Privacy Policy

Effective Date: December 15, 2024 | Last Updated: December 11, 2025

This Privacy Policy describes how Briar Creek Holdings, LLC ("Company," "we," "us," or "our"), operating as Service Penguin, collects, uses, and protects information from visitors to our website located at https://www.servicepenguin.com (the "Site").

1. Information We Collect

1.1 Information You Provide

We may collect information that you voluntarily provide when you:

  • Fill out contact forms or request information
  • Subscribe to our newsletter or updates
  • Request a product demonstration
  • Create an account or register for services
  • Communicate with us via email or chat

This information may include:

  • Name and contact information (email address, phone number, company name)
  • Business information (industry, company size, job title)
  • Any other information you choose to provide

1.2 Automatically Collected Information

When you visit our Site, we automatically collect certain information, including:

  • Log Data: IP address, browser type, operating system, referring URLs, pages viewed, and access times
  • Cookies and Tracking Technologies: We use cookies, web beacons, and similar technologies to enhance your experience and analyze Site usage
  • Device Information: Device type, unique device identifiers, and mobile network information

1.3 Third-Party Analytics

We use third-party analytics services (such as Google Analytics) to help us understand how visitors use our Site. These services may collect information about your use of our Site and other websites.

2. How We Use Your Information

We use the information we collect for the following purposes:

  • To Provide and Improve Our Services: Respond to inquiries, process requests, and deliver information about Service Penguin
  • To Communicate: Send newsletters, updates, marketing materials, and other information that may interest you (with your consent where required)
  • To Analyze and Improve: Understand how visitors use our Site, improve Site functionality, and develop new features
  • To Protect: Detect, prevent, and address fraud, security issues, and technical problems
  • To Comply: Meet legal obligations and enforce our terms and policies

3. Data Sharing and Disclosure

We do not sell, rent, or share your personal information with third parties for their marketing purposes.

We may share your information only in the following limited circumstances:

3.1 Service Providers

We may share information with trusted third-party service providers who assist us in operating our Site, conducting our business, or servicing you (e.g., hosting providers, email service providers, analytics providers). These providers are contractually obligated to protect your information and use it only for the purposes we specify.

3.2 Business Transfers

If we are involved in a merger, acquisition, sale of assets, or bankruptcy, your information may be transferred as part of that transaction. We will notify you of any such change in ownership or control of your personal information.

3.3 Legal Requirements

We may disclose your information if required to do so by law or in response to valid requests by public authorities (e.g., court orders, subpoenas, or government agencies).

3.4 Protection of Rights

We may disclose information when we believe it is necessary to protect our rights, property, or safety, or that of our users or the public.

4. SMS and Mobile Communications

4.1 Collection and Use of Mobile Phone Numbers

Service Penguin collects mobile phone numbers to facilitate communication between businesses using our platform and their customers. Phone numbers are collected through verbal consent during phone calls, through our platform when users create accounts, and when customers provide their contact information for service appointments and notifications.

We use mobile phone numbers for the following business purposes:

  • Appointment scheduling, confirmations, and reminders
  • Service technician arrival notifications and updates
  • Invoice notifications and payment confirmations
  • Customer support communications and service updates
  • Important operational notifications related to service delivery

4.2 SMS Messaging Consent

Before sending SMS messages, we obtain consent through one of the following methods:

  • Verbal Consent: During phone conversations, we ask customers to confirm if they wish to receive SMS communications. We inform them that standard messaging and data rates may apply, message frequency may vary, they can opt out at any time by replying STOP, and that replying HELP provides more information. We also direct them to review our privacy policy on our website.
  • Platform Consent: When users create accounts or schedule services through our platform, they provide explicit consent to receive SMS notifications related to their service appointments and account activity.

Message frequency varies based on service activity and customer preferences. Standard messaging and data rates from your mobile carrier may apply. You can opt out of SMS messages at any time by:

  • Replying STOP to any SMS message
  • Contacting us at support@servicepenguin.com
  • Updating your communication preferences in your account settings

For help with SMS messages, reply HELP to any message or contact us at support@servicepenguin.com or (208) 425-8580.

4.3 Protection of Mobile Data

Important:

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

We do not sell, share, rent, or provide mobile phone numbers or any personal information to third parties for marketing, lead generation, or any purposes unrelated to providing our platform services.

Mobile phone numbers are:

  • Used solely for direct communication between businesses and their customers through our platform
  • Protected with industry-standard security measures
  • Never shared with third-party marketers, data brokers, or advertisers
  • Retained only as long as necessary to provide services or as required by law

We may share phone numbers only with essential service providers who help us deliver SMS functionality (such as our SMS gateway provider), and these providers are contractually obligated to protect your information and use it only for the specific purpose of message delivery.

5. User Data Protection

Important Note Regarding Platform Users:

Once you become a registered user of the Service Penguin platform (as opposed to a website visitor), your use of the platform and any data you input into the platform is governed by our separate User Agreement and Terms of Service.

We do not share, sell, or disclose user data or customer information stored within the Service Penguin platform to any third parties, except as required by law or as necessary to provide the platform services you have requested (such as payment processing through your chosen payment processor).

6. Cookies and Tracking Technologies

6.1 What Are Cookies?

Cookies are small text files stored on your device when you visit our Site. We use both session cookies (which expire when you close your browser) and persistent cookies (which remain until deleted).

6.2 Types of Cookies We Use

  • Essential Cookies: Necessary for the Site to function properly
  • Analytics Cookies: Help us understand how visitors use our Site
  • Functionality Cookies: Remember your preferences and settings
  • Marketing Cookies: Track your browsing activity to deliver relevant advertisements

6.3 Your Cookie Choices

Most web browsers automatically accept cookies, but you can modify your browser settings to decline cookies. Please note that disabling cookies may affect your ability to use certain features of our Site.

You can opt out of Google Analytics by installing the Google Analytics Opt-out Browser Add-on.

7. Your Privacy Rights

Depending on your location, you may have certain rights regarding your personal information:

  • Access: Request a copy of the personal information we hold about you
  • Correction: Request correction of inaccurate or incomplete information
  • Deletion: Request deletion of your personal information (subject to legal obligations)
  • Objection: Object to our processing of your personal information
  • Portability: Request transfer of your information to another service provider
  • Withdraw Consent: Withdraw consent for marketing communications at any time

To exercise these rights, please contact us at support@servicepenguin.com.

7.1 Marketing Communications

You may opt out of receiving marketing emails by:

  • Clicking the "unsubscribe" link in any marketing email
  • Contacting us directly at support@servicepenguin.com
  • Adjusting your account preferences (if applicable)

Please note that even if you opt out of marketing communications, we may still send you transactional or administrative messages.

8. Data Retention

We retain your personal information only for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. When we no longer need your information, we will securely delete or anonymize it.

9. Data Security

We implement reasonable technical, administrative, and physical security measures to protect your information from unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

10. Children's Privacy

Our Site is not intended for children under the age of 13 (or 16 in the European Economic Area). We do not knowingly collect personal information from children. If we learn that we have collected information from a child under the applicable age, we will delete it promptly. If you believe we have collected information from a child, please contact us immediately.

11. Third-Party Links

Our Site may contain links to third-party websites or services. We are not responsible for the privacy practices of these third parties. We encourage you to review their privacy policies before providing any personal information.

12. International Data Transfers

Your information may be transferred to and processed in countries other than your country of residence. These countries may have data protection laws that differ from those in your country. By using our Site, you consent to the transfer of your information to the United States and other countries where we operate.

If you are located in the European Economic Area (EEA), we will take appropriate steps to ensure your information receives adequate protection in accordance with applicable data protection laws.

13. California Privacy Rights

If you are a California resident, you have specific rights under the California Consumer Privacy Act (CCPA):

  • Right to Know: Request disclosure of the categories and specific pieces of personal information we have collected
  • Right to Delete: Request deletion of your personal information
  • Right to Opt-Out: Opt out of the sale of your personal information (Note: We do not sell personal information)
  • Right to Non-Discrimination: Exercise your rights without discriminatory treatment

To exercise these rights, contact us at support@servicepenguin.com. We will verify your identity before processing your request.

14. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or legal requirements. We will post the updated policy on this page with a revised "Last Updated" date. We encourage you to review this Privacy Policy periodically. Your continued use of the Site after changes are posted constitutes your acceptance of the revised policy.

15. Contact Us

If you have any questions, concerns, or requests regarding this Privacy Policy or our data practices, please contact us:

Briar Creek Holdings, LLC

Service Penguin

2401 Fountain View Dr., Ste. 312-2319

Houston, Texas 77057

Email: support@servicepenguin.com

Phone: (208) 425-8580

Acknowledgment

By using our Site, you acknowledge that you have read and understood this Privacy Policy and agree to its terms.