Pen Privacy Policy

PublicEthicsNow.com  (PEN)
 Effective Date: 2 December 2025
 Last Updated: 2 December 2025

Our Commitment to Your Privacy


This Privacy Policy explains what information we collect, how we use it, and the extraordinary measures we take to protect your privacy.

The Bottom Line: If you join our PEN community, only Dr. Tom Shanks will ever see your real name, email address, and phone number. Your PEN Name is your public identity, and your privacy is absolute.

(And if you can't trust an ethics consultant, the world is a sorrier place than we thought.)

1. Who We Are

PublicEthicsNow.com is operated by Dr. Tom Shanks, a former Executive Director of Santa Clara University's Markkula Center for Applied Ethics and founder of Santa Clara's internationally recognized public ethics program. This site is dedicated to promoting ethical leadership, good governance, and public trust through ethics news, analysis, research, democratic dialogue, and civic engagement. 

Contact:
 Dr. Tom Shanks
 Email: drshanks@publicethicsnow.com
 Website: PublicEthicsNow.com
Google Voice: (408) 502-7027 (Please leave a message for a return call.)

2. Information We Collect

a. For All Website Visitors

Automatically Collected Information:

  • IP address
  • Browser type and version
  • Device information
  • Pages visited and time spent
  • Referring website
  • General location (city/region, not precise location)

This information is collected through standard web server logs and analytics tools. We use it to understand how people use our site and to improve the experience. We will not connect your IP address to your site use or your comments. 

b. For Newsletter Subscribers

We have two subscription lists: one just for email notices, and one for Public Trust Partners, our ethics community of practice (COP).  See the full description of the Partners program here.

 When you subscribe to our email notices, we collect:

  • Email address
  • Real first name
  • Real last name
  • City of residence

c. For PEN Community Members

When you join the PEN Public Trust Partners community, we collect:

  • PEN Name (public - this is your community identity)
  • Legal First Name (private, for verification only)
  • Legal Last Name (private, for verification only)
  • Email Address (private)
  • Phone Number (private, for verification only)
  • City of residence

d. Critical Privacy Protection:

Your real name, email, and phone number are stored in a secure, encrypted database accessible ONLY to Dr. Tom Shanks. No other administrators, moderators, staff, or community members can access this information. Your PEN Name is the only identifier visible to other members, site workers, and the public.

3. How We Use Your Information

a. General Website Operations

We use visitor data to:

  • Operate and maintain the website
  • Analyze usage patterns to improve content and functionality
  • Detect and prevent security threats
  • Comply with legal obligations

b. PEN Community Operations

We use member information to:

  • Verify Identity: Ensure all PEN members are real people (authentication only)
  • Community Management: Enable you to participate under your PEN Name
  • Site Communication: Send important updates about the community, discussion moderation (until this can be handled by community volunteers)
  • Member Communication: messages from you to Dr. Shanks, each other, and comments and postings in general discussions.  Please be sure to read the community standards before participating.  The Pen name is meant to keep you safe and free from retaliation for your opinions; it is not meant to shield you from acting with respect and treating others with dignity, even if you disagree with them or worse.  
  • Privacy Protection: Keep your real identity completely separate from your public PEN Name

c. Critical Privacy Protection for PEN Members:

  • Your real name, email, and phone number are stored in a secure database
  • Only Dr. Tom Shanks has administrative access to this information
  • No other administrators, moderators, or community members can access your private data
  • Your PEN Name is the only identifier visible to other members
  • We will NEVER share, sell, or disclose your real identity without your explicit written permission

d. Communications

We use your contact information to:

  • Send newsletters you've subscribed to
  • Respond to your inquiries
  • Send important updates about site features or policies
  • Notify you of community activities (if you're a PEN member)

e. Unsubscribe

You can unsubscribe from promotional emails at any time using the link in each email and in the footer on each page.

4. Information Sharing and Disclosure

a. We DO NOT Sell Your Information

We will never sell, rent, or trade your personal information to third parties for marketing purposes. Period.

b. Limited Sharing

We may share your information only in these specific circumstances:

Service Providers: We use trusted third-party services to operate our website:

  • Web Hosting: To keep the site online
  • Email Services: To send newsletters and communications
  • Analytics Tools: To understand site usage
  • Security Services: To protect against threats

These providers are contractually required to protect your data and use it only for the services they provide to us.

Legal Requirements: We may disclose information if required by law, such as:

  • In response to a valid subpoena or court order, after we have resisted.
  • To protect our legal rights or defend against legal claims
  • To prevent fraud or security threats
  • To comply with government investigations when we have no other alternative
  • To respond to imminent threats to safety

With Your Consent: We may share your information with others only if you give us explicit permission.

4. PEN Member Privacy - Special Protections


a. For PEN community members, your real identity information is NEVER shared with:

  • Other community members
  • Third-party service providers (they only see your PEN Name)
  • Marketing companies
  • Data brokers
  • Anyone else, under any circumstances, except as required by law

b. When We Might Be Legally Required to Disclose Your Identity:

We will everything we can to protect your privacy. There are limited circumstances where we may be legally compelled to disclose your identity:

  1. Valid Court Order or Subpoena: If a court of competent jurisdiction issues a valid order requiring disclosure
  2. Imminent Threat of Serious Harm: If we have credible evidence that someone plans to cause serious physical harm to themselves or others
  3. Criminal Investigation: If law enforcement presents a valid warrant in connection with a serious criminal investigation

Our Commitment in These Situations:

  • We will notify you immediately if we receive any legal demand for your information (unless legally prohibited from doing so)
  • We will challenge any request we believe is overly broad, legally invalid, or not properly authorized
  • We will only disclose the minimum information necessary to comply with the legal requirement
  • We will consult with legal counsel before making any disclosure

5. Data Security

We take data security seriously and implement multiple layers of protection:

Technical Measures:

  • Encrypted database storage
  • Secure SSL/TLS connections (HTTPS)
  • Regular security updates and patches
  • Strong password requirements
  • Two-factor authentication for administrative access
  • Regular security audits

Administrative Measures:

  • Strict access controls (only Dr. Shanks has access to PEN member real identities)
  • Regular review of who has access to what information
  • Staff training on privacy and security best practices
  • Incident response procedures

Physical Measures:

  • Secure hosting facilities with physical access controls
  • Redundant backups stored securely
  • Disaster recovery procedures

No system is 100% secure, but we implement industry-standard security measures and continuously work to improve our protections.

6. Your Rights and Choices

a. Access and Correction

You have the right to:

  • Access the personal information we have about you
  • Correct any inaccuracies in your information
  • Update your contact preferences
  • Request a copy of your data

To exercise these rights: Email drshanks@publicethicsnow.com

b. Deletion

You have the right to request deletion of your personal information, subject to certain limitations (such as legal retention requirements).

For PEN Members: If you request deletion, your account will be deactivated, your real identity information will be deleted, and your PEN Name will be marked as "Account Deleted." Your past comments will remain visible under your PEN Name (to preserve the integrity of community discussions), but no one will be able to connect them to your real identity.

c. Data Portability

You have the right to receive your personal information in a portable format. We will provide your data in a commonly used format (such as CSV or JSON) upon request.

d. Opt-Out of Communications

You can opt out of promotional emails at any time by:

  • Clicking the "unsubscribe" link in any email
  • Emailing drshanks@publicethicsnow.com
  • Updating your communication preferences in your account settings

Note: Even if you opt out of promotional emails, we may still send you important account-related or community safety communications.

7. Cookies and Tracking Technologies


a. What Are Cookies?

Cookies are small text files stored on your device when you visit a website. They help websites remember your preferences and improve your experience.

b. How We Use Cookies

Essential Cookies: Required for the website to function properly (such as keeping you logged in).

Analytics Cookies: Help us understand how people use the site so we can improve it. We use privacy-respecting analytics tools that don't track you across other websites.

Preference Cookies: Remember your settings and preferences.

c. Your Cookie Choices

Most browsers allow you to control cookies through their settings. You can:

  • Block all cookies
  • Block third-party cookies
  • Delete cookies after you close your browser
  • Get alerts when cookies are being sent

Note: If you block essential cookies, some features of the site may not work properly.

8. Children's Privacy

PublicEthicsNow.com is not directed to children under 13. We do not knowingly collect personal information from children under 13. If we learn that we have collected information from a child under 13, we will delete it promptly.

If you believe a child under 13 has provided us with personal information, please contact us immediately at drshanks@publicethicsnow.com.

9. California Privacy Rights

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

Right to Know: You can request information about the personal information we've collected, used, disclosed, or sold about you.

Right to Delete: You can request deletion of your personal information (subject to certain exceptions).

Right to Opt-Out: You have the right to opt out of the "sale" of your personal information. We do not sell personal information.

Right to Non-Discrimination: We will not discriminate against you for exercising your CCPA rights.

To exercise these rights: Email drshanks@publicethicsnow.com with "California Privacy Rights" in the subject line.

10. International Users

PublicEthicsNow.com is based in the United States. If you access our site from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States.

By using our site, you consent to the transfer of your information to the United States and acknowledge that U.S. privacy laws may differ from those in your country.

11. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or other factors.

How We'll Notify You:

  • We'll post the updated policy on this page with a new "Last Updated" date
  • For significant changes, we'll provide more prominent notice (such as an email to registered users or a banner on the website)
  • For PEN community members, we'll send an email notification of material changes

Your continued use of the site after changes become effective constitutes your acceptance of the updated policy.

We encourage you to review this policy periodically to stay informed about how we're protecting your information.

12. Questions and Concerns

If you have questions about this Privacy Policy or our privacy practices, please contact:

Dr. Tom Shanks
 PublicEthicsNow.com
 Email: drshanks@publicethicsnow.com

We will respond to all inquiries within 5 business days.  If you need a response sooner than that, please note it in the subject heading. 

If you have a complaint about our privacy practices, please contact us first so we can try to resolve it. If you're not satisfied with our response, you may file a complaint with:

  • Your state Attorney General
  • The Federal Trade Commission (FTC)
  • California Attorney General (if you're a California resident)

13. Effective Date and Updates

This Privacy Policy is effective as of 2 December 2025

Last Updated:2 december 2025

Special Note About the PEN Community

The PEN Names system exists because speaking truth to power in Santa Clara has consequences. We've seen:

  • A City Manager fired for raising concerns
  • A City Attorney fired for providing independent legal advice
  • Employees afraid to speak up for fear of retaliation

That's why we built extraordinary privacy protections into the PEN system. Your real identity is protected with the same seriousness we bring to investigating ethics violations.

If you're a city employee, a business owner, or anyone who might face retaliation for speaking honestly about Santa Clara's governance, the PEN Names system was built for you.

Your voice matters. Your safety matters. Your privacy matters.

And if you can't trust an ethics consultant to protect your privacy, the world is a sorrier place than we thought.

Dr. Tom Shanks
 Founder, PublicEthicsNow.com
 Former Executive Director, Markkula Center for Applied Ethics (1992-1999)
 Santa Clara Ethics Consultant, 1998-2015