Privacy Policy

Updated: June 29, 2009

Disney Club Penguin ("Club Penguin") is operated and presented to users in all locations by Disney Online Studios Canada Inc. (formerly known as Club Penguin Entertainment Inc.) of Kelowna, British Columbia, Canada. This Privacy Policy covers use of information collected by Club Penguin.

We are committed to providing a fun, entertaining, and safe website for people of all ages. We are dedicated to safeguarding any personal information collected on the Club Penguin website. We ensure that our privacy policy and our information practices adhere to the United States Children's Online Privacy Protection Act, applicable European Union Data Protection legislation, Canadian federal and provincial privacy legislation, other applicable data privacy laws and all other applicable legislation.

To help ensure a rewarding online experience for our visitors, we provide you with this Privacy Policy that describes the information practices of the Club Penguin website (www.clubpenguin.com), including how we collect, use and disclose personal information.

1. The Information We Collect
   

   As described in this Privacy Policy, we directly collect from child users during our initial registration process a parent's email address, the child's account name, and the child's password. When a Club Penguin child registrant acquires a paid membership, we may collect additional personally identifiable information ("PII") from the registrant's parent. The types of PII that may be collected at that time include the parent's full name, email address, and credit card billing information including mailing address. The Club Penguin website does not condition a child's participation in an online activity on the child providing more personal information than is reasonably necessary for that activity.

   The Club Penguin website requires child users to provide a parent's valid email address in order to register on the website. We use this information to send the parent a message that can be used to activate the Club Penguin account, to notify the parent about our privacy practices, to send the parent communications either about the parent’s and child’s Club Penguin accounts or about features of our Web site, and for the other purposes described in this Privacy Policy. This email address is correlated with the account user name.

   We may also request a user name and email address when a user submits a form through the "Contact Us" portion of the Club Penguin website so that we may respond to the inquiry. We collect the e-mail address for the sole purpose of responding directly on a one-time basis to a specific inquiry.

   For some of our online activities - such as polls or surveys - we may ask users to provide information that is not personally identifiable, such as country of residence or a visitor's favorite color. We also enable users to chat online through our website, but we take measures so that users cannot communicate personal information through this chat function. These measures include filters and live moderation. Nonetheless, if you use the chat function within this website and disclose personally identifiable information, you should be aware that such information could be read, collected or used by other users. We are not responsible for the personally identifiable information you choose to submit through the chat function. Finally, we may offer blogs or other Public Forums (as defined in the Terms of Use governing the website (the "Terms of Use")), as well as other features in which you may provide us with Submissions (as defined in the Terms of Use), but we take measures, including live moderation, so that users cannot communicate personal information through these Public Forums. If you use a Public Forum on this website, and disclose personally identifiable information, you should be aware that such information could be read, collected or used by other users. We are not responsible for the personally identifiable information you choose to submit in these Public Forums.

   Additionally, when visitors come to our site, we may passively collect certain non-personally identifiable computer information, such as the type of computer operating system (e.g., Windows XP or Mac OS), the user's IP Address, the web browser (e.g., Netscape, Internet Explorer) being used, the frequency with which guests visit various parts of our sites, and information regarding the Internet service provider, in order to make our sites more interesting and useful to you and for various purposes related to our business. We may collect this non-personally identifiable information through the use of software technologies such as unique identifiers or "cookies." Cookies are small text files that we place in visitors' computer browsers to store their preferences. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many features that make your Web experience smoother, and some of our services may not function properly.

   Finally, we collect financial information as set out in Section 5 of this Privacy Policy. We do not use this financial information for any purpose other than processing payments to Club Penguin. The financial information that you enter to purchase a membership is not stored by Club Penguin, but, instead, is retained by our payments processing vendor for the purpose of processing credit card payments made to Club Penguin.

   If personal information is not provided to us, then Club Penguin may not agree to Club Penguin membership and may not be able to provide access to certain content and functionality on the Club Penguin website, or to provide other information, products or services which may be requested.

2. How We Use, Disclose, and Store the Information We Collect
   

   In addition to the purposes described in Section 1, we may actively collect and use email addresses and user names to track usage and to ensure users are following the site's Terms of Use. In addition, we may use an email address and user name to ban a user temporarily or permanently from the Club Penguin website if that user engages in inappropriate conduct on the site. We may also use email addresses and user names to enable parents to review PII that the children have submitted to the Club Penguin website and to provide notification regarding the site, such as any future amendments to this Privacy Policy. We also may use information in the aggregate to analyze site usage, as well as to offer products, programs, or services.

   We may disclose information where we are required to do so by law, for example, in response to a court order or a subpoena, or where we disclose information to service providers or other group companies who provide support for the operations of our website and who do not use or disclose the information for any other purpose. To the extent permitted by applicable law, we also may disclose PII in response to a law enforcement agency's or other public agency's (including schools or children services) request or if we feel that such disclosure may prevent the instigation of a crime, facilitate an investigation related to public safety or protect the safety of a child using our website, protect the security or integrity of our website, or enable us to take precautions against liability.

   If we sell all or part of our business or make a sale or transfer of our assets or are otherwise involved in a merger or business transfer, we may transfer PII to a third party as part of that transaction, to the extent permitted by applicable law.

   Finally, we may transfer PII and store it outside of the jurisdiction in which a member of Club Penguin is located. As set out above, Club Penguin is operating from Canada, which was recognized as a country providing an adequate level of protection by European Commission, so that the information we collect will be mainly processed and stored there.

3. Collection of Information for Third-Party Sites and Sponsors
   

   We do not allow third-party companies to solicit or advertise to our users. Our intention is to keep Club Penguin free from any of this sort of direct advertising.

4. Security
   

   The security of your personal information is important to us. We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. When you enter sensitive information, such as your credit card number, or our membership subscription form, we encrypt that information using secure socket layer technology (SSL).

5. Financial Information
   

   As noted in Section 1, if you decide to purchase a membership, the parent's full name, email address, credit card billing information including mailing address will be required at the time of purchase. That information is not stored by Club Penguin, and, instead, is collected and stored by our payments processing vendor for the purpose of processing payments made to Club Penguin. That information is safeguarded with appropriate security, and it will not be used for other purposes. Furthermore, our payments processing vendor has agreed to maintain the confidentiality, security, and integrity of the personal and financial information it obtains from the Club Penguin website, and only to use this information on our behalf. Our financial institution is bound by all applicable privacy laws relating to the provision of financial services.

6. Access to Information, and Objection to Information Collection and Retention
   

   Please contact our Privacy Director as provided in Section 7 if you would like to access the PII that we have collected online from you or your child, correct factual errors in such information, request to have this information deleted, or request that we no longer collect or maintain such information.

   Please be sure to include your email address and a telephone number where we can reach you. To protect you and your child's privacy and security, we will take reasonable steps to help verify your identity before granting you access to the personal information that we collect and maintain about you or your child.

7. Contact Us
   

   If you have questions or wish to send us comments about this Privacy Policy, please send an e-mail with your questions or comments to privacy@clubpenguin.com or write us:

Club Penguin

c/o Disney Online Studios Canada Inc.

Attention Privacy Director
Suite 500 - 1628 Dickson Ave.
Kelowna, British Columbia, V1Y 9X1
CANADA


Please be assured that any personal information that you provide in communications to the above e-mail and postal mail addresses will not be used to send you promotional materials, unless you so request.

8. A Final Note to Parents
   

   The Internet offers a world of opportunity for children. Your guidance and involvement are essential to help ensure that children have a safe and rewarding online experience. We encourage you to visit the GetNetWise.org site and look through the "Kids Safety" section together. Your efforts to instill responsible information practices will help steer your children to age-appropriate sites and will go a long way toward ensuring that your children have enriching experiences online.

9. Effective Date



The privacy policy set out above is effective as of 29 June 2009, and applies to all information previously obtained by Club Penguin. We reserve the right to change the privacy policy at our sole discretion. Club Penguin users will be informed of any such change by us posting a new privacy policy on the Club Penguin website and the effective date of any change of privacy policy will be clearly marked. As required by law, we will not use PII in ways that are materially different from the ones described in this Privacy Policy without also providing notification of such practices and obtaining consent to any such different uses. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.

Club Penguin is a licensee of the TRUSTe Children’s Online Privacy Seal Program . If you believe that we have not responded to your inquiry or your inquiry has not been satisfactorily addressed, please contact TRUSTe at http://www.truste.org/consumers/watchdog_complaint.php.