Privacy Policy

If you have questions about this Privacy Policy, please contact our Privacy Administrator at the following address:

THE PENGUIN  www.thepenguinradio.com
106 N Main
West Lebanon, NH 03784
Attn: Privacy Administrator

This Privacy Policy does not cover any website functions other than those described below.

Your privacy is very important to us. Because we may gather certain types of personally identifiable information (­Personal Information­) from users of our website and for various Station activities, operational and business purposes, we feel you should know how we may collect, use, disclose, manage, and store the Personal Information that you may voluntarily provide us and the Personal Information that may be collected passively through the use of cookies or image tags on our website. This Policy applies only to the Personal Information collected by this Site and does not govern any such information collected by its corporate parent(s), affiliates, or any other company, unless specifically stated.

This Policy provides information regarding your choices to either Opt-out or Opt-in when your Personal Information is used for various promotional and marketing purposes by the Station, Site, its corporate affiliates, and/or our advertisers, sponsors, or promotional partners (collectively, ­Advertisers­).

If you do not agree with this Privacy Policy, please do not participate in the Station­s online activities and services that may require you to provide your Personal Information. (The type of Personal Information that may be collected is listed below.)

GENERAL PRIVACY GUIDELINES

Unless specified otherwise on the Site, all users must be at least 18 years of age and a resident of the United States to participate in any activity that requires the submission of Personal Information This Site is designed and targeted to United States (U.S.) audiences and is governed by and operated in accordance with the laws of the U.S. We make no representation that this Site is operated in accordance with the laws or governed by other nations. By your participation in our Site activities, you certify that you are at least 18 years of age and a resident in the U.S. If you are located in the European Union or elsewhere outside of the U.S. and you participate in activities on this Site contrary to our policy that only U.S. residents are eligible for certain activities, you do so at your own risk and initiative, and are responsible for compliance with any of your applicable local or national laws. Please be aware that any Personal Information you transfer to us will be transferred to and processed in the U.S and be subject to U.S. law. By using this Site, participating in any Site activities, and/or providing us with your Personal Information, you consent to this transfer of Personal Information to the U.S., and waive any claims that may arise under your own local or national laws. All users of the Site are required to provide true, current, complete and accurate Personal Information when prompted and we will reject and delete any entry that we believe in good faith to be false, fraudulent, or inconsistent with this Privacy Policy.

Your continued participation on this Site indicates your acceptance of this Privacy Policy and of the collection, use, disclosure, management and storage of your Personal Information as described below. We may from time to time, transfer or merge any Personal Information collected off-line to our online databases or store off-line information in an electronic format. We may also combine Personal Information we collect online with information available from other sources, including information received from our corporate affiliates, Advertisers, or marketing companies. This Privacy Policy will remain in full force and effect as long as you are a user of the Site or a participant in Station activities. We reserve the right to revise this Privacy Policy at any time by updating this document without advance notice to you. Such revisions shall be effective to you immediately upon posting. Notice of material changes to this Privacy Policy may be posted on the Site­s homepage. However, we encourage you to check this Privacy Policy often for updates.

We may use your Personal Information to provide you with the features, services, or goods you request, to respond to billing and/or other such questions related to the Station or Site, and to notify you about updates, new features, programming and activities on behalf of the Station, Site, or our Advertisers that may be of interest to you. (The next section describes our policy regarding the collection, use and disclosure of Personal Information to Advertisers.) We may also use your information for hiring, operational and business purposes, to find out how we can improve our Station and Site via surveys or online tracking mechanisms and to develop new services and features that may be of interest to you. We may use aggregate Personal Information to help us to evaluate and modify existing services and features.

For specific purposes (such as the purchase of goods and services) we may request a type of confidential personally identifiable information which shall be called ­Sensitive Personal Information­ and traditionally includes an individual­s: (1) social security number; (2) driver­s license number or state identification card number; (3) employee identification number; (4) account number, credit or debit card number, with or without any required security code, access code or password that would permit access to an individual­s financial account; (5) mother­s maiden name; (6) passport number; or (7) electronic or digitized signature.

We will not sell, exchange, rent, lease or otherwise disclose your Personal Information or Sensitive Personal Information to other third-party marketers or any such persons that are not associated with the Station as Advertisers unless it is necessary to: 1) conform to regulatory and legal requirements or to comply with legal process; 2) to protect the safety and security of our users, employees, or property; 3) to defend the rights of the Site or the Station; or 4) to enforce the Terms of Use Agreement.

We may share your Personal Information with our corporate parents and affiliated entities primarily for business and operational purposes.

It is also necessary that we share your Personal Information and Sensitive Personal Information with our operational service providers, the third party specialists that provide internal support to Station operations and activities and/or for Site design, development, hosting and operations including maintenance, management, storage and/or fulfillment of our membership and e-mail clubs, various contests, sweepstakes, services, events and online stores. We use operational service providers to efficiently provide the full range of content, activities and membership services we bring to you.

WEBSITE COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION

Generally, you may browse this Site without providing any Personal Information. For certain activities (including but not limited to contest and sweepstakes registrations, membership, music sampling and surveys, news/sports/weather alerts, or registration for chat rooms and message boards) the Personal Information you may voluntarily provide may include your first/middle and last name, home address, business address, email address, telephone number, mobile phone/text messaging device number, birth date, gender, employer or personal preferences, depending on the activity. If Sensitive Personal Information is collected, it will only be used to implement the specific activity or event it was submitted for. We will not share your Sensitive Personal Information with Advertisers.

DISCLOSURE TO ADVERTISERS

Advertising support allows us to offer, free of charge, many great activities and services to our users such as contests, sweepstakes and special events. Therefore, we may also use your Personal Information for the marketing of events, products or services of our Advertisers. There are two ways users may receive such information from Advertisers, either indirectly via newsletters, email or direct mail from the Site, or directly from the Advertiser. We may use one or both methods depending on the activity and the Advertiser.

OPT-IN clause for current practice of disclosing information to advertisers, sponsors and promotional partners:

When we plan to share your Personal Information with Advertisers, you will receive such notice on the Site, in the rules of participation (­Rules of Participation­) for the activity or event, or via an email notice. However, please be informed that our Advertisers may not have the same privacy policies that we do. Therefore, we will ask you for your consent first to receive marketing information directly from our Advertisers. You will need to check the ­Opt-in­ click boxes that may be located on the registration area for the particular activity or event, in an email, or notify the Site­s Privacy Administrator. However, if you do not wish to receive marketing or promotional materials from the Site and/or Station, you will need to tell us so by clicking the ­Opt-Out­ click boxes that may be included on the registration area for the particular event, or alternatively, notify the Site­s Privacy Administrator. Please note that this notification process for marketing materials from the Site and/or Station is different than the one for Advertisers.

­OPT-OUT­ clause for current practice of disclosing information to advertisers, sponsors and promotional partners:

When we plan to share your Personal Information with Advertisers, you will receive such notice on the Site, in the rules of participation (­Rules of Participation­) for the activity or event, or via an email notice. However, please be informed that our Advertisers may not have the same privacy policies that we do. Therefore, you will need to tell us if you do not want to receive marketing information directly from our Advertisers. You will need to check the ­Opt-out­ click boxes that may be located on the registration area for the particular event, in an email, or alternatively, notify the Site­s Privacy Administrator. You will also need to tell us if you do not wish to receive marketing or promotional materials from the Site and/or Station in the same manner.

COOKIES AND IMAGE TAGS

The use of cookies is an industry standard and they are currently used on most websites, including this Site. Cookies are a small text file containing a unique identification number that is transferred from a website server to either your browser or temporary storage of a user­s computer so that the website administrator or a third-party operational service provider may identify the computer and passively track the user­s activities on the website. Image tags work in conjunction with cookies and are small image files that may be located on select pages of our Site, or with-in web-based email newsletters that we may send. (Image tags are also called web beacons, web bugs, clear GIFs or single-pixel GIFs.) Tracking is important because we can better understand what parts of our website are used the most, when to launch new services and how to enhance current offerings. We may share the information we receive from cookies and image tags with third-parties and our Advertisers in aggregate form, which means that such information does not contain specific Personal Information or Sensitive Personal Information about any one visitor.

In short, cookies and image tags collect a user­s Internet protocols and server information. Such data files allow our Site to remember your web browser when you visit our Site and are necessary tools for quick and efficient access to membership clubs, awards programs and contests. A cookie will not allow the Site to learn any Personal Information (such as your real name and email address) or Sensitive Personal Information that you have not otherwise disclosed. Cookies and image tags allow the Site to remember important information that will make the Site easier for you to use and help us in our administration of various activities. We do not use cookies or image tags to collect other Personal Information or Sensitive Personal Information unless you give us permission to do so.

This Site may contain advertisements, references and links to other services, websites and organizations. Third party Advertisers may also display or serve advertising on the Site and communicate with you. Often these Advertisers employ cookie, image tags and other technologies to measure advertising effectiveness. You should be aware that different rules might apply to the collection, maintenance, use and disclosure of your information by third parties in connection with their advertisements, promotions and other websites you encounter on the Internet. The use of such technology by these third parties is within their control and not ours. Even if we have a relationship with a third party, we do not control their websites, their technology or their policies and practices regarding your Personal Information. This Privacy Policy does not cover any use of Personal Information or Sensitive Personal Information that a third party, an Advertiser or non-affiliated ad server may collect from you. We encourage you to investigate and ask questions directly of them in this regard.

We use third-party advertising companies to serve ads when you visit our Site. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here: (http://www.networkadvertising.org/managing/opt_out.asp).

You may also choose to have your computer warn you each time a cookie or image tag is being sent, or you can choose to turn off all such devices. This is done through your browser on your computer by turning off the setting that allows it to accept third party cookies. If you turn cookies off in this manner, you may not have access to many features at our Site that make your Internet experience more efficient and personal, and some of our features or Advertiser features or services may not function properly.

CHILDREN­S PRIVACY POLICY

Although persons of all ages may visit our Site and participate in activities that do not require the collection of Personal Information or Sensitive Personal Information, we do not knowingly or intentionally collect Personal Information or Sensitive Personal Information from persons under the age of 18 (also called a minor). Except for the limited circumstances listed below, we will automatically reject and delete the registration or entry of any person we believe in good faith to be underage. Any false or fraudulent registration or entry from minors (under the age of 18 or the age of adulthood in your State) will be deemed to be ineligible and will disqualify the minor from the receipt of a prize, benefit, or other participation.

Consistent with the Children­s Online Privacy Protection Act of 1998 (­COPPA­), which governs the online collection of Personal Information from children under the age of 13, we will not knowingly collect, use, store, or disclose any child­s Personal Information to a third party without prior verifiable parental consent except to meet Federal Communications Commission (­FCC­), or other regulatory and legal purposes.

REVIEW, UPDATE, CORRECT, OR DELETE PERSONAL INFORMATION OR SENSITIVE PERSONAL INFORMATION

Generally, you may review, update or delete your Personal Information or Sensitive Personal Information, if any, collected by the Site. You may also correct factual inaccuracies. Certain types of Personal Information that is necessary to check eligibility, such as birth date or age, cannot be deleted, but may be modified with sufficient verification of the new information. Note that we reserve the right to terminate or delete any membership or entry if we believe the Personal Information submitted was knowingly false or fraudulent.

To review, update or delete your Personal Information or Sensitive Personal Information collected by the Site, please email the Site­s Privacy Administrator the address provided above. To have access to your Personal Information or Sensitive Personal Information, you must provide proof of identification such as full name, street address, city/state and zip code, user ID and password, and/or information about your recent activity on the website. We reserve the right to deny access to any user if we believe there is a question about your identity. And if the burden or expense of providing access to your Personal Information is disproportionate to the risks to your privacy, or if the legitimate rights of others would be violated, we may decide not to provide access to such information. In such cases, we will provide to you an explanation of why access cannot be provided and a contact person for further inquiries.

SECURITY MEASURES

We maintain reasonable standards of security and confidentiality for the collection, use, and storage of of non-sensitive Personal Information. However, this Site, as do most Internet websites, collects such information over an unsecured transmission. Please note that when users transmit Personal Information over an unsecured Internet connection, the Site is not responsible for the security of that information during the transmission stage as your email or registration could be copied or intercepted by unknown third parties. Therefore, you understand, acknowledge, and agree that you transmit certain Personal Information over this Site at your own risk.

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