At PunkPanda, our top priority is protecting the confidentiality of Your personal data, traffic data and communications content.
1) WHAT IS PunkPanda?
2) WHAT INFORMATION DOES PUNKPANDA GATHER?
PunkPanda may gather information about You, including (but not limited to) information in the following categories:
(a) Identification data (e.g., name, address, telephone number, cell number, email address);
(b) Profile information (e.g., age, sex, country of residence and any information that You choose to make available to others as part of Your User Profile (as defined in Section 6 below);
(c) Electronic identification data (e.g., IP addresses, cookies);
(d) banking and payment information (credit or debit card information, account number), which will be encrypted and retained in accordance with commercially reasonable practices;
(e) survey results;
(f) information about Your usage of and interaction with Sites, the App, and/or the Services, PunkPanda’s software, products and websites, including computer and connection information, device capability, bandwidth, statistics on page views, and traffic to and from the Sites and our websites in general;
(g) products or services ordered and delivered;
(h) the URL of videos or other information, materials or content that You have selected to eShip and/or eTrack;
(i) email addresses and other contact information for Content recipients;
(j) Your User Profile;
(k) Your username and password for other email accounts where You have provided this information to us for the purposes of utilizing the Sites, the App, and/or the Services to eShip and/or eTrack Your Content, provided that PunkPanda does not retain this information as part of its Sites, App, or Services or use it for any other purpose;
(l) correspondence between You and PunkPanda;
(m) traffic data (e.g., data processed for the purpose of the conveyance of Content or the billing thereof, including, but not limited to, the size of the file, number of recipients and PunkPanda features elected);
(n) Information to validate Your identity in case You forget a password or username; and
(o) “Non-Personal Data,” which comprises information such as the configuration details of Your correspondences and will not be used to identify or contact You, habits, characteristics, age group, preferences, general lifestyle, and other innocuous questions which may be gathered for purposes of targeted advertising for PunkPanda and PunkPanda third-party sponsors, to improve and enhance the App, Services and/or the Sites, and/or statistical and other analytic information collected on an aggregate basis for all visitors to the Sites.
3) HOW DOES PUNKPANDA USE THIS INFORMATION AND FOR WHAT PURPOSE?
The provision of the Sites, the App, and the Services to You may also require us to store details of Your transactions, including without limitation the configuration details and characteristics of Your correspondences and the details of Your financial information.
PunkPanda will take instructions from You regarding the Content for which You retain our Services. PunkPanda may periodically review Your personal information, and may elect to delete personal information if You have not used the Sites, the App, or the Services for a period of time to be determined in PunkPanda’s discretion. PunkPanda may use Your personal information for the following purposes: (a) to enable You to access and use the Sites, the App, and/or the Services; (b) to personalize aspects of PunkPanda’s overall services to You; (c) to communicate with You; and/or (d) to process a transaction between You and a third party.
4) OUR DISCLOSURE OF YOUR PERSONAL INFORMATION
PunkPanda may store and process Your personal information in any country in which PunkPanda or its affiliates maintain facilities, including outside of the country from which the Content originated. By using the Sites, the App, and/or the Services, You consent to the transfer of information outside of Your country in accordance with Your eShipping and eTracking instructions. You agree that PunkPanda has no responsibility for the accuracy or completeness of any data provided by You in Your User Profile or with respect to any intended eShipping recipients.
PunkPanda may also access or process Your communications for technical reasons if required to properly route the communication, satisfy technical requirements or network policies, meet Your customer service requests, or prevent any disruption to the Sites, the App, or the Services. When PunkPanda bills customers for its Services, PunkPanda provides Your information to a credit or debit card or micro-payment processing company. PunkPanda may also keep this information on its servers so as to be able to respond to inquiries by You and/or the credit or debit card or micro-payment processing company.
In order to provide You with the PunkPanda products and services You have requested, PunkPanda may, if necessary, share Your personal and traffic data with PunkPanda’s affiliates, group companies, carriers, partner service providers and/or agents, Wifi access service providers, distributors of PunkPanda software and/or PunkPanda products, and/or third party banking organizations or other providers of payment, email delivery, analytical, customer support or hosting services. PunkPanda will use commercially reasonable practices to require these third parties to take appropriate organizational and technical measures to protect Your personal data and traffic data.
You agree that PunkPanda may use Your name or other personally identifying information, including without limitation, the name of Your employer or any affiliated business entity, any professional or business credentials or affiliations, for the purpose of identifying You as a User of the Sites, the App, and/or the Services in PunkPanda promotional material for the purpose of demonstrating the identity of its clients. As a corporate User, or a User with a high-profile or name recognition, You agree that PunkPanda is permitted to showcase Your own-branded stamp, Your logo, name or other identity on the Sites or other medium or print for the purpose of identifying PunkPanda Users and marketing the PunkPanda name, brand and the App and/or the Services.
As a User of the Sites, the App, and/or the Services without compensation to PunkPanda, You agree to participate in surveys and answer questions of a personal nature which are designed to elicit Your habits, characteristics, life stage, age, attributes, preferences, other information and/or Your opinions on a variety of topics. You agree that PunkPanda may use Your answers to such surveys or questions for its own purposes, with no consequences or obligations to You.
As PunkPanda continues to develop its business, PunkPanda might sell to or acquire other companies or business units. In such transactions, as well as in the event PunkPanda or substantially all of its assets are acquired by a third party, personal information of PunkPanda users will generally be one of the transferred business assets. We reserve the right to include Your personal information, collected as an asset, in any such transfer to a third party.
5) WHAT ARE COOKIES? HOW DOES PunkPanda USE THEM?
Cookies are pieces of information that the browser of the PunkPanda software client or Your internet browser may store locally on Your computer. Cookies enable PunkPanda to recognize You or Your preferences, gain information about the use of the Sites, and other PunkPanda websites, and help PunkPanda improve its products and websites. This information may be analyzed by third parties on our behalf.
The Help option on the toolbar of most browsers will tell You how to prevent Your browser from accepting new cookies, how to have the browser notify You when You receive a new cookie, or how to disable cookies altogether.
Please bear in mind that some personalized services may not be available if You choose to disable cookies.
PunkPanda’s advertisements appearing on third party websites are delivered to You by its carefully selected ad-serving partners (“Ad-Serving Partners”). PunkPanda and its Ad-Serving Partners may use non-personally identifiable information about Your relationship with PunkPanda’s websites in order to provide PunkPanda advertisements likely to be of greater interest to You and to help PunkPanda measure and improve the performance of its advertising campaigns. PunkPanda and its Ad-Serving Partners typically use a cookie or web-beacon to collect this information.
You may choose to opt-out of the use of Your information in PunkPanda’s advertising efforts at any time by clicking on the following link: https://punkpanda.io/contact
If You choose to opt-out, PunkPanda’s advertisements will still be delivered to You but no information about Your relationship with PunkPanda’s websites will be available for this purpose.
6) YOUR USER PROFILE
PunkPanda stores the information collected through log files, cookies, in a profile containing each user’s viewing preferences. PunkPanda uses and continues to use this information in order to identify Your interests and improve the Sites, the App, and/or the Services. Your user profile is the information provided by You when You registered for and use the Sites, the App, and the Services. It may include Your PunkPanda user name, full name, email address, telephone and mobile numbers, country, language, and any other information that You decide to make available (collectively, such information comprises Your “User Profile”). You can access Your User Profile from the Account Details section via www.PunkPanda.io, as well as the App, desktop and other App-based versions of PunkPanda, in order to view, correct or complete information, remove non-mandatory information and to see the privacy settings associated with Your User Profile information.
7) LINKED WEBSITES AND THIRD PARTY APPLICATIONS
If You use any extras, plug-ins or third party applications together with the PunkPanda software, the App, and/or the Services (“Applications”), the provider of such Applications may obtain access to certain personal information about You. PunkPanda does not and cannot control how the provider of Applications may use any personal information collected in connection with such Applications. Please ensure that You review any privacy policies or other terms applicable to the use of such Application before installation.
8) HOW DOES PunkPanda PROTECT YOUR PERSONAL INFORMATION?
PunkPanda uses industry standard encryption methods to prevent unauthorized access to customer documents and account information stored on its servers. PunkPanda protects Your information off-line by restricting access to and within its facilities. Your personal and traffic data can only be accessed by authorized employees or consultants of PunkPanda or the concerned PunkPanda group entities that need to have access to this data in order to be able to fulfill their given duties. PunkPanda will comply with all applicable laws, rules and regulations in handling Your transactions.
Your personal data is held on servers hosted by our Internet Service Provider, and on servers hosted by our payment processing companies. The nature of the Internet is such that we cannot guarantee or warrant the security of any information You transmit to us via the Internet. No data transmission over the Internet can be guaranteed to be 100% secure. However, we will take commercially reasonable steps (including appropriate technical and organizational measures) to protect Your personal data.
9) CONTACTING YOU
Notification via email and other means of contact designated by You (phone call, SMS, etc.) of eShipping and eTracking are an integral part of the Sites, the App, and/or the Services. To enable such notification service, You acknowledge and agree to provide Your email address, phone number, cell number or contact means, as You may select and consent for such use in connection with the Sites, the App, and/or the Services.
When You use the Sites, the App, and/or the Services, PunkPanda may from time to time ask You to provide information on Your experiences which will be used to measure and improve quality. You are at no time under any obligation to provide any response. Any and all information which is voluntarily submitted in feedback forms on the Sites, or the App or any survey that You agree to take part in is used for the purposes of reviewing this feedback and improving the PunkPanda software, PunkPanda products and websites.
PunkPanda may contact You to send You messages about faults and service issues. Further, PunkPanda reserves the right to use email, the PunkPanda software or SMS to notify You of any eventual claims related to Your use of PunkPanda software, the Sites, the App, and/or the Services, other PunkPanda websites and/or PunkPanda products, including without limitation claims of violation of third party rights.
PunkPanda may send You alerts by email or SMS to notify You when someone has tried to contact You. PunkPanda may also use email, SMS or the PunkPanda software to keep You up to date with news about the PunkPanda software and PunkPanda products that You have purchased and/or to inform You about other PunkPanda products or other PunkPanda related information. You can opt-out of the receipt of alerts and/or promotional emails or SMS by clicking the ‘unsubscribe’ link on the email that You receive or by signing into PunkPanda and accessing Your My PunkPanda page via www.PunkPanda.io, as well as the App, desktop and other app-based versions of PunkPandaPunkPanda.
If You have registered for or use co-branded PunkPanda products, the emails or SMS that You receive may be from our partner company, acting on PunkPanda’s behalf.
PunkPanda reserves the right to communicate through the Sites, the App, and/or the Services or otherwise, from time to time, additional rules of usage that apply to specific parts of the Sites, the App, and/or the Services. Your continued use of the Sites, the App, and/or the Services, constitutes Your agreement to comply with these additional rules.
11) WHAT RIGHTS DO YOU HAVE AND HOW CAN YOU CONTACT PunkPanda?
You have the right to access and, where relevant, to amend Your personal information. You may inform us of any changes in Your personal data, and in accordance with our obligations under the Data Protection Acts of 1998 and 2002 we will update or delete Your personal data accordingly. Some of Your information may be viewed or edited online by signing into Your account page on www.PunkPanda.io. We will respond to requests to view, correct, complete or remove Your personal information within a reasonable period of time and upon verification of Your identity. Please address any questions to us at privacy@PunkPanda.com.
PunkPanda will exercise commercially reasonable efforts to accommodate requests to delete personal information unless it is required to be retained by law or for lawful business purposes.
12) HOW LONG IS YOUR PERSONAL DATA KEPT BY PunkPanda?
A record of Your eShipping and eTracking of Content may be stored by PunkPanda to convey and synchronize Your messages and to enable You to retrieve Your eTracking and eShipping history. However, PunkPanda is under no obligation to maintain or store any such historical records and You should not rely on PunkPanda’s storage of, or ability to retrieve, any such historical records for any reason. Historical records and Your eShipping and eTracking of Content will be stored for the maximum period of time required by law from the date of the initiation of the eShipping of the Content. By using the Services, You consent to the storage of Your Content.
15) SAFE HARBOR CERTIFICATION
To the extent required, PunkPanda is a participant in the Safe Harbor program developed by the U.S. Department of Commerce and the European Union. We have certified that we adhere to the Safe Harbor Privacy Principles agreed upon by the U.S. and the E.U. For more information about the Safe Harbor and to view our certification, visit the U.S. Department of Commerce’s Safe Harbor web site. We also comply with all applicable privacy laws of each of the fifty states comprising the United States of America. In the event that any dispute arising out of or related to this policy is not settled by the parties, the parties will attempt in good faith to resolve such dispute by non-binding mediation in accordance with the American Arbitration Association Commercial Mediation Rules. No litigation for the resolution of such dispute may be commenced until the parties try in good faith to settle the dispute by such mediation in accordance with such rules and either party has concluded in good faith that amicable resolution through continued mediation of the matter does not appear likely. The parties to the mediation shall share the costs of mediation equally. Any settlement reached by mediation shall be recorded in writing, signed by the parties, and shall be binding on them.
PunkPanda, to the extent required, participates in the EU Safe Harbor Privacy Framework as set forth by the United States Department of Commerce. As part of our participation, we have agreed to the resolution of disputes relating to our compliance in accordance with the Safe Harbor Privacy Framework. If You have any complaints regarding our compliance with the Safe Harbor program You should first contact us. If contacting us does not resolve Your complaint, You may raise Your complaint with PunkPanda by contacting the American Arbitration Association at 6795 N. Palm Avenue, 2nd FL, Fresno, CA 93704, Tel: 877-528-0880, Fax: 559-490-1919; email: firstname.lastname@example.org; internet: www.adr.org. If You are faxing or mailing the American Arbitration Association to lodge a complaint, please include the following information: the name of company, the alleged privacy violation, Your contact information, and whether You would like the particulars of Your complaint shared with the company.
16) Governing Law; Jurisdiction; Venue
This section shall govern in the event the Safe Harbor Protocol provision referred above in Paragraph 13 of this Agreement inapplicable or rendered moot.
This Agreement and any claims or disputes for all purposes related to access and/or use of the Sites, the App, and/or the Services will be governed by and construed in accordance with the laws of England and Wales. Such laws shall exclude any conflict of law provisions. All actions or proceedings based on or relating to Sites, the App, and/or the Services, or alleging a breach of this Agreement will be subject to the exclusive jurisdiction of a competent court located in those jurisdictions; provided, however, that in PunkPanda’s sole discretion such an action may be heard in some other place designated by it if necessary to acquire jurisdiction over third persons so that the dispute can be resolved in one action. You hereby agree to appear in any such action, consent to the jurisdiction of such courts, and waive any objections You might have as to jurisdiction or venue in any such court. You knowingly and willingly waive Your respective right to a trial by jury in any actions or proceedings under or relating to Your access and/or use of the Sites, the App, and/or the Services.
You agree that the prevailing Party in any such action or proceeding shall be entitled to recover reasonable attorneys’ fees and all costs incurred by such Party in the course of prosecuting or defending any action or proceeding brought under this Agreement.