Privacy Policy

At Peak Resources, LLC ("Company", "we" or "us"), the operator of the AT PEAK mobile application and supporting website (collectively, the "App"), is committed to preserving the privacy of those who visit our App. This policy will outline how we gather and utilize various types of information obtained during your visit to the App. This Privacy Policy applies solely to information collected by the App. By using or accessing the App, you consent to the terms of this Privacy Policy. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY YOU MAY NOT ACCESS OR OTHERWISE USE THE APP.

Personal and Non-Personal Information

You must be at least 13 years of age to register for an account on this App. If you are a parent or legal guardian of a child under the age of 13 (collectively, "parent"), you may register an account on behalf of your child, provided your child is at least eight (8) years of age, by complying with the procedures and following the instructions set forth during the registration process, which may require you to submit certain information about yourself (including credit card information) so that we can verify your consent to your child's use of the App. In order to register for an account, on behalf of yourself or your child, you may be asked to provide, or you may choose to upload, certain personally identifiable information about yourself or your child (collectively, "Personal Information").

If you are at least 13 years of age, you may register on this App for the following accounts: (i) a 13 and Over Account for yourself or for your child (who must be at least 13 years of age); or (ii) an Under 13 Account for your child (if your child is under 13 years of age but at least eight 8 years of age). The following Personal Information may be collected when registering for the following accounts or utilizing some of the services on this App:

  • 13 and Over Accounts: If registering a 13 and Over Account for yourself or for your child (who must be at least 13 years of age), Personal Information can include your name, birth date, gender, email address, physical address, and telephone (cellphone) number and/or your child's name, birthdate, gender, email address, zip code, sports/hobbies, school name, team name or club name. Personal Information may also include any other information that you or your child may provide, including, but not limited to, preferences and responses to polls and surveys. If you are registering an account for a customized program for either yourself or your child, you may provide us answers to questions (e.g., weight, height, preferred method of exercise, or caloric intake) that may be utilized to create your customized program. The App allows you and your child (if your child is at least 13 years of age) to post photographs, videos or other "user generated" content, comments, or blogs (collectively, "UGC"), including in connection with a contest, survey, sweepstakes or other promotional features. If we wish to use any UGC beyond the scope of our initial request, we may contact you for permission to do so. By registering a 13 and Over Account for your child, you hereby warrant and represent that your child is at least 13 years of age.
  • Under 13 Accounts: If you are registering an account on behalf of your child who is under 13 years of age but at least 8 years of age, you can register an Under 13 Account for your child by providing us with your child's first and last name. Under 13 Accounts will have limited access to the App, as some parts of the App are not intended for children under the age of 13. Children under 13 years of age with an Under 13 Account can still surf certain sections of the App, view content, and play games without any Personal Information being collected from them.

If you register an account for your child, you will be given a user name and/or password for your child so that your child can access the App.

A credit card number will be required to register an account on this App. All registrations will be processed via Stripe, an online payment processor, which may ask you to provide further information. This credit card information will be retained by Stripe and will not be passed on to us, as we do not store credit card information. We advise you to read the Terms and Condition and Privacy Policy on the Stripe site for further information on what information will be required and the way Stripe will use it.

By registering an account on this App, you signify your consent to the collection and processing of your Personal Information and your child's Personal Information (if you choose to set up an account for your child) in accordance with this Privacy Policy.

In addition, we may also collect non-personally identifiable information, such as IP host address, pages viewed, browser type, duration and frequency of visits, and other data, and may aggregate any information collected in a manner which does not identify any individual ("Aggregate Information"). Non-personal information obtained in connection with the App may be intermingled with and used by us in conjunction with information obtained through sources other than the App, including both offline and online sources.

Information Usage

In general, we use your Personal Information as necessary or appropriate for purposes including to:

  • administer your account;
  • register you and provide you access to the App or its services;
  • respond to inquiries or requests that you direct to us;
  • fulfill your requests for products or services;
  • send communications and administrative emails about the App or its services;
  • personalize and better tailor the features, performance and support of the App, its services or its programs;
  • send you promotional/marketing information, newsletters, offers or other information regarding opportunities and functionality that we think would be of particular interest to you;
  • improve the quality of the app and its services, and
  • analyze, benchmark and conduct research on user data and user interactions with the app and its services.

We do not sell your Personal Information to third parties or mass marketers. For example, we will not sell another company your name or email address. Unless you consent to the disclosure of your Personal Information, only we and our affiliates, our technical consultants, third party auditors and other third parties who make our App available, enhance its functionality, or provide associated services and/or who deal with you in delivering or fulfilling content, samples, products, gifts and prizes, have access to this information, and we require them to agree that they are covered by this policy.

We periodically prepare analyses and reports reflecting visitor use of the App. In preparing these reports, we may combine and analyze the Personal Information you provide to us with information from other external sources. However, the reports we prepare will only include aggregate information about App users and will not identify any individuals. Any of our business partners with whom we share such reports will not be able to identify you or contact you from the information contained in the reports.

Please note that we reserve the right to and may disclose Personal Information about you in response to (a) requests from local, state or federal law enforcement officials; (b) any judicial, administrative or similar proceeding or order, such as subpoena; (c) if required by law; or (d) to investigate suspected fraud, harassment, physical threats, or other violations of any law, rule or regulation, the App rules or policies, or the rights of third parties or to investigate any suspected conduct which we deem improper. Please also note that we do reserve the right to transfer your Personal Information and other information to our successors in business and purchasers of App assets.

Protection for Children Under 13

We are dedicated to the privacy of children, particularly children under 13 years of age. This App is not intended for registration by children, including any children under the age of 13. If your child is under 13 years of age but at least 8 years of age, you can register an Under 13 Account for your child as set forth above. Please note that, once you have registered an Under 13 Account for your child, the default settings provide your child unlimited access to the App. You may, however, revise the settings of the App so that your child's Under 13 Account has limited access to the App - we have age-gated certain parts of the App that are not intended for children under the age of 13 to allow you this control. For example, children under 13 years of age can be prevented from entering and participating in any blogs, chat rooms, bulletin boards, sweepstakes, contests, other promotions or any of our social media platforms. To revise the settings of the App to restrict access to the App through your child's Under 13 Account, or to generally inquire on your rights with respect to your child's information, please contact us at help@atpeaksports.com.

We do not knowingly collect Personal Information directly from children under 13 years of age unless we receive the applicable parents' or legal guardians' consent to do so. Where appropriate, we take reasonable measures to inform children under 13 years of age not to access or submit Personal Information to the App. If a child under 13 years of age has provided us with Personal Information and we have not obtained the consent of that child's parent or legal guardian to do so, we will use all reasonable efforts to delete such information from our database and to not use such information for any purpose (except where necessary to protect the safety of the child or others as required or allowed by law).

In addition to the access and opt-out rights set forth below, we will, upon the request of a parent or guardian of a child under the age of 13, provide a summary of any Personal Information about that child retained by us, as voluntarily provided through blogs, chat rooms, bulletin boards, email, contact forms, or other online avenues. Upon receipt of such summary, a parent or guardian of a child under the age of 13 may have any such information deleted and/or request that there be no further collection or use of that child's Personal Information. We will take steps to verify the identity of anyone requesting Personal Information about a child and to ensure that the person is in fact the child's parent or legal guardian. For avoidance of doubt, parents of children under the age of 13 have the option of consenting to the collection and use of their child's Personal Information without consenting to the disclosure of that Personal Information to certain third parties.

Cookies

Our App may pass a "cookie" (a string of information that is sent by a website to be resident on your system's hard drive, and/or temporarily in your computer's memory blocks). The purpose of a cookie is to tell the web server that you have returned to a particular page. You may set your browser to decline cookies. If you do so, however, you may not be able to fully experience some interactive features of the App.

Clickstream

As you use the Internet, a trail of electronic information is left at each website you visit. This information, which is sometimes referred to as "clickstream data," can be collected and stored by a website server. Clickstream data can tell us the type of computer and browsing software you use and the address of the website from which you linked to the App. We may collect and use clickstream data as a form of Aggregate Information to anonymously determine how much time visitors spend on each page of our App, how visitors navigate throughout the App and how we may tailor our web pages to better meet the needs of visitors. This information will be used to improve our App and our services. Any collection or use of clickstream data will be anonymous and aggregate, and will not intentionally contain any Personal Information.

Social Media Platforms

Our App provides you with the ability to register, log into, "like" or otherwise interact with your social media platforms, including, but not limited to, on Facebook, Twitter, and Instagram. The App may also contain links to other social media platforms, and you may be given the choice of connecting to one or more social media platforms from this App. We do not post anything to your social media services without your explicit consent. However, upon providing your consent, these features may display some of your Personal Information or other information relating to you on or in connection with these social media services. We do not control these social media services or your profiles on these services, or modify your privacy settings on these services or establish rules about how your Personal Information on these services will be used. By linking to any social media platform, you will be assuming the risk that the Personal Information you provide on that platform may be viewed and/or used by third parties for any purposes and agree that we have no control or responsibility for such third party viewing and uses.

If you choose to log on to or submit information through any of these social media platforms, your Personal Information will be subject to the applicable social media platform's terms and conditions and your current privacy settings on such social media platform.

Do Not Track Signals

Some browsers incorporate a Do Not Track feature that signals to websites you visit that you do not want to have your online activity tracked. "Tracking" refers to collecting information from consumers as they move across different websites over time. This App is not yet set up to look for or respond to Do Not Track signals communicated by your browser. For a description of Do Not Track protocols for browsers and mobile devices, or simply to learn more about the choices available to you, you can visit the All About Do Not Track website: http://allaboutdnt.com.

Links to Third Party Sites

Our App may contain links to other web sites or apps, including, without limitation, our affiliated or co-branded web sites. Other web sites or apps may also reference or link to our App. These "other" domains (web sites) and apps are not controlled by Company. We encourage our users to be aware when they leave our App to read the privacy policies of each and every web site and app that collects personally identifiable information. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other web sites or apps. Visiting these other web sites and apps is at your own risk.

Security

We will not be liable for disclosures of your Personal Information due to errors in transmission or unauthorized acts of third parties. We have undertaken commercially reasonable efforts to prevent unauthorized Internet access to visitor data retained in our servers, however, due to the inherent open nature of the Internet, we cannot ensure or warrant the security of any information you transmit to us or any information provided online, and you do so at your own risk. Users must accept all risks associated with any data transmission, including the risk that their personal information may be intercepted in transit.

Bulletin Boards and Chat Areas

You should be aware that Personal Information which you voluntarily include and transmit online may be viewed and used by others. Users of the App are solely responsible for the content of messages they post online including on public forums. These forums include, but are not limited to, on- and off-site chat rooms, teammate rooms, bulletin boards, blogs or other publicly accessible forums which may be viewed and used by anyone with access to such forums. Users should be aware that when they voluntarily disclose Personal Information within a public forum that user information may be collected and used by others. The App is unable to control such uses of your Personal Information, and by using such services you assume the risk that the Personal Information provided by you may be viewed, used, and disclosed by third parties. Therefore, by submitting information on any such bulletin board, chat room and other public forum, you acknowledge that you have no expectation of privacy with regard to any submission or posting.

Policy Modifications/Opt-Out

We reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Policy at any time. However, if at any time in the future we plan to use Personal Information in a way that differs from this Privacy Policy, we will post such changes here. Your continued use of the App following the posting of any changes to this Privacy Policy means you accept such changes. Please check this page periodically for changes to this Privacy Policy.

In addition to the special access and opt-out rights set forth above for parents or guardians of children under the age of 13, we give you the option to remove your Personal Information from our list of active users. All unsubscribe or opt-out requests should be sent to us at unsubscribe@atpeakresources.com and we will process your request within a reasonable time after receipt. Please note that there might be a brief delay between when you submit your request to "opt-out" and when it is processed and reflected in our systems; accordingly you may continue to receive communications from us for a limited time after you unsubscribe. We appreciate your patience. We are not responsible for removing your Personal Information from the lists of any third party who has previously been provided your information in accordance with this policy.

Request for Deletion of Posted Content by Minors

If you are a minor under the age of 18, you may request that we remove any comment or information that you have posted on the App so that the comment or information is no longer displayed to other users of the App. Such a request to remove any publicly visible comment or information should be sent to us at privacy@atpeakresources.com. Please note that a request to remove such content does not require us to remove the information from our servers, but we will remove the content so that it is no longer visible to other users of the App. We are not obligated to remove content that was posted about you by a third party, or content that you posted that was re-posted, stored, or republished by a third party.

Communications with Company

By providing your email address and/or mobile phone number to us upon registration, you expressly consent to receive emails, text messages or other forums of electronic communications from us using such email address and/or mobile phone number. We may use email or text message to communicate with you regarding the App, to send information that you have requested, or to send information about other products or services developed or provided by us, provided that, we will not give your email address to another party to promote their products or services directly to you.

Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and nonproprietary. Except to the extent expressly covered by this policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

App Terms of Use

Use of this App is governed by, and subject to, the legal notices contained in our Terms and Conditions. Your use, or access, of the App constitutes your agreement to be bound by these provisions. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MAY NOT ACCESS OR OTHERWISE USE THE APP.

Access to and Ability to Correct Personal Information

In addition to the special access and opt-out rights set forth above for parents or guardians of children under the age of 13, upon your request via e-mail or telephone to the e-mail address or telephone number set forth below, we will provide you with a summary of any personal information retained by the Company that has been voluntarily provided by you to the Company through any online avenue. You may modify, correct, change or update your personal information by contacting the Company via e-mail or telephone at the address or telephone number set forth below.

California Residents

California Civil Code Section 1798.83 (also known as the "Shine The Light" law) permits users who are California residents to request and obtain from us once a year, free of charge, information about the Personal Information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of Personal Information that was shared and the names and addresses of all third parties with which we shared such information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please contact us at privacy@atpeakresources.com.

Governing Law

This Privacy Policy and our legal obligations hereunder are subject to the laws of New York, U.S.A., regardless of your location. You hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in New York County, New York, U.S.A. in all disputes arising out of or relating to the App.

Comments and Questions

If you have any questions, comments or concerns about our Privacy Policy, you may contact us at the following address: info@atpeakresources.com or telephone number 917-348-0917.

United States of America

Our App is maintained in the United States of America. By using the App, you agree to the transfer of information to the United States, which may provide for different data protection rules than in your country.

Effective Date: This privacy policy is effective and was last updated on March 3, 2015.