Last updated: November 1, 2018
By using the Peakers Services, you are agreeing to the collection and use of your information as described in this Policy. If you do not agree to this Policy, do not use the Peakers Services.
1. Information we will collect from you:
We will collect both personal and non-personal information from you. “Personal Information” is information that, either alone or in combination with other information collected, identifies an individual, including, but not limited to, a first and last name, a personal profile, an email address or other contact information. When we combine other information (“Non-Personal Information”) with Personal Information, we treat the combined information as Personal Information. Peakers will collect only as much Personal Information as Peakers needs for the purposes specified (a) in this Policy, (b) at the time of collection of the Personal Information, or (c) in future agreements to which you consent. You are solely responsible for the Personal and Non-Personal Information you provide to us and you assume all risks associated with use of your Information including any reliance on its accuracy or completeness.
1.1. Your contact information
When you create a Peakers account, we will ask you to provide Personal Information, including your email address, mobile number, and name. Your Peakers account will be password-protected. You will use your email address and your password to login to your account to access the Peakers Services. When you interact with our customer support representatives via email, telephone, through the Peakers Services or in person, we may collect Personal Information, such as your name, mailing address, phone number, email address and contact preferences.
1.2. Your activities
We will receive information regarding the type of activities you engage in (for example, runs, walks, swims, etc.) and data derived from those activities (e.g. time spent on the activity, calories burned, heart rate, etc.). We will receive this information and data from your device, third party APIs, and when you use and interact with the Peakers Services.
1.3. Your personal health information
Subject to your explicit consent, we may collect certain personal health information such as your height, weight, or sleeping cycles. This information is used for activities including, but not limited to, displaying your biometrics based on these inputs and for purposes such as adapting your training schedule, and providing you with feedback, nutritional information, and mindset related feedback.
1.4. Your demographic information
Peakers may collect and process demographic information such as information about your gender, age, country, and location. To the extent that Peakers combines any Non-Personal demographic information with Personal Information that Peakers collects directly from you through the Peakers Services, Peakers will treat the combined data as Personal Information under this Policy.
1.5. Your payment information
If you choose to purchase paid Services, we will collect your credit or debit card information through a third-party processor, Stripe. For more on the storage and security of your payment information, see Section 3.3 below.
2. Our use of your information
2.1. We may use your information to improve your experience with Peakers Services
Consistent with applicable laws we may use your information:
The legal basis for the processing above is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
We may also use your information:
The legal basis for the processing above is consent.
2.2. We may use your information to improve and market the Peakers Services
Peakers also may use Personal Information for internal statistical, marketing or operational purposes, including generating sales reports and measuring and understanding demographics, user interests, purchasing and other trends among our customers. We will not use your information in any promotional marketing materials without your consent.
2.3. We may use your information to tell you about other products you might like
Lastly, subject to your consent, we may also use your Personal Information to send you marketing-related correspondence regarding products or apps in accordance with the preferences you indicate while using the Peakers Services. You may always opt out of this correspondence by notifying Peakers according to the process provided in Section 8 below.
3. How we’ll store your information
When you provide information to Peakers or sync your device to Peakers, your Personal Information and activity data on Peakers, except for credit and debit card information, will be collected, encrypted, and stored on servers in the United States. If you reside in a country outside the United States, please note that the data protection and privacy laws of the United States may not be as comprehensive as the laws in your country. Transfers to the United States will be therefore subject to your explicit consent.
We will retain your Personal Information as long as we determine is necessary to fulfill the purposes for which your Personal Information has been collected under this Policy, unless a longer retention period is required by law.
3.1. How we’ll keep your information secure
We will take reasonable security measures applying General Data Protection Regulation (GDPR) standards to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of your information. This may include undertaking internal reviews of our data collection, storage, processing practices and security measures, including encryption and physical security measures to guard against unauthorized access to the systems where we store your information. In addition, we will restrict access to your information to our employees, contractors, and agents who need to know certain information in order to process it on our behalf. These individuals and entities are bound by strict confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
3.2. What if there’s a breach?
If we discover your information is compromised as a result of a security breach, we will promptly notify you that your information may have been compromised. We will send this notice to you by email, by posting a notice on our website, or as otherwise required by applicable law.
3.3. Storing payment information
When you purchase Services, your Personal Information and credit card or debit card information is processed, stored, and kept secure by Stripe, a third-party credit card processing service. Your credit card information will be stored by Stripe in their restricted-access database. However, no method of transmission over the Internet, or electronic storage is 100% secure, and we cannot guarantee its absolute security. We assume no responsibility or liability for damages resulting from Stripe’s processing, storage, or other use of your credit or debit card information or any Personal Information.
4. When we can disclose your information
Except for the purposes listed below, Peakers will not transfer or sell your Personal Information data to any third party without providing you prior notice and obtaining your consent.
4.1. For the same purposes we use your information for
Personal Information may be transferred in a de-identified manner (anonymized) to third parties who act for Peakers to achieve the purposes listed under Section 2 above, or for other purposes you consent to.
For example, we may give a third party access to your Personal Information in order to support Peakers’ information technology or to handle mailings on Peakers’ behalf. If Peakers transfers your Personal Information to an outside agent or organization for such purpose, Peakers will take reasonable measures to protect your privacy, ensure the safety and security of your Personal Information, and ensure that the de-identified Personal Information transferred to third party is no longer personally identifiable and may not later be reasonably associated with, linked to, or used to identify you.
4.2. To comply with the law
Subject to applicable laws in your jurisdiction, we may also disclose Personal Information about you to others as we believe to be necessary: (a) to comply with laws or regulation, whether inside or outside your country of residence; (b) to comply with legal process; or (c) to respond to requests from public authorities and law enforcement officials, whether inside or outside your country of residence.
4.3. To protect Peakers
Subject to applicable laws in your jurisdiction, we may also disclose Personal Information about you to others as we believe to be necessary: (a) to enforce any of our terms and conditions or policies; (b) to protect our operations or those of any of our affiliates and subsidiaries; (c) to protect the rights, privacy, safety or property of Peakers.
4.4. If Peakers is sold
We may also transfer Personal Information to an affiliate, a subsidiary or a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Peakers’s business.
5. How you can access, update, or delete your information
You may request access to your Personal Information and request that erroneous or inaccurate Personal Information be updated by emailing us at firstname.lastname@example.org. You may also request that (a) your Personal Information and Peakers account be deleted, (b) the processing of your Personal Information is limited to certain purposes and (c) your Personal Information is provided to you in a structured format and, in some circumstances, transferred to another data controller. If you consider that our processing of your Personal Information infringes data protection laws, you also have the legal right to complain to lodge a complaint with the supervisory authority responsible for data protection. To the extent that legal basis for the processing of your Personal Information is consent, you have the right to withdraw that consent at any time. Peakers will respond to your requests within a reasonable amount of time in accordance with applicable law. For your protection, we will only implement requests with respect to the Personal Information that is associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. If necessary and permitted by applicable laws, we will retain certain Personal Information beyond your deletion request for recordkeeping purposes, such as retaining records relating to accounting purposes.
6. Children’s privacy
We appreciate the importance of taking additional measures to protect children’s privacy. Persons under the age of 16, or other minimum age in the relevant jurisdiction, are not permitted to create accounts and provide Personal Information to Peakers. If we learn that we have collected the Personal Information of a child under the relevant minimum age, we will take steps to delete the information as soon as possible. Parents who believe that their child has submitted Personal Information to us and would like to have it deleted may contact us at email@example.com.
8. How to opt out of Peakers notices
If you no longer wish to receive promotional, advertising, or other service-related notifications, you may opt-out of receiving those messages by changing your preferences in the Peakers App (Opt-out), or by clicking the “Unsubscribe” link on any email from Peakers. If you choose not to receive notifications, you may still use the Peakers Services but you may be unable to use certain services that require us to interact with you.
9. No HIPAA requirements
PEAKERS IS NOT A HEALTHCARE PROVIDER OR A BUSINESS ASSOCIATE OF ANY HEALTHCARE PROVIDER AND IS NOT SUBJECT TO THE PRIVACY RULE OF THE HEALTH INFORMATION PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA).
10. Conditions of Use, Notices, and Revisions
By using the Peakers Services and accepting this Policy, you consent to our collecting, using, and disclosing your information as described above. We reserve the right to modify or amend this Policy at any time. If we make material changes to this Policy, we will notify you by providing the updated Policy on our website, sending you an e-mail, or posting a notice on our website so that you are always aware of the information that we collect, how we use it, and under what circumstances we disclose it. If required by applicable law, we will obtain your consent to the new changes; however, if you don’t consent to the changes you may be unable to continue accessing the Peakers Services. You can determine when this Policy was last revised by referring to the “last updated” legend at the top of this page. Unless we clearly state otherwise, the changes to the Policy will affect only the information we collect after the effective date of the change.
For any concerns, correction or deletion requests please send an email to firstname.lastname@example.org. You may also contact our data protection officer, by emailing him at email@example.com. Such inquiries should clearly be marked as data protection queries and as being time sensitive.
Effective date: January 22, 2019
What are cookies?
Cookies are small text files that are stored by the browser on your computer or mobile phone. They allow websites to store data like user preference. Cookies allow a website or an app to recognize you when you come back and respond appropriately. Cookies allow a web server to transfer data to a computer for recordkeeping and other purposes.
What cookies we use and why?
Some of the cookies we use have been developed and deployed by us to facilitate our provision of the service. These are known as first-party cookies. We also utilize third-party cookies, which are built by our third-party vendors and employed on our website for the purposes set forth at the end of this paragraph.
We use both session cookies and persistent cookies. Session cookies are temporary cookies that are not stored in your browser beyond the session in question. They are used for authentication and security purposes and to ensure the effective and necessary functioning of the Peakers features which you are utilizing. We may also use a session cookie to remember your preferences when viewing the site. These session cookies are erased when you exit your browser. Persistent cookies are those placed on your browser for a pre-determined length of time when you visit this site.
We use the following types of cookies:
• Strictly necessary cookies. These are cookies that are required for the operation of our websites. They include, for example, cookies that enable you to log into secure areas of our websites. More precisely, we use session cookies, authentication cookies, user-centric security cookies.
• Analytical/performance cookies. They allow us to recognize and count the number of visitors and to see how visitors move around our websites when they are using it. This helps us to improve the way our website and app work, for example, by ensuring that users are finding what they are looking for easily. More precisely, we use Google Analytics and mobile analytics.
Cookies above are classified as technical cookies and do not require your prior consent.
• Furthermore, we use Targeting cookies. These cookies record your visit to our websites, the pages you have visited and the links you have followed. We will use this information to make our websites and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
Such cookies are classified as profiling cookies and their use is subject to your prior consent. You can express your consent by following the instructions provided in the banner that appears when you visit our website or app for the first time
As for third-party cookies, we allow third parties to place cookies on your device through the services to:
– help us understand and improve how visitors use our websites, including which of our pages and products are viewed most frequently;
– more effectively market our services and advertise other products and services that may be of interest to you;
– obtain your feedback on our products and the Services.
The use of third-party cookies is not covered by our Privacy Notice. We do not have access or control over these cookies. If you continue to use our websites, we will assume you agree to the use of these cookies.
How a user can opt out of having cookies placed on their device(s)?
Instructions for blocking or allowing cookies in common web browsers are provided at the links below:
• Internet Explorer [link]
• Firefox [link]
• Google Chrome [link]
• Apple Safari [link]
Do Not Track
Some internet browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the “Do Not Track” signal, the Site does not currently interpret, respond to or alter its practices when it receives “Do Not Track” signals.
Can I withdraw my consent?
You can withdraw your consent at any time. If you wish to withdraw your consent, you will need to delete, then block, your cookies using your internet browser settings.
For further information about this policy, please contact: firstname.lastname@example.org