Privacy Policy

Peak Activity, LLC d/b/a PeakActivity (“PeakActivity”, “Us”, “Our” or “We’”) takes the private nature of your personal information very seriously. Please read this Privacy Policy (the “Privacy Policy” or “Policy”) to learn more about the ways in which PeakActivity collects, uses and protects your Personal Data. Your “Personal Data” generally means information that can be used to individually identify a person. This Privacy Policy describes how We use the Personal Data We collect (“Process”) when you visit and use the PeakActivity website located at https://peakactivity.com and the services provided on the PeakActivity website (all of which shall be referred to as the “Site”). At the time you either register on Our Site by contacting Us or browse the Site, you acknowledge and agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree to the terms, please do not access Our Site.

HOW WE PROTECT DATA AND PERSONAL DATA

We treat Personal Data as an asset that must be protected against loss and unauthorized access. We use industry-standard Secure Socket Layer (SSL) software to protect the security of your data and Personal Data during transmission, which encrypts all of the information you input. All data and Personal Data Processed from other sites that you provide through the use of the Site is stored securely. Only employees and agents of PeakActivity who need data and Personal Data to perform a specific task under a Lawful Basis (as defined herein) are granted access to the data and Personal Data. All of Our employees and agents are kept up to date on Our privacy and security practices.

INFORMATION WE COLLECT

Information We Obtain About You. We receive, Process and store any information you enter on the Site or provide to Us in any other way. You can choose not to provide Us with certain information, though you may not be able to take advantage of certain Site features. The personal information you provide may be used and Processed for such purposes as responding to your questions or requests, customizing the content you see, and communicating with you about PeakActivity or the Site. If you send Us personal correspondence, such as emails, or if other users or third parties send Us correspondence about your activities or postings on the Site, We may collect and Process such information into a file specific to you. You agree that We may Process and use your personal information to contact you as provided herein, though Our intent is that email is the only channel We will use to contact you without your consent.

Information We Receive Directly From You. We receive Personal Data directly from you when you provide Us with such Personal Data which includes without limitation: contact information such as name, phone number, email, postal address; device data such as geolocation, diagnostic, usage, computer operating system, system and application software and; other Personal Data contained in the content you submit to Us through Our Site. In each instance where you provide Us with Personal Data, we will require that you ‘opt- in’ to the transmission of Personal Data by clicking a check-box or specifically clicking ‘agree’ to the voluntary transmission of Personal Data.

Information We Obtain by Automated Means. Browsing the Site does not require you to register for an account or provide any Personal Data to Us. In general, PeakActivity will gather some generic information automatically. This generic information includes but is not limited to the internet address assigned to your computer, the device identifier, web browser information, page view statistics, browsing history (as it relates to the Site), Cookies, hardware and software information, geolocation information (to the extent you, your device, shares such information), the number and frequency of visitors to the Site, the URL that you just came from (whether this URL is on the Site or not), and which URL you next go to (whether this URL is on the Site or not), and your computer browser information. Generic information does not reveal the identity of the user and is not Personal Data. This type of aggregate data may enable Us to figure out how often users use parts of the Site, help Us determine Site needs, diagnose technical issues regarding Our Site, and do internal research on Our users’ demographics, interests, and behavior to better understand, protect, and serve you and Our community. PeakActivity may use this data in aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally and be deemed Personal Data. As part of this use of information, We may provide aggregate information, not information about you personally, to third parties about how Our users, collectively, use Our Site. We use analytics to help analyze how Our users use the Site. We may also collect Personal Data about you from third parties, such as data brokers or aggregators, in the course of maintaining the Site. This may include demographic information, professional and other information that is made publicly available online including information you choose to make available through social media platforms and other public online forums. We will always seek to confirm that the third party provided transparent information about the use of its data, including disclosure to third parties like Us, in compliance with applicable law.

Use of Cookies. When you visit the Site, We may send one or more “Cookies” to the internal storage on your device through a web browser. A cookie is a small file containing a string of information that a website stores on your computer, and that your browser provides to the website each time the visitor returns. Any use of Cookies by Us will be solely for the purposes of improving the quality of access to the Site by storing user preferences, and tracking user trends, such as how people use the Site, and their Site access preferences. Cookies tell Us how and when pages in Our Site are visited and by how many people. To the extent PeakActivity uses Cookies, such Cookies do not collect Personal Data, and We do not combine your Personal Data through Cookies with other personal information to tell Us who you are or what your username or e- mail address is. If you do not wish to have Cookies placed on your device you should set your browser to refuse Cookies before using the Site. Most browsers are initially set up to accept Cookies, but you can reset your browser to refuse all Cookies or to indicate when a cookie is being sent. We recommend that you leave the Cookies activated, however, because deleting Cookies may reduce the functionality of the Site. We do not control the use of Cookies by third parties. The first time you visit the PeakActivity Site or in any circumstance where you may clear or delete your Cookies or browsing history, PeakActivity will ask that you consent to the use of Cookies on the Site and that by consenting to the use of Cookies PeakActivity may gather data in accordance with this Privacy Policy through the use of Cookies.

USE OF DATA AND PERSONAL DATA

PeakActivity Processes Personal Data to operate, improve, understand, and personalize Our Site. Common examples of this include but are not limited to: contacting you, providing support and assistance, personalizing content and communications based on your preferences, meeting Our contractual or legal obligations, resolving disputes, responding and fulfilling user inquiries, or protecting against or deterring fraudulent, illegal or harmful action. We will only Process your Personal Data if We have a lawful basis for doing so, which may include contractual necessity, legitimate interest, Personal Data Processed with your consent, and other Processing grounds.

We Process the following categories of Personal Data as a matter of “contractual necessity”, meaning that We need to Process the Personal Data to meet a legal obligation of PeakActivity, which enables Us to provide you with the Site. When We Process Personal Data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Site that require such Personal Data.

We also Process the following categories of Personal Data when We believe it furthers the legitimate interest of Us or third parties including but not limited to operation and improvement of Our business, products, and Site; marketing of Our products and Site; provision of customer support, protection from fraud or security threats; compliance with legal obligations; and completion of corporate transactions.

In some cases, We Process Personal Data based on the consent you expressly grant to Us at the time We collect such data. When We Process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection and We will ask you to opt-in to this Processing.

Lastly and from time to time We may also need to Process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest such as the execution and compliance with a subpoena or other order of a governmental authority.

DISCLOSURE OF DATA AND PERSONAL DATA

We Process Personal Data with vendors, third party site providers, and agents who work on Our behalf and provide Us with Site-related data to the purposes described in this Privacy Policy. These parties may include, but are not limited to, payment processors, fraud prevention site providers, ad networks, analytics site providers, staff augmentation and contract personnel, hosting site providers, co-location site providers, and telecommunications site providers.

We also Process Personal Data when necessary to complete a request or transaction initiated or authorized by you. Such transactions include, but are not limited to: public communication with other users made on the Site, to a social media site or, any third party business partners who you access through the Site.

If We, sell substantially all of Our assets, Our membership interest, if We go out of business or enter bankruptcy, user information and Personal Data would part of a larger group of assets transferred or acquired by a third party, and We would transfer Personal Data with the party acquiring Our assets. You acknowledge that such transfers may occur, and that any acquirer of Us or Our assets may continue to use your Personal Information as set forth in this Privacy Policy or a privacy policy enacted by the acquiring party.

NOTICE TO EU RESIDENTS

We do not actively market within the European Union (“EU”) and do not generally have a business presence in the EU. Nevertheless, if you are a resident of the EU, United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below. You have the right to lodge a complaint about PeakActivity’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State under the GDPR. If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section, the GDPR or whether any of the following applies to you, please contact Us at [email protected], however we will not offer legal advice regarding the GDPR.  

Due to the existing regulatory environment under the GDPR, We cannot ensure that all of your Personal Data, private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example, We may be forced to disclose personal information to the government or third parties under certain circumstances or third parties may unlawfully intercept or access transmissions or private communications. 

NOTICE TO CHILDREN UNDER 16

We do not knowingly, Process, collect or solicit Personal Data from anyone under the age of sixteen (16). If you are under sixteen (16), please do not attempt to register for the Site or send any Personal Data about yourself to Us. If We learn that We have collected Personal Data from a child under age sixteen (16), We will delete that information as quickly as possible. If you believe that a child under sixteen (16) may have provided Us Personal Data, please contact Us at [email protected].

RIGHTS TO YOUR PERSONAL DATA

You have certain rights with respect to your Personal Data, including those set forth herein. To request your Personal Data, make a rectification with regard to Personal Data or withdraw or transfer your Personal Data from Our site, please email [email protected]. Please note that in some circumstances, We may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances We will still respond to notify you of such a decision. In certain cases, We may also need you to provide Us with additional information, which may include additional Personal Data, if necessary, to verify your identity and the nature of your request.

CHANGES TO THIS POLICY

Please note that this Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent and specific opt-in to this change, and We expect most such changes will be minor. Regardless, We will post any Policy changes on this page. We may amend this Privacy Policy at any time by posting the amended terms on the Site. All amended terms shall automatically be effective thirty (30) days after they are initially posted on the Site. Each version of this Policy will be identified at the top of the page by its effective date.

Revised – 5/19/2021