Download our Parcel Policy here

We at PenguinPickUp¹ value the trust you place in us when sharing your personal information.

This Policy describes our practices with respect to the collection, use and disclosure of the personal information of our clients and prospective clients ("you"), including visitors to our website, www.PenguinPickUp.com ("Website"), and users of our mobile application, PenguinPickUp App ("Application").

If you do not consent to the collection, use and disclosure of your personal information in accordance with this Policy, please do not provide us with any personal information and discontinue your use of our Website and Application immediately. Of course, if you choose not to provide us with certain required personal information, we may not be able to offer you certain services. You may change or withdraw your consent at any time, on reasonable notice, subject to legal or contractual restrictions.

1. To what information does this Policy apply?

This Policy applies to all personal information collected by PenguinPickUp from our client-facing operations. "Personal information" is a broad term that includes any information about an identifiable individual or that allows an individual to be identified. In general, it does not include business contact information, such as an individual’s professional title or business telephone number or email address.

2. What personal information do we collect?

We may collect personal information from you whenever you interact with us, including when you inquire about or use our services, create an account, or otherwise submit online forms through our Website or Application. This could include your first and last name, email address, password, mailing address, phone number, payment card information such as a credit card number, date of birth, demographic information (such as your gender), and any other information you give us, including when you contact PenguinPickUp customer service. We likewise may collect certain personal information about you when we receive packages on your

1 
In this Privacy Policy, the words "we", "us", "our" and "PenguinPickUp" refer to Penguin Pick-Up Limited Partnership, by its general partner PenguinPickUp G.P., and other PenguinPickUp affiliates and brands as they may exist over time, as well as any successor companies.

behalf, including your mailing address, the identity of the senders of the packages, and any other personal information that may be visible from the exterior of the packages.

Payment card information. We use a third-party service provider, Stripe, for payment processing and do not collect or store your complete payment card information on our servers. That information is provided directly to Stripe, whose use of your personal information is governed by their privacy policy, which can be viewed at https://stripe.com/en-ca/privacy.

Information from our delivery partners. You may choose to permit us to access information about your orders placed with our delivery partners, such as your package tracking number, order information, name, email address, mailing address, and telephone number. We collect this information from our delivery partners with your consent in order to facilitate delivery of your packages.

Non-identifiable information collected from your browser or device. We also automatically collect certain non-identifiable information from your browser or device when you browse our Website, use our Application, or open or click on emails we send to you. The term “device” as used in this Policy refers to any computer, tablet, smart phone or other device you are using to access our Website or operate our Application.

We may, for example, collect the general (non-granular) geographic location of your device, your operating system, the IP address of your Internet Service Provider, the date and time of your visits, details regarding your interactions with the Website or Application, and the address of the website from which you linked to the Website. This non-identifiable information is used for Website, Application and system administration purposes and to improve the Website and Application. It may be disclosed to others and may be permanently archived for future use.

To collect this information, we may use log files that record events in connection with your use of the Website or Application, as well as cookies and similar technologies, such as web beacons embedded in marketing emails to monitor the engagement of recipients. For additional information, see the "Our use of cookies and web beacons" section of this Policy.

3. What are our purposes for collecting, using or disclosing personal information?

We use your personal information for business and commercial purposes, including to provide the products and services you request, to perform customer service functions, for marketing and promotional purposes, for security and fraud prevention, and to perform analytics in relation to our services, Website and Application. The ways in which we may use your information include:

• To provide and maintain our services. This includes, for example, processing your purchases of and delivering our products and services; registering and verifying user accounts; managing your registration as a user of our services; and facilitating the functionality of our Website and Application.
  
  
• To communicate with you. This includes, for example, communicating with you about your account, deliveries and our services, responding to customer service inquiries and requests and, if you have opted to receive such communications, providing you with news, marketing or promotional materials and general information about our products and services that may be of interest to you.
  
  
• For research, development and to improve our services. In order to ensure our services, Website and Application are continually improving and to better understand our customers and their preferences, we may use your personal information in de-identified form to maintain, improve and analyze our Website, Application, ads and services.
  
  
• To enforce our terms, agreements or policies and to detect, suppress or prevent fraud. This includes enforcing this Policy, our Terms of Use, and our Subscription Agreement, as well as other internal and external policies, and maintaining a safe, secure and trusted environment on our Website and Application and at our pick-up locations.
  
  
• As permitted or required by applicable laws. We may use your personal information as required or permitted under applicable laws and regulations, such as tax and privacy laws. We may also use your personal information to comply with legal and regulatory obligations and to respond to lawful government requests, subpoenas and court orders.
  
  
• With your consent. We may use your personal information in order to fulfill any other business or commercial purpose at your direction or with your consent.
  
  

4. With whom do we share personal information?

We share your personal information as needed to fulfill the purposes described in this Policy and as permitted by applicable law. This includes sharing with third-party service providers who perform business functions at our direction, sharing with delivery partners and affiliates, sharing as part of corporate transactions, sharing to protect lawful interests, and sharing with your consent.

We may share your personal information in the following situations:

• With service providers. We may share your personal information with service providers that provide us with support services, such as credit card processing, website hosting, email, text message and postal delivery, and marketing and analytics services. For additional information, see the “Our third party service providers” section of this Policy.
  
  
• With delivery partners. If you permit us to access information about your orders placed with our delivery partners, we will share such information with our delivery partners as is required to facilitate the delivery of your packages and management of your orders, including delivery status.
  
  
• With affiliates. We may share your personal information with our affiliates for purposes of performing our business functions, management and analysis, decision making, and other business purposes, in which case we will require those affiliates to honor this Policy. Such affiliates include PenguinPickUp 2U.
  
  
• For business transactions. We may share or transfer your personal information in connection with, or during negotiation of, any merger, sale of company assets, financing, restructuring or acquisition of all or a portion of our business.
  
  
• As permitted or required by applicable law. We may use your personal information as required or permitted under applicable laws and regulations. This includes sharing your personal information to enforce our agreements or policies, if we believe that the disclosure will help us protect the rights, property, health or safety of PenguinPickUp, our customers or our partners, if disclosure is required to comply with legal and regulatory obligations or to respond to lawful government requests, subpoenas and court orders, and to prevent or investigate fraud or wrongdoing.
  
  
• With your consent. We may use your personal information, including information held with other companies, at your direction or with your consent.
  
  

5. Our use of cookies and web beacons

We may use cookies and web beacons to collect information about your device and your use of our Website or Application.

• Cookies are small data files that are sent from a website’s server and are stored on your device’s hard drive either for only the duration of your visit, until you close your web browser (“session cookies”) or for a fixed period (“persistent cookies”). Cookies contain information that can later be read by a web server.
  
  
• Web beacons are small, transparent images that are embedded in web pages, applications and emails and can provide usage details.
  
  

We may use these technologies to:

• Allow you to access and use the functionalities of our Website or Application. For example, we may use some of these technologies to authenticate our users and prevent fraudulent use of user accounts. Without these technologies, certain services and functionalities on our Website and Application may not work properly.
  
  
• Monitor and improve our Website’s and Application’s performance. For example, we may use some of these technologies to learn how our customers interact with our Website and Application, how certain functionalities are accessed and used, and to assess performance and improve operations. Specifically, the Website uses Google Analytics to collect information, in de-identified and aggregate form, about how visitors use the Website, including the number of visitors to the Website and the pages they have visited. We use such information to improve the Website.
  
  
• Improve your convenience and remember your choices. Some of these technologies may personalize or enhance the ease of use of our Website or Application by, for example, remembering information and preferences that you have provided on prior visits to our Website or when you last used our Application.

In addition, our promotional communications and newsletters may contain web beacons that will indicate to us whether our emails are opened and, combined with other technology, will verify any clicks through to links within the email. We may use this information to test the effectiveness of our marketing and to compile aggregated data regarding the preferences and interests of our subscribers.

You can exercises your choices in relation to cookies as described in the “Your consent, choices and right to withdraw consent” section of this Policy.

6. The PenguinPickUp mobile application

We offer the Application for our customers’ use and convenience. By downloading, installing, accessing or using the Application, you consent to all actions that we take with respect to your data consistent with this Policy. Use of the Application entails information collection in accordance with this Policy (including the transmission of certain personal information previously provided by you), and includes user controls for Application functionality, such as setting push notifications.

7. Promotions

If, as the case may be, you choose to participate in any of our promotional referral programs, whereby you inform a friend or family member about our services, it is your responsibility to ensure you have the consent of your friend or family member to submit their [email address] to the referral program. We will automatically send a one-time email that identifies you as the referrer and invites them to subscribe to our services.

We use this information for the sole purpose of sending the one-time email and measuring the success of such promotional referral program.

8. Retention of your personal information

We will retain your personal information only for as long as is necessary for the purposes for which it was collected or for longer periods to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, enforce our legal agreements and policies or as otherwise permitted by law.

9. Your consent, choices and right to withdraw consent

To the extent possible, we obtain express or implied consent to collect, use and disclose personal information about an individual directly from such individual. By contacting us, registering for and using an account, subscribing to our promotional communications or otherwise voluntarily providing us with your personal information, you consent to the collection, use and disclosure of that information in accordance with this Policy.

If you provide us with personal information concerning another individual (including an individual you authorize to collect your packages), you represent that, prior to providing such information, you have obtained the necessary consent or authority to permit us to collect, use and disclose such personal information for the purposes set out in, and in accordance with, this Policy, or that the collection, use and disclosure is otherwise permitted by applicable law.

You have control over your promotional communications preferences, cookie settings, and more. You may also have the right to withdraw your consent to our continued use and disclosure of your personal information.

Promotional communications. We may use your personal information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you when you opt-in to receive such emails. You can unsubscribe from receiving these communications at any time by using the unsubscribe mechanism at the bottom of our emails or by emailing us at privacyofficer@penguinpickup.com. Please note that if you opt out of receiving promotional communications from us, we may still send you transactional communications, including emails about your deliveries.

Cookies and similar technologies. You may decline cookies by activating the appropriate setting on your browser; however, doing so may affect or limit your use of the Website or ability to benefit from certain features of the Website. Each browser is different but many browsers have preferences or options that may be adjusted to allow you to either accept or reject cookies and certain other technologies before they are set or installed, or allow you to remove or reject the use or installation of certain technologies altogether. Unless you have adjusted your browser setting so that it will decline cookies, our Website will issue certain cookies when you direct your browser to our Website.

Google Analytics. Should you wish to opt-out of the use of Google Analytics, please click here.

Withdraw your consent. To the extent you have consented to our collection, use and disclosure of personal information, in some jurisdictions you may vary or withdraw your consent to our continued use and disclosure upon reasonable notice and subject to legal or contractual restrictions. To request to do so, please contact our Privacy Officer using the contact information below.

10. Where we store personal information and how we safeguard it

We may store and process your personal information at our pick-up locations, including those in Québec, Ontario, and British Columbia. Our servers are located in Ontario, Canada. Your personal information may also be stored with third party service providers located elsewhere, as described in the “Our third party service providers” section of this Policy.

We use commercially reasonable safeguards appropriate to the sensitivity of the information to protect the security of personal information in our possession and to ensure it is treated and disclosed in accordance with this Policy. These include physical, organizational, and technological measures such as policies and procedures, training of personnel, restricted-access and physically-secure facilities, network and file access restrictions and other standard privacy and security practices.

This said, no method of transmission over the Internet or method of electronic storage is perfect, and due to the inherent nature of the Internet, we cannot guarantee that data you provide to us, including your personal information, is absolutely safe from intrusion or other unauthorized access or use. You are responsible for protecting your password(s) and maintaining the security of your devices. You also agree to immediately notify us of any unauthorized transactions associated with your account or your use of the Application.

11. Our third party service providers

When we enter into arrangements with service providers to store, handle or process personal information on our behalf, we take reasonable steps, by contractual means and otherwise, to ensure that these parties provide a comparable level of privacy protection while the information is in their possession or control.

Some of our service providers may be located in Ontario, Québec, elsewhere in Canada and/or in other jurisdictions with different privacy laws that may or may not be as comprehensive as those applicable in your province of residence. In these circumstances, the governments, courts, law enforcement, and national security or regulatory agencies of those foreign jurisdictions may be able to obtain access to your personal information through the laws of their respective jurisdictions.

When you provide personal information to us through the Website or Application or by using our services, you consent to such transfer of your personal information and the processing of your information in this manner.

If you have questions about the collection, use, disclosure or storage of your personal information by our service providers outside of your province of residence or Canada, please contact our Privacy Officer using the contact information below.

12. Access or changes to your personal information

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes.

Subject to exceptions permitted or required by applicable law, you may have the right to access your personal information that we hold and to obtain additional information regarding our use and disclosure of such information. You may also have the right to challenge the correctness, accuracy and completeness of such personal information, cause certain personal information to be deleted or deposit written comments with respect to your personal information.

To request to exercise any of these rights, please contact our Privacy Officer using the contact information below. Once a request has been submitted, we may ask you for additional information in order to verify your identity or to provide additional details to help us respond to your request.

In certain circumstances, we may refuse to act or impose limitations on your rights, as permitted or required by applicable law. For example, we may not disclose information that contains references to other individuals. If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

13. Children's privacy

We do not intend for our Website, Application, or services to be used by anyone under the age of 18. If you are a parent or guardian and believe we may have collected information about your child, please contact us immediately as described in the “Contacting our Privacy Officer” section of this Policy.

14. Links to other websites

Our Website and Application may contain links to other websites that are not owned or operated by us. If you click on a third party link, you will be directed to that third party’s website. We strongly advise you to review the Privacy Policy of every website you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party websites or services.

15. Changes to this Policy

This Policy went into effect on the “Last updated” date noted above. We may update this Policy from time to time. We will notify you of any modifications to this Policy that might materially affect your rights or the way that we use or disclose your personal information prior to the change becoming effective by means of a message on our Website and Application. We also encourage you to look for updates and changes to this Policy by checking back periodically.

16. Contacting our Privacy Officer

If you have any questions or complaints relating to our handling of personal information or this Policy, or wish to exercise any rights relating to your personal information, please communicate with our Privacy Officer at privacyofficer@penguinpickup.com.

1. Binding Agreement. This Terms of Use (the “Terms of Use”) is an agreement between you and, if applicable, the entity that you are authorized to represent (“You”) and Penguin Pick-Up Limited Partnership, by its general partner, Penguin Pick-Up G.P. Inc. (“PenguinPickUp”).
2. Use of the Services. These Terms of Use govern Your access to and use of the Service. The Service is available for Your use only on the condition that You agree to these Terms of Use. If You do not agree to all of the Terms of Use, do not access or use the Service. By accessing or using the Service, You signify Your agreement to be bound by the Terms of Use, and affirm that You are at least the age of majority in Your jurisdiction of residence and have the legal capacity to enter into these Terms of Use, and agree that Your personal information will be dealt with in accordance with our {Privacy Policy}. You affirm that if You are using our Services on behalf of an organization or company, You have the legal authority to bind any such organization or company to these Terms of Use. If You do not have such authority, You must not use the Services on behalf of such entity.
3. Prohibitions. You may not use the Services if You (i) do not agree to these Terms of Use; (ii) are not of the age of majority in Your jurisdiction of residence; or (iii) are prohibited from accessing or using the Services by these Terms of Use or applicable law.
4. The Services.  PenguinPickUp may make certain services available to You (collectively, the “Services”), including the use of PenguinPickUp’s website, application, or any other service or platform that links to these Terms of Use, and the provision of (i) a self-service twenty-four (24) hour locker facility (the “Lockers”) and (ii) parcel shops, which may be hosted by PenguinPickUp or its third party providers (the “Parcel Shops”). 
5. Scope of Terms of Use. These Terms of Use govern Your use of the Services, except to the extent such Services are the subject of a separate agreement. Specific terms of agreements or policies may apply to the use of certain Services and other items provided to You, including subscription agreements for the use of the Lockers and Parcel Shops (the “Service Agreements”). Any such Service Agreements will apply to the applicable Service and will be listed in association with or through a hyperlink associated with the applicable Services.
6. Account Registration.
   1. To access the Services You must have the necessary equipment (such as a smartphone or computer) as well as access to the Internet. Access to the Services may become degraded or unavailable at times for circumstances outside of our control. Although we strive to provide You with excellent service, we do not represent that the Services will be available without interruption. You agree that PenguinPickUp is not liable for any losses You may incur as a result of or associated with delays or unavailability in the provision of the Services.
   2. In order to use certain Services, You will need to create an account (an “Account”). By creating an Account, You agree to provide accurate, current and complete account information about Yourself, and to maintain and promptly update Your Account information as necessary. We reserve the right to reclaim usernames at our sole and unfettered discretion without any liability to You. By creating an Account and using the Services, You acknowledge and agree that Your right to use the Account is personal to You and is not transferable by You to any other person or entity. All personal information associated with Your Account or Your use of the Services is collected, used and disclosed in accordance with our {Privacy Policy}. 
   3. You are solely responsible for the security of Your Account and any passwords for Your Account. If You suspect or become aware of any unauthorized use of Your password or Account, You agree to notify us immediately at info@penguinpickup.com. You must take any steps that we reasonably require You to take to reduce, manage or report such unauthorized use. Failure to provide prompt notification of any unauthorized use may be taken into account in our determination of the appropriate resolution of the matter.
7. Fees. You acknowledge and agree that You will be required to pay fees based on Your usage of the Services (each, a “Fee”), as set out in the {Fee Schedule}.
8. Ownership And Copyright. You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names contained on the Service (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, PenguinPickUp or its licensors, as the case may be. PenguinPickUp hereby grants to You a personal, non-transferable and non-exclusive license to access, read and download one copy of the Content.
   You assign all rights, title and interest in any feedback You provide PenguinPickUp. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
9. Privacy. PenguinPickUp’s Privacy Policy applies to use of the Service, and its terms are incorporated by reference into these Terms of Use. By accessing the Service, You therefore consent to PenguinPickUp’s collection, use and disclosure of Your personal information in accordance with the Privacy Policy. PenguinPickUp’s Privacy Policy is available at https://penguinpickup.com/Home/PrivacyPolicy.
10. Limitation of Liability. Notwithstanding any damages that You might incur, the entire liability of the PenguinPickUp, and any of its suppliers under any provision of this Terms of Use and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You to PenguinPickUp.
    To the maximum extent permitted by applicable law, in no event shall PenguinPickUp or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if PenguinPickUp or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some jurisdictions, including the Province of Québec, do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, each party’s liability will be limited to the greatest extent permitted by law.
11. Links to Other Services. The Service may contain links to third-party web sites or services that are not owned or controlled by PenguinPickUp. PenguinPickUp has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that PenguinPickUp shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. PenguinPickUp strongly advises You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
12. "AS IS" and "AS AVAILABLE" Disclaimer.  The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, PenguinPickUp, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither PenguinPickUp nor any of its providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of PenguinPickUp are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions, including the Province of Québec, do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
13. User Warranties. You agree that You are responsible for Your own conduct while accessing or using the Services, and for any consequences thereof. You agree to use the Services only for purposes that are legal, proper and in accordance with these Terms of Use and any applicable laws or regulations. Without limiting the foregoing, You warrant and agree that Your use of the Services will not (and will not allow any third party to) in any manner involve (collectively, the “Prohibited Activities”):
    
    1. the sending, distributing or disseminating of any unlawful, defamatory, abusive, obscene, pornographic or otherwise objectionable material;
    2. using the Services to violate the legal rights of others; 
    3. engaging in, promoting or encouraging illegal activity (including, without limitation, money laundering or the transportation of contraband); 
    4. interfering with other users’ use of the Services; 
    5. exploiting the Services for any unauthorized commercial purpose; 
    6. transporting any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights;
    7. accessing or using the Services for the purpose of creating a product or service that is competitive with any of our products or services; 
    8. abusing, harassing, or threatening any of our authorized representatives, customer service personal, or third party site hosts (including, without limitation, filing support tickets with false information, sending excessive e-mails or support tickets, obstructing our employees from doing their jobs, or refusing to follow the instructions of our employees); 
    9. creating Accounts by automated means or under false or fraudulent pretenses;
    10. the impersonation of another person (via the use of an e-mail address or otherwise);
    11. using, employing, operating or creating a computer program to simulate human behavior of a user (“Bots”); or
    12. using, employing or operating Bots or other similar forms of automation to engage in any activity with respect to the Services.
14. Effect of Your Breaches. If You engage in any of the Prohibited Activities we may, at our sole and absolute discretion, without notice or liability to You, and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate Your Account. We will investigate all suspected Prohibited Activities and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such activities.
15. Indemnity. You agree at all times to indemnify, defend and hold harmless PenguinPickUp, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by PenguinPickUp directly or indirectly in respect of:(i) any information or other content You provide on or through this website or by e-mail or other correspondence; or (ii) Your use or misuse of the Content, the App or The Service, including without limitation infringement claims.
16. Termination. This Terms of Use is effective until terminated by PenguinPickUp with or without cause (unless You reside in the Province of Québec, in which case this Terms of Use shall be effective until terminated by PenguinPickUp with cause), in PenguinPickUp’s sole and unfettered discretion. PenguinPickUp may terminate this Terms of Use without notice to You if You fail to comply with any of its terms. Any such termination by PenguinPickUp shall be in addition to and without prejudice to such rights and remedies as may be available to PenguinPickUp, including injunction and other equitable remedies, as applicable. PenguinPickUp is not obligated to renew the Terms of Use upon expiry.
17. Survivability. The disclaimers, limitations on liability, ownership, termination, interpretation, Your warranty and the indemnity provisions of this Terms of Use shall survive the termination or expiry of this Terms of Use.
18. Governing Law. PenguinPickUp head office is physically located within the Province of Ontario, Canada. This Terms of Use will be governed by the laws of the Province of Ontario and the federal laws of Canada and shall be treated in all respects as an Ontario contract, without reference to the principles of conflicts of law. Unless You reside in the Province in Québec, in the event of a dispute, You agree to waive any right You may have to: (i) a trial by jury; and (ii) commence or participate in any class action against Company related to this website, App, the Content, this Terms of Use, and PenguinPickUp’s services, and, where, applicable, You also agree to opt out of any class proceedings against PenguinPickUp or its licensors.
19. Amendment and Waiver.  PenguinPickUp reserves the right, in its discretion, to amend this Terms of Use at any time by posting amendments on the Service. Unless You reside in the Province of Québec, You are responsible for periodically reviewing the amendments on this website and You are deemed to be aware of such amendments. For customers residing in the Province of Québec, PenguinPickUp will provide at least 30 days’ notice prior to any amendments taking effect. If You do not agree to the amended terms and conditions, You shall immediately stop using the Service. Access to the Service or use of this website after any amendments have been posted shall constitute Your acknowledgement and acceptance of the amended terms and conditions. No supplement, modification or amendment to this Terms of Use and no waiver of any provision of this Terms of Use shall be binding on PenguinPickUp unless executed by PenguinPickUp in writing. No waiver of any of the provisions of this Terms of Use shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
20. Severability. Any provision of this Terms of Use, or any other agreement between You and PenguinPickUp that incorporates these Terms of Use, which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of the applicable agreement, or affecting the legality, validity or enforceability of such provision in any other jurisdiction.
21. Notices to You.  You hereby consent to the exchange of information and documents between You and PenguinPickUp electronically through the Service, and by e-mail, if to You to the address You provide when You register with this website. Notices to PenguinPickUp shall be made in writing to info@penguinpickup.com. You may cancel Your subscription by logging into Your account at https://penguinpickup.com/Login
22. Changes to These Terms of Use. Unless You reside in the Province of Québec, PenguinPickUp reserves the right, at its sole discretion, to modify or replace these Terms of Use at any time. For customers residing in the Province of Québec, PenguinPickUp will provide at least 30 days’ notice prior to any modified or new Terms of Use taking effect. By continuing to access or use PenguinPickUp after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.
23. Language. The parties have requested that this Terms of Use and all related documents be drawn up in English only. Les parties aux présentes ont exigé que les présentes conditions d’utilisation et tous les documents qui s’y rattachent soient rédigés en anglais seulement.

To view our claim submission form click here

1. Statement of Commitment
2. Multi-Year Accessibility Plan Overview
3. Accessible Emergency Information and Workplace Emergency Response
4. Training
5. Kiosks
6. Information and Communications
7. Accessible Websites and Web Content
8. Feedback Process
9. Employment Individual Associate Accommodation Plan and Return to Work Policy
10. Performance Management, Career Development and Redeployment
11. Other Accessibility Barriers
12. Design of Public Spaces
13. Feedback Process and Request for Information
14. Definitions
15. Accessibility Policies and Multi-Year Accessibility Plan Revision History

PenguinPickUp’s Multi-Year Accessibility Plan for 2011-2021 outlines the policies and initiatives that will be implemented to improve opportunities for people with disabilities.

1. Statement of Commitment

PenguinPickUp is committed to providing equitable access and high-quality facilities and/or services by meeting the needs of our diverse and valued Associates and customers. To this end, PenguinPickUp will ensure that it is compliant with the Accessibility for Ontarians with Disabilities Act (AODA), 2005, which aims to remove barriers that impact individuals with a disability. Through compliance, PenguinPickUp will endeavour to provide all individuals with equal access to our facilities and/or services while allowing individuals with a disability to maintain their independence, dignity, and integration.

2. Multi-Year Accessibility Plan Overview

PenguinPickUp has developed a strong foundation of accessibility planning in order to remove barriers and ensure real and effective change for people with disabilities, and is eager to carry this commitment forward with the implementation of our Multi-Year Accessibility Plan.

Our Multi-Year Accessibility Plan provides the opportunity to demonstrate our current achievements and establish an implementation framework and future priority initiatives. Objectives identified within the Plan are both long term and short-term; many are ongoing actions or could require implementation over several years. Regular monitoring is necessary to ensure that initiatives are included in the Plan and that progress is identified. The Multi-Year Accessibility Plan’s progress will be reviewed and reported annually and a comprehensive review will be conducted every five years (2024).

3. Accessible Emergency Information and Workplace Emergency Response

PenguinPickUp is committed to providing our customers and our Associates with publicly available emergency information in accessible formats upon request.

Upon request, Human Resources and Corporate Services will work together with the Associates to develop an individualized emergency response information/plan that will meet their needs in an emergency situation.

4. Training

PenguinPickUp will provide training to all Ontario Associates on the Ontario’s accessibility laws and on the Human Rights Code as it relates to persons with disabilities. Training will be tailored to Associate’s responsibilities and duties and it will be provided in a format that best suits the Associate. The training will also be provided to every Ontario Associate who participates in developing PenguinPickUp’ policies.

PenguinPickUp has taken the following steps to ensure Associates are provided with the training needed to meet Ontario’s accessible laws since August 2011.

5. Kiosks

PenguinPickUp is committed to incorporating accessibility features when designing, procuring or acquiring self-service kiosks

6. Information and Communications

PenguinPickUp is committed to meeting the communication needs of persons with disabilities. We will consult with persons with disabilities to determine their information and communication needs and accommodate where possible. PenguinPickUp has taken the following steps to ensure that all publicly available information in Ontario is made accessible upon request since January 2013.

7. Accessible Websites and Web Content

PenguinPickUp will take the following steps to make our websites and content conform to the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA Standards, by January 1, 2021.

8. Feedback Process

PenguinPickUp has taken the following steps to ensure that our existing feedback process is accessible to persons with disabilities upon request since June 2012.

9. Employment

PenguinPickUp is committed to fair and accessible employment practices.

Since January 2014, PenguinPickUp has taken the following steps to notify the public and our Associates that we will accommodate people with disabilities during the recruitment and assessment process and when candidates are hired.

10. Individual Associate Accommodation Plan and Return to Work Policy

PenguinPickUp has established and implemented a Return to Work Policy and Procedure for developing individual accommodation plans for Associates that have been absent due to a disability.

11. Performance Management, Career Development and Redeployment

Since April 2016, we have taken the following steps to ensure the accessibility needs of our Associates with disabilities are taken into account for our performance management, career development and redeployment processes.

12. Other Accessibility Barriers

PenguinPickUp will take the following steps to prevent and remove other accessibility barriers identified.

13. Design of Public Spaces

Since January 2017, PenguinPickUp will meet the Accessibility Standards for the Design of Public Spaces when building or making major modifications to public spaces in Ontario. Public spaces include:

• Outdoor public eating areas
• Outdoor play spaces
• Outdoor paths of travel, like sidewalks, ramps, stairs, curb ramps, rest areas and accessible pedestrian signals
• Accessible to off street parking
• Any other space that the PenguinPickUp deems necessary

PenguinPickUp has implemented procedures in place to prevent service disruptions to its accessible parts of its public spaces.
In the event of a service disruption to the accessible parts of public spaces, we will notify the public of the service disruption and alternatives available.

14. Feedback Process and Request for Information

Any individual who requires additional information regarding PenguinPickUp’ Accessibility Policies and/or our Multi-Year Accessibility Plan can do so in person, by e-mail, or in writing or by any other means, as required. Accessible formats of our Accessibility Policies and our Multi-Year Accessibility Plan will be made available free upon request. PenguinPickUp commits to responding to all requests for information in a timely manner.

Please direct any Accessibility related enquiries to:

Fernando C. Vescio, SVP, Human Resources and Corporate Services
3200 Highway 7
Vaughan, Ontario, L4K 5Z5

Email: fvescio@smartcentres.com
Phone: 905-326-6400 x 7211
Fax: 905-760-6207

15. Definitions

Associate: employees of PenguinPickUp
Customer: a member of the public
Disability: defined by the Accessibility for Ontarians with Disabilities Act, 2005, and the Ontario Human Rights Code, refers to the following:

• Any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device;
• A condition of mental impairment or other remedial appliance or device;
• A learning disability, or dysfunction in one of more of the processes involved in understanding or using symbols or spoken language;
• A mental disorder; or
• an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997.

16. Accessibility Policies and Multi-Year Accessibility Plan Revision History

Penguin Pickup locker doors are available in three standard sizes (“Locker Drawer Sizes”) to accommodate parcels of varying dimensions. These Locker Drawer Sizes are referred to as Small, Medium, and Large (each a “Door”).

Door Dimensions. The approximate internal dimensions for each Locker Size are as follows (millimeters):

• Small: [502 x 66.8 x 665]
• Medium: [502 x 162.3 x 665]
• Large: [502 x 353.3 x 665]

Parcel Requirements:

1. Conformance to Dimensions. All parcels must fit fully within the Locker assigned to you, with the door able to close and lock without obstruction. Any parcel that exceeds the stated dimensions may be refused, reallocated to a different Locker (if available), or subject to other measures described in the Subscription Agreement or Terms of Use.
2. Responsibility for Sizing. It is the user’s sole responsibility to ensure that any parcel delivered to a PenguinPickUp Locker complies with the above dimensions, as well as any additional restrictions set out in PenguinPickUp’s Parcel Policy or other applicable policies.

Availability. Door availability cannot be guaranteed at any given time or location. Lockers are assigned on a first-come, first-served basis, subject to operational considerations and PenguinPickUp’s sole discretion.

Oversized or Non-Conforming Parcels. If a parcel is discovered to exceed the applicable Locker Size after it has been shipped or deposited, PenguinPickUp reserves the right to refuse or hold the item under alternative storage arrangements. Additional fees, return-to-sender, or disposition of the parcel may apply in accordance with the Subscription Agreement or Terms of Use.

Disclaimer of Liability. PenguinPickUp assumes no liability for parcels that fail to meet the required dimension limits, including any resulting damage caused by force-fitting items into undersized Lockers. Further limitations of liability are set out in the Subscription Agreement and Terms of Use.

Amendments. PenguinPickUp reserves the right to modify these Locker Dimensions from time to time. Any changes will be posted or otherwise communicated in accordance with the notice provisions of the Subscription Agreement or Terms of Use.

1. Overview
   
   This Fee Schedule describes the charges associated with using Penguin Pickup lockers, on both a Pay-Per-Use basis and a Monthly Subscription basis.
   
   All fees listed below are exclusive of any applicable taxes, which will be added at checkout or time of invoicing. Please refer to the Subscription Agreement for further details and any definitions not set out here.
   
   Important Note on Timing:
   
   • Day 0 (also referred to as the “drop-off” time) starts the moment your parcel is actually placed into the locker by either a carrier or someone else. This may differ from the time a retailer or delivery service informs you that your parcel is “ready for pickup.”
2. Pay-Per-Use Plan
   1. Base Storage Fee (First 2 Days)
      1. $3.99 covers storage for up to 2 days (48 hours).
      2. The fee is charged once you pick up your parcel.
   2. Extended Storage (Beyond 2 Days)
      1. For every additional 2-day block (or fraction thereof) beyond the initial 2 days, another $3.99 is added.
      2. These fees continue to accumulate until you pick up your parcel, or until the parcel is deemed abandoned on Day 15.
   3. Abandonment
      1. Any parcel not picked up by Day 15 (i.e., after 14 full days in storage) will be deemed abandoned.
      2. Once a parcel is deemed abandoned, we cannot guarantee it will still be available. If you wish to inquire, please contact info@penguinpickup.com.
   4. Fee Table (Pay-Per-Use)
      
      

      Pick-Up Window	Day Range	Total Storage Fee
      0–2 days	Day 0 (drop-off) through end of Day 2 (48 hours)	$3.99 (billed at pickup)
      3–4 days	Day 3 through end of Day 4	$7.98 total ($3.99 + $3.99)
      5-6 days	Day 5 through end of Day 6	$11.97 total ($3.99 × 3)
      7–8 days	Day 7 through end of Day 8	$15.96 total ($3.99 × 4)
      9–10 days	Day 9 through end of Day 10	$19.95 total ($3.99 × 5)
      11–12 days	Day 11 through end of Day 12	$23.94 total ($3.99 × 6)
      13–14 days	Day 13 through end of Day 14	$27.93 total ($3.99 × 7)
      Day 15+ (Abandoned)	Day 15 and onward	Parcel deemed abandoned; contact info@penguinpickup.com (no guarantee)

3. Monthly Individual Subscription Plan
   1. Included Storage (First 2 Days)
      1. If you have an active monthly subscription (individual tier), your first 2 days (48 hours) of storage per parcel are included in your subscription.
      2. No additional charge applies if you pick up on or before Day 2.
   2. Extended Storage (Beyond 2 Days)
      1. Starting on Day 3, each additional 2-day increment (or fraction thereof) is $3.99.
      2. Charges accrue until you pick up your parcel, or until the parcel is deemed abandoned on Day 15.
   3. Abandonment
      1. Any parcel not picked up by Day 15 is deemed abandoned, in the same manner as the Pay-Per-Use Plan.
      2. Please contact info@penguinpickup.com for inquiries, though no guarantee is made that the parcel remains available.
   4. Fee Table (Monthly Subscription)
      
      

      Pick-Up Window	Day Range	Total Storage Fee
      0–2 days (Included)	Day 0 (drop-off) through end of Day 2 (48 hours)	$0 (covered by subscription)
      3–4 days	Day 3 through end of Day 4	$3.99 total
      5–6 days	Day 5 through end of Day 6	$7.98 total ($3.99 + $3.99)
      7–8 days	Day 7 through end of Day 8	$11.97 total ($3.99 × 3)
      9–10 days	Day 9 through end of Day 10	$15.96 total ($3.99 × 4)
      11–12 days	Day 11 through end of Day 12	$19.95 total ($3.99 × 5)
      13–14 days	Day 13 through end of Day 14	$23.94 total ($3.99 × 6)
      Day 15+ (Abandoned)	Day 15 and onward	Parcel deemed abandoned; contact info@penguinpickup.com (no guarantee)

4. Payment Terms
   1. Pay-Per-Use Customers: Your total storage fee is calculated and billed when you pick up your parcel, based on the number of 2-day increments elapsed.
   2. Monthly Subscribers: Extended storage fees for any parcels stored beyond 2 days are billed separately from your recurring subscription charge.
   3. Taxes and Payment Method: All listed fees are exclusive of applicable taxes, which are added at checkout or billing. Charges are applied to the payment method on file.
   4. Refunds: Please review your Subscription Agreement or Terms of Use for any applicable refund policies.
5. Additional Notes
   1. Timing Starts at Locker Placement: Remember that “Day 0” begins when your parcel is physically placed in the locker by the courier or PenguinPickUp personnel, which may differ from notifications you receive from retailers or carriers.
   2. Contact Information: For questions about billing or parcel inquiries, email us at info@penguinpickup.com.
   3. Policy Updates: PenguinPickUp may modify this Fee Schedule from time to time. Changes will be communicated pursuant to the notice provisions in the Subscription Agreement or Terms of Use.