-201-4131

Email: info@verticalpenguin.com

II. Data Security

A. Vertical Penguin protects the confidentiality of its customers' information, account information and personal communications.

B. To secure the information collected online, prevent unauthorized access, maintain data accuracy and ensure only appropriate use of information that is collected from customers, Vertical Penguin has implemented appropriate physical, electronic, and managerial procedures.

C. Vertical Penguin requires that employees keep customer information confidential. Vertical Penguin cautions its customers and website visitors that no medium of communication, including the Internet, is entirely secure. Accordingly, Vertical Penguin cannot be responsible for loss, corruption or unauthorized acquisition and use of personal information provided to our website, or for any damages resulting from such loss, corruption, unauthorized acquisition or unauthorized use.

III. How is customer information used?

A. Vertical Penguin may share customer information with selected partners, for example, to provide customers with information about products which might be of interest to the customer or to enable the customer to take advantage of special partner programs. Vertical Penguin may also use customer information to provide its customers with system information or information about new or upgraded products.

B. In addition, Vertical Penguin may share its web site usage information about visitors to Vertical Penguin's web sites with a third-party advertising company for the purpose of targeting Vertical Penguin's Internet banner advertisements on Vertical Penguin's sites and other sites. For this purpose, Vertical Penguin and such third-party advertiser may note some of the pages visited on Vertical Penguin's web site through the use of pixel tags (also called clear gifs). The information collected by the third-party advertiser through the use of these pixel tags is not personally identifiable.

C. In the case of a business transaction, including but not limited to, a merger or sale of a portion of Vertical Penguin's assets, customer information will likely be part of the assets transferred. In this event, Vertical Penguin will attempt to notify impacted customers that their information has been transferred.

IV. Opt Out & Modifications

A. Customers may opt out of receiving notices of new or upgraded products from Vertical Penguin and Vertical Penguin partners by filling out our on-line "NO SOLICITION" request form. However, customers may not opt out of receiving information from Vertical Penguin which is essential for maintaining or updating customers' accounts or system information.

B. Customers may access and modify their personal information via their online personal control panel/account information page.

C. Domain name customers who have registered a domain name with Vertical Penguin and wish to change the Technical Contact/Domain Host from Vertical Penguin to another company may send a request to info@verticalpenguin.com . It is important to note that customer domain name registration information is made publicly available in the registry of domain names.

V. Disclosure of customer information and communications

A. Vertical Penguin will not otherwise disclose its customers' personal and account information unless Vertical Penguin has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of Vertical Penguin, Vertical Penguin's customers, or others, or where Vertical Penguin has a good faith belief that the law requires such disclosure.

B. Vertical Penguin also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail or other electronic communications that Vertical Penguin stores or transmits for its customers. The circumstances under which Vertical Penguin will disclose such electronic customer communications are when:

1.it is necessary in order to provide service to the customer;

2.it is necessary to protect the legitimate interests of Vertical Penguin and its customers;

3.it is required to cooperate with interception orders, subpoenas, warrants, or other legal process that Vertical Penguin determines in its sole discretion to be valid and enforceable;

4.it is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by Vertical Penguin and appear to pertain to the commission of a crime.

C. Vertical Penguin disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. Vertical Penguin will, however, review, delete or block access to communications that may harm Vertical Penguin, its customers or third parties. The grounds on which Vertical Penguin may take such action include, but are not limited to, actual or potential violations of Vertical Penguin's Terms and Conditions of Use.

Last revised 01/29/08