Welcome to the HIPAA Compliant Tagging app (the “App”) from Penrod Inc. (“Penrod”). The following privacy policy (the “Privacy Policy” or “Policy”) states how Penrod collects, uses, and protects information, including personal and health-related information, from users of the App. By using the App, you agree to this Policy.

State Specific Privacy Legislation.

NOTE TO RESIDENTS OF CALIFORNIA, COLORADO, CONNECTICUT, IOWA, MONTANA, NEBRASKA, NEW HAMPSHIRE, NEW JERSEY, OREGON, TEXAS, UTAH, AND VIRGINIA: PLEASE SEE YOUR STATE PRIVACY RIGHTS NEAR THE BOTTOM OF THIS PRIVACY POLICY FOR ADDITIONAL TERMS THAT MAY APPLY TO YOU.

Your Consent

Penrod reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice by posting the updated Privacy Policy on this page. By using the App, you consent to this Privacy Policy. Your continued use of the App indicates acceptance of those modified terms.  If you are processing another person’s Personal Information with the App, you represent and warrant that you have such person’s consent to disclose Personal Information to the App.  

Categories of Information Collected

When you visit Penrod using this App, Penrod may collect personal data from you. The data collected includes the following:

Personal Information. Penrod may collect personally identifiable information for use in marketing analytics. This information is provided to Penrod by Penrod’s Client’s website’s tracking system. “Personal Information” may include, but is not limited to, your name, identifiers, company, commercial information, job related information, address, telephone number, e-mail address,IP address, internet activity data, and inferences drawn from Personal Information that can be used to create a consumer profile. By voluntarily providing Penrod with Personal Information, you indicate your consent to Penrod’s use of the Personal Information in accordance with this Policy.  

Health Information. Penrod may collect health information for use in marketing analytics. “Health Information” may include, but is not limited to, health conditions, symptoms, medications, health care providers, frequency of appointments, and usage patterns related to health resources. By voluntarily providing Penrod with Health Information, you indicate your consent to Penrod’s use of the Health Information in accordance with this Policy.  

Non-Personal Information. When you interact with this App, Penrod receives and stores certain non-personally identifiable information (“Non-Personal Information”). Non-Personal Information, which is passively collected using various technologies, cannot be used to identify a specific user. Penrod may store such information itself or in databases owned and maintained by Penrod affiliates, agents, or service providers. Penrod may aggregate Non-Personal Information.

Use of Information Collected

Penrod uses Personal Information/Health Information you provide in a manner consistent with this Policy. If you provide Personal Information/Health Information for a specific reason, Penrod will use the Personal Information/Health Information for the purpose it was provided. Penrod, its subsidiaries, affiliates, and agents may use Personal Information, Health Information, and Non-Personal Information collected through the App to analytics and marketing tools. By providing Personal Information/Health Information to Penrod through the App, you consent to these uses of that Personal Information and Health Information.

Penrod may disclose Personal Information or Health Information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect or defend the rights or property of Penrod, (iii) act in urgent circumstances to protect the personal safety of App users, or (iv) protect against legal liability.

Disclosure of Information Collected

Penrod will not sell, license, transmit, or disclose information collected to parties unaffiliated with Penrod unless such sale, license, transmittal, or disclosure is expressly authorized by you or required or permitted by law. In all cases, Penrod will disclose information collected consistent with applicable laws and regulations, and will require the recipient of such information to protect the information and use it only for the purpose it was provided.

Exclusions

This Privacy Policy does not apply to any Personal Information collected by Penrod other than Personal Information collected through this App. Penrod shall be free to reproduce, use, disclose, and distribute any unsolicited information to others without limitation or attribution. This includes, but is not limited to, data passed through the App

Use by Children

This App is offered and available to users who are 18 years of age or older. By using this App, you represent and warrant that you are of legal age to form a binding contract with Penrod and meet this age eligibility requirement. If you do not meet the requirement, you must not access or use the App.

Penrod does not knowingly collect Personal Information from children under the age of 13. If you are under the age of 13, please do not submit any Personal Information through this App. If there is reason to believe that a child under the age of 13 has provided Personal Information through this App, please contact Penrod.

Security

Penrod takes reasonable precautions to protect its App users and information provided by such users. Unfortunately, the transmission of information via the Internet is not completely secure. Any transmission of Personal Information is at your own risk. Penrod is not responsible for circumvention of any privacy settings or security measures on the App.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK. THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PENROD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES REGARDING DATA PRIVACY OR DATA SECURITY.

LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT PENROD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. YOU SPECIFICALLY AGREE THAT PENROD IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY VIOLATION OF THE RIGHTS OF ANY PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. IF PENROD IS FOUND TO HAVE VIOLATED ANY OF YOUR RIGHTS, YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES RECOVERABLE AGAINST PENROD ARE LIMITED TO THE LESSER OF YOUR ACTUAL, PROVEN DAMAGES OR $10.

Indemnification

You agree to indemnify, defend, and hold harmless Penrod, its officers, directors, employees, agents, licensors and suppliers from and against all claims, liabilities, judgments, awards, costs, losses, expenses, damages and fees, including reasonable attorneys’ fees resulting from any violation of this Privacy Policy, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the App using your Internet connection.

Term; Termination

This Privacy Policy is applicable to you by accessing the App. These terms and conditions, or any part of them, may be terminated by Penrod without notice at any time, for any reason. The provisions relating to Disclaimer of Warranties, Limitation of Liability, Indemnification and Miscellaneous shall survive any termination.

Notice

Penrod may deliver notice to you by means of e-mail, a general notice on the App, or by other reliable method to the address you have provided to Penrod.

Governing Law and Jurisdiction

All matters relating to the App and this Privacy Policy and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Privacy Policy or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin. You waive any objection or defenses to this venue including forum non conveniens.

YOUR STATE PRIVACY RIGHTS: TERMS APPLICABLE TO CALIFORNIA, COLORADO, CONNECTICUT, IOWA, MONTANA, NEBRASKA, NEW HAMPSHIRE, NEW JERSEY, OREGON, TEXAS, UTAH AND VIRGINIA, RESIDENTS ONLY, INCLUDING YOUR CALIFORNIA PRIVACY RIGHTS

Certain states have passed laws that provide consumers who are residents of those states with certain privacy rights related to their Personal Information. Those states and the rights are summarized below:

California Consumers:  California Consumer Privacy Act, as amended by the California Privacy Rights Act, ("CCPA")

Colorado Consumers:  Colorado Privacy Act (“CPA”)

Connecticut Consumers:   Connecticut Data Privacy Act (“CTDPA”) 

Iowa Consumers: Iowa Data Protection Act (“IDPA”)

Montana Consumers:   Montana Consumer Data Privacy Act (“MCDPA”),

Nebraska Consumers: Nebraska Data Privacy Act (“NDPA”)

New Hampshire Consumers: New Hampshire Privacy Act (“NHPA”)

New Jersey Consumers: New Jersey Data Protection Act (“NJDPA”)

Oregon Consumers:  Oregon Consumer Privacy Act (“OCPA”)

Texas Consumers: Texas Data Privacy and Security Act (“TDPSA”)

Utah Consumers:  Utah Consumer Privacy Act (“UCPA”)

 Virginia Consumers:  Virginia Consumer Data Privacy Act (“VDCPA”).

(“collectively “State Consumer Privacy Laws”) We have provided a summary of the rights under the State Consumer Privacy Laws below. In the event of a conflict between this Section and the remainder of this Policy, this Section shall take precedence for residents of the applicable state. Certain capitalized terms not defined in this Policy have the meanings set forth in the applicable State Consumer Privacy Laws.

How to Exercise Your State Consumer Privacy Rights.

Subject to certain limitations such as (a) exceptions permitted by applicable law and (b) verification of your identity, you may exercise the following rights with regard to your Personal Information:

Notice of Your Right to Opt Out

California residents have the right to opt out of the Sale or Sharing of their Personal Information for cross-context behavioral advertising at any time. Colorado, Connecticut, Iowa, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Texas, Utah, and Virginia, residents may direct us to cease processing their Personal Information for targeted advertising or selling their Personal Information.

Depending on where you live, you can exercise your right to opt out in the following ways:

Opt-Out Webform and Phone Number

You may submit your opt-out request by:

  • Calling us at (844) 244-4443 (Toll Free)
  • Submitting your request by emailing legal@penrod.com

If you are a California, Colorado, Connecticut, Montana, Nebraska, New Hampshire, New Jersey, Oregon, or Texas, resident using an authorized agent to exercise your right to opt-out of the Sale or Sharing of Personal Information. Please see the section entitled "Authorized Agents" below for the proof required when you use an authorized agent.

Right to Know or Access Your Personal Information

California residents have a right to access any of the following which occurred in the prior 12-month period:

  • The specific pieces of Personal Information that we have collected from you;
  • The categories of Personal Information we collected from you;
  • The categories of sources from which the Personal Information was collected;
  • The categories of third parties to whom we have disclosed your Personal Information;
  • The categories of Personal Information that we sold or shared for a Business Purpose and the categories of third parties to whom it was disclosed for a Business Purpose; and

  • The Business or Commercial Purpose for collecting, sharing, or selling your Personal Information.

Colorado, Connecticut, Iowa, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Texas, Utah, and Virginia residents have the right to confirm whether we are processing your Personal Information and to access such Personal Information. Oregon residents may also request a list of third parties to which we disclose your Personal Information.

Right to Deletion

Depending on the state in which you live, you may have a right to request that we delete Personal Information we collected from you or the right to request that we delete all Personal Information we have collected about you. We will comply with such request, and direct our service providers to do the same, subject to certain exceptions permitted by applicable law. 

Right to Correct Your Information

Depending on the state in which you live, you may have a right to request that we correct your inaccurate Personal Information. If you request that we correct inaccurate Personal Information, we will use commercially reasonable efforts to correct it. If necessary, we may ask that you provide documentation showing that the information we retained is inaccurate.

Right to Data Portability

Depending on the state in which you live, you may request a copy of your Personal Information we collected from you or request a copy of all the Personal Information we have collected about you in a portable and, to the extent technically feasible, readily usable format.

How to Exercise Your Rights of Access, Deletion, Correction, and Portability

To exercise your rights described in this Policy, you may submit your request to us by: 

  • Submitting your request by email to legal@penrod.com
  • By phone: (844) 244-4443
  • By mail by addressing your letter to:

Penrod Inc.
Privacy Request
219 N. Milwaukee St. 2nd Floor
Milwaukee, Wisconsin 53202

Who May Exercise Your Rights. You may only make a request to exercise your rights on behalf of yourself. A parent or legal guardian may make a request on behalf of their child. If you are a California, Colorado, Connecticut, Iowa, Montana, Nebraska, New Hampshire, New Jersey, Oregon, or Texas resident, a person that you authorize to act on your behalf may make a request related to your Personal Information. See the section titled “Authorized Agents” below for more information.

Verifiable Consumer Request. In order to verify your request, you must provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information, and you must describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. To verify your identity, we may ask you to log into your account (if applicable) or provide additional information.  Any information you provide will only be used to verify your request. When seeking additional information from you, we may contact you through your account or the contact phone number or email address you provided in your request. If we cannot verify your identity, we may deny your request.

Authorized Agents. Colorado, Connecticut, Montana, Nebraska, New Hampshire, New Jersey, Oregon, and Texas residents may submit a request to opt out through an authorized agent. California residents also have a right to submit requests to exercise any privacy right through an authorized agent. If you choose to use an authorized agent, you must (a) provide signed permission to that authorized agent to submit requests on your behalf, and (b) verify your identity.

We may deny a request from an authorized agent if we do not have proof that they are authorized by you to act on your behalf.

When We Will Respond. We will try to respond to your request within 45 days. If we require additional time, we will inform you of the reason and extension period. Any disclosures we provide to California residents will only cover the 12-month period preceding our receipt of your request. For data portability requests, we will select a format to provide your Personal Information to you. We may charge a fee to process or respond to your request if it is excessive, repetitive, or manifestly unfounded.

Right to Non-Discrimination

You have a right to not receive discriminatory treatment for exercising any of your rights. If we choose to offer a financial incentives program in the future, additional terms will apply which may be an exception to this Section. We do not use Personal Information to discriminate against any individual.

ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS

Categories of Personal Information Sold or Shared

In the last 12 months we have not sold your Personal Information to a third party for monetary compensation.  We have shared Personal Information with third parties for the purposes of serving targeted advertising and to perform data analytics.

In the last 12 months we shared the following categories of Personal Information to certain third parties. See the section above titled “Categories of Personal Information We Collect” for more detail on the type of Personal Information in each category.

  • Identifiers
  • Customer Records
  • Commercial Information
  • Internet Activity[MBHC1] 

Categories of Personal Information Disclosed for a Business Purpose

In the last 12 months we disclosed the following categories of Personal Information for our or one of our service provider’s operational purposes. See the section above titled “Categories of Personal Information We Collect” for more detail on the type of Personal Information in each category. 

  • Identifiers
  • Customer Records
  • Commercial Information
  • Internet Activity

Sharing Personal Information. In the last 12 months we have not sold your Personal Information to a third party for monetary compensation. We have shared Personal Information with third parties for the purposes of serving cross-context behavioral advertising.

We Do Not Use or Disclose Sensitive Information. We do not use or disclose sensitive information, as defined in the CCPA.

Shine the Light. Pursuant to California Civil Code Section 1798.83, if you are a California resident, you have the right to obtain: (a) a list of all third parties to whom we may have disclosed your Personal Information within the past year for direct marketing purposes and (b) a description of the categories of Personal Information disclosed, by contacting us per the “Contact Us” Section above.

ADDITIONAL INFORMATION FOR COLORADO, Connecticut, IOWA, MONTANA, NEBRASKA, NEW HAMPSHIRE, NEW JERSEY, OREGON, TEXAS, AND VIRGINIA RESIDENTS: APPEAL PROCESS

If you disagree with our refusal to take action on your request to exercise your privacy rights, you have the right to ask us to reconsider. You must submit your request within 60 days of your receipt of our denial. You may submit your request to us by:

  • By e-mail to: legal@penrod.com
  • By phone: 844-244-4443
  • By mail by addressing your letter to:

Penrod Inc.
219 N. Milwaukee St. 2nd Floor
Milwaukee, Wisconsin 53202

Once we receive your appeal request, we will acknowledge and start processing your request. Within 60 days of receiving your request, we will inform you in writing of any action taken or not taken in response to your request, including a written explanation of the reasons for our decision.

Miscellaneous

Any cause of action or claim you may have with respect to the App (including but not limited to the purchase of Penrod products) must be commenced within one (1) year after the claim or cause of action arises. Penrod’s failure to insist upon or enforce strict performance of any provision of this Privacy Policy shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Penrod may assign its rights and duties under this Agreement to any party at any time without notice to you. Penrod is entitled to recover all costs and expenses in enforcing this Agreement, including attorneys’ fees.

Contact Information

To offer comments about this App or about the information present in this Privacy Policy, please contact Penrod at:

Penrod Inc.
219 N. Milwaukee St. 2nd Floor
Milwaukee, Wisconsin 53202
Phone: (844) 244-4443
E-mail: legal@penrod.co