Summary: This policy applies to all registered Pengine users and also visitors of our platform. When handling the data of end-customers of Pengine users, we act as a “data processor” and Pengine merchants are responsible for ensuring their data is protected and handled in accordance to all applicable laws.

Who does this policy apply to?

• If you are a Pengine customer or subscriber, or just visiting our website, this policy applies to you.
• For your customers who are just making a purchase of your goods through Pengine, but are not registered users, we act as the “data processor” for you, the merchant: this means we only process their data to help us provide our service to you, or in accordance with your instructions, or as required by law. You are responsible for making sure that their personal data is treated in accordance with applicable data protection laws. That includes informing them how service providers (like us) collect and use data on your behalf.

Our responsibilities

If you are a registered Pengine customer or a visitor to our website we act as the “data controller” of personal data. This means we determine how and why your data are processed.

Your responsibilities

• Read this Privacy Policy
• If you provide us with personal information about other people (i.e. if you are registering on behalf of someone else, or you are transmitting data from your customers), or if others give us your information, we will only use that information for the specific reason for which it was provided to us. By submitting the information, you confirm that you have the right to authorise us to process it on your behalf in accordance with this Privacy Policy.

Summary: Pengine collects your data in all of our interactions from the moment you visit our website. Some data is collected automatically, and some data is only collected with your consent.

With your consent we collect your data when:

• You register for an account
• You upload content to Pengine using our Product Designer tool
• You integrate Pengine through API’s (Ours, 3rd party storefronts, website builders, etc….)
• You publish products to 3rd party sales channels
• We email each other
• You contact our support and/or success team (we may also collect call audio, which we will disclose on the call)
• When you connect with us on social media
• You request a demo of Pengine
• You participate in a user research study
• You opt-in to marketing messages
• Enter a sweepstakes or contest, or register for a promotion
• Participate in our user referral program

Automatically we collect your data when:

• You browse any part of our website
• You use Pengine to create products
• You read our help section
• You order products from Pengine

Summary: Pengine collects different kinds of data and we process that data for different purposes.

Contact details and basic information

Your name, address, telephone number, email address…

Financial information

Your Paypal account email, credit/debit card details…

Data from your content and products

The products you have designed, the artwork you have uploaded…

Contractual Data

The sales you have made, your customers’ data, store name, order details…

Data that identifies you

Your IP address, login information, browser type and version, time zone setting, browser plug-in types, geolocation information about where you might be, operating system and version…

Data on how you use Pengine

Your URL clickstreams (the path you take through our site), products/services viewed, page response times, download errors, how long you stay on our pages, what you do on those pages, how often, and other actions…

What about really sensitive data?:

We don’t collect any “sensitive data” about you (like racial or ethnic origin, political opinions, religious/philosophical beliefs, trade union membership, genetic data, biometric data, health data, data about your sexual life or orientation, and offences or alleged offences).

What about children’s data?:

Pengine is a business-to-business service directed to and intended for use only by those who are 18 years of age or over. We do not target Pengine at children, and we do not knowingly collect any personal data from any person under 16 years of age.

Summary: According to Data Protection Law, we can only process your data for specific purposes and only when we have a legal basis to do so. The reasons are outlined below.

Keeping Pengine running

Managing your requests (like creating products, integrating sales channels, completing transactions and fulfilling orders), login and authentication, remembering your settings, processing payments, hosting and back-end infrastructure.

Legal basis for processing data: contract, legitimate interests

Improving Pengine

Testing features, interacting with feedback platforms and questionnaires, managing landing pages, heat mapping our site, traffic optimization and data analysis and research, including profiling and the use of machine learning and other techniques over your data and in some cases using third parties to do this.

Legal basis for processing data: contract, legitimate interests

Customer support

Notifying you of any changes to our service, solving issues via live chat support, phone or email including any bug fixing.

Legal basis for for processing data: contract

Marketing purposes (with your consent)

Sending you emails and messages about new features, products and services, and content.

Legal basis for processing data: consent

Consent:

You have given clear consent for us to process your information for a specific purpose.

You can withdraw your consent at any time.

Contract:

Processing your data is necessary for a contract you have with us, or because we have asked you to take specific steps before entering into that contract.

Legitimate interests:

Processing your data is necessary for our legitimate interests or the legitimate interests of a third party, provided those interests are not outweighed by your rights and interests.

These legitimate interests are:

• gaining insights from your behaviour on our website or in our app
• delivering, developing and improving the Pengine service
• enabling us to enhance, customise or modify our services and communication
• determining whether marketing campaigns are effective
• enhancing data security

In each case, these legitimate interests are only valid if they are not outweighed by your rights and interests.

Summary: When it comes to your data and privacy, you have a lot of control for what Pengine can do. All of your data settings can be managed from your Pengine account page. These include your rights to review, correct and delete your data.

Your rights

You have the right to access information we hold about you

This includes the right to ask us supplementary information about:

• the categories of data we’re processing
• the purposes of data processing
• the categories of third parties to whom the data may be disclosed
• how long the data will be stored (or the criteria used to determine that period)
• your other rights regarding our use of your data

We will provide you with the information within one month of your request, unless doing so would adversely affect the rights and freedoms of other (e.g. another person’s confidentiality or intellectual property rights). We’ll tell you if we can’t meet your request for that reason.

You have a right to see what personal information has been shared with third parties.

California Civil Code Section § 1798.83 allows users of our Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. You have the right to make us correct any inaccurate personal data about you.

If after accessing your information, you believe that we have incorrect or inaccurate data, you can request us to change or correct it.

You can object to us using your data for profiling you or making automated decisions about you

We may use your data to determine whether we should let you know information that might be relevant to you (for example, tailoring emails to you based on your behaviour). Otherwise, the only circumstances in which we will do this is to provide the Pengine service to you.

You have the right to port your data to another service

We will give you a copy of your data in CSV or JSON so that you can provide it to another service. If you ask us and it is technically possible, we will directly transfer the data to the other service for you. We will not do so to the extent that this involves disclosing data about any other individual.

You have the right to be ‘forgotten’ by us

You can do this by asking us to delete any personal data we hold about you, if it is no longer necessary for us to hold the data for purposes of your use of Pengine. You have the right to lodge a complaint regarding our use of your data Please tell us first, so we have a chance to address your concerns. If we fail in this, EU residents can address any complaint to the relevant data authority from this list: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm

The US does not view privacy in the same way and has not established processes for lodging complaints for the type of data we are collecting.

Your choices

You can choose not to provide us with personal data

If you choose to do this, you can continue to use the website and browse its pages, but we will not be able to process transactions or fulfill orders without personal data.

You can turn off cookies in your browser by changing its settings

You can block cookies by activating a setting on your browser allowing you to refuse cookies. You can also delete cookies through your browser settings. If you turn off cookies, you can continue to use the website and browse its pages, but Pengine and certain services may not work effectively.

You can control certain third-party collection and use of your information

You can ask us not to use your data for marketing

We will inform you (before collecting your data) if we intend to use your data for marketing and if third parties are involved.

Summary: We do a lot of things to keep your data safe on our end, but you are also responsible for keeping your account information safe and secure. If you feel that your data has been breached, immediately change your password and get in touch with our support team.

We have physical, electronic, and managerial procedures to safeguard and secure the information we collect.

Our Infrastructure

Pengine operates on servers and cloud components that comply with strict international standards. Access to infrastructure at Pengine is securely controlled and available from specific locations only. This access is limited to specific employees only and protected by 2-factor authentication.

Data is stored in the US region by default on AWS/Azure servers and is continuously backed up. Our infrastructure’s data centres and cloud services from providers are protected by physical access controls, intrusion and fire detection systems and 24/7 professional security staff.

Document security

All documents and information are version controlled by Atlassian services by defaults, so there’s a permanent trail not only on the database level but also on the storage level.

Monitoring

We have continuous resource and infrastructure access monitoring in operation 24/7, 365 days a year. Any alerts generated by our monitoring system are sent to team members immediately and actioned. Pengine uses both third parties and in-house scans for vulnerability testing and app protection (WAF).

Training and audits

Regular third party audits are conducted at Pengine to ensure we use the latest technologies and best practices to protect data. All employees at Pengine are trained in data security and are bound by strict confidentiality provisions.

And please remember:

• You provide personal data at your own risk: unfortunately, no data transmission is guaranteed to be 100% secure
• You are responsible for the security of your username and password: keep them secret and safe.

The personal data we collect is processed at our offices in San Francisco and Riga and in any data processing facilities operated by the third parties identified below.

By submitting your personal data, you agree to this transfer, storing or processing by us. If we transfer or store your information outside the EEA in this way, we will take steps to ensure that your privacy rights continue to be protected as outlined in this Privacy Policy.

We will archive and stop actively using any personal identifiable information about you within 6 months from the last time you used Pengine. We will delete your personal data from our archives no later than 6 years from the last time you used Pengine or upon your request.

Summary: To effectively operate Pengine, we collaborate with various third parties globally. This includes partners like Shopify for e-commerce, Fulfill Engine for order fulfillment, LogRocket for web performance monitoring, and Algolia for search functionality. This section details our partnerships, their purposes, and where you can find more information about their privacy policies.

To offer the best Pengine experience, we often need to work with third parties to provide services beyond our capabilities. This includes Shopify for selling products, Fulfill Engine for fulfilling orders, LogRocket for ensuring our web platform's performance, and Algolia for enhancing search capabilities on our platform.

Sharing your data with these partners is sometimes necessary for these services to function effectively. We ensure your data is shared only when absolutely necessary, adhering to the safeguards and best practices outlined in this Privacy Policy.

Here are the main third-party service providers we work with, the data collected or shared, and why sharing is necessary.

Shopify, Inc. Privacy policy

• Contact details
• Data that identifies you
• Contractual data
• Data from your content and products

Shopify enables you to sell products on its platform, facilitating automated order fulfillment.

Fulfill Engine Privacy policy

• Contact details
• Data that identifies you
• Contractual data
• Data from your content and products

Fulfill Engine assists with order fulfillment, ensuring products are delivered efficiently to your end customers.

LogRocket Privacy policy

• Data on how you use Pengine
• Data that identifies you

LogRocket helps monitor and analyze web application performance, enhancing user experience on our platform.

Algolia Privacy policy

• Search queries
• Data that identifies you

Algolia provides search functionalities, improving the ability to find relevant products and information on our platform.

Our Print Partners

Pengine partners with a wide and constantly expanding network of print providers all over the world.

These print providers offer various products and print on demand services to our users. Each of our print partners operates as a “data processor” when an order is submitted and they sign a Data Processing Agreement with Pengine outlining how they handle and protect our users’ data.

This Data Processing Agreement outlines:

• What personal data is being sent
• How that data needs to be secured and kept confidential
• The purposes for which that data will be processed
• How long that data will be stored
• How they respond when users exercise their rights to privacy
• How they respond if a data breach occurs

We use cookies. Unless you adjust your browser settings to refuse cookies, we (and these third parties) will issue cookies when you interact with Pengine. These may be ‘session’ cookies, meaning they delete themselves when you leave Pengine, or ‘persistent’ cookies which do not delete themselves and help us recognise you when you return so we can provide a tailored service.

How can I block cookies?

You can block cookies by activating a setting on your browser allowing you to refuse the setting of cookies. You can also delete cookies through your browser settings. If you use your browser settings to disable, reject, or block cookies (including essential cookies), certain parts of our website will not function fully. In some cases, our website may not be accessible at all. Please note that where third parties use cookies we have no control over how those third parties use those cookies.

We reserve the right to make changes to this Privacy Policy at any time to reflect changes in the law, our data collection and use practices, the features of our Services, or advances in technology. Please check this page periodically for changes. If we make any material changes to this Privacy Policy, we will notify you via the email address provided for Registered Users and we will also post a notice on our home page and post the updated Privacy Policy here.

The date the Privacy Policy was last revised is identified at the top of the page. Please review the changes carefully. Your continued use of the Services following the posting of changes to this Privacy Policy will mean you consent to and accept those changes. If you do not consent to such changes, you should stop using our Services.