Peak Flow Privacy Policy
Effective Date: May 24, 2024
Last Updated: August 8, 2024
By using this Website or other applicable services as a user (hereafter “You”), You agree to the
following Privacy Policy. Please read this Policy carefully before using this website or other
applicable services. The key terms defined in our Terms and Conditions apply to this Policy.
This Website is owned and operated by PeakFlow ROC LLC, a(n) Limited Liability Company
(hereafter “our,” “we,” or “Company”) formed in New York, United States, with a principal
place of business in Webster, New York.
Our mailing address is:
754 Newberry Ln Webster NY, 14580
For any privacy-related questions, you can reach us at [email protected]
General
We at Peak Flow LLC respect Your privacy. This Privacy Policy has been compiled to better
serve those who are concerned with how We collect, use, share, and protect Your personally
identifiable information (“PII”) that You provide to us when You access Our Website or other
applicable services, purchase Our goods or services, or engage with us on social media, as well
as Your own rights to the information We collect. PII, according to U.S. privacy law and
information security, is information that permits the identity of an individual to whom the
information applies to be reasonably inferred by either direct or indirect means.
Please read this Privacy Policy carefully.
Although most changes are likely to be minor, We may change our Privacy Policy from time to
time, and at Our sole discretion. We will alert You to any changes to this Policy by changing the
“last updated” date at the top of this Policy. Any changes become effective immediately upon
publication on Our website, and You waive specific notice of any changes to the Policy by
continuing to use and access use Our Website or any other applicable services. We encourage
You to review this Privacy Policy periodically when You use Our Website or any other
applicable services, for any purpose or engage with us on social media. You are deemed to have
accepted any changes to any revised Privacy Policy by Your continued use of Our Website or any
other applicable services after the revised Privacy Policy is posted.
Information Collected
We collect a variety of information from You when You visit Our website, make purchases, or
interact with us on social media. By accepting this Privacy Policy, You are specifically
consenting to Our collection of the data described below, to Our use of the data, to the processing
of this data, and to Our sharing of the data with third-party processors as needed for Our
legitimate business interests. The information We collect may include:
Personal Data:Â Personal Data is information that can be used to identify You specifically,
including Your name, shipping address, email address, telephone number or demographic
information like Your age, gender, or hometown. You provide some of this information when
You register with or make purchases from Our website. You consent to give us this information
by providing it to us voluntarily on Our Website, or any other applicable service, or any mobile
application. You may also provide this information by participating in various activities
associated with Our Website or other applicable services, including responding to blogs,
contacting us with questions, or participating in group training. Your decision to disclose this
data is entirely voluntary. You are under no obligation to provide this information, but Your
refusal may prevent You from accessing certain benefits from Our website or from making
purchases.
Derivative Data:Â Derivative data is information that Our servers automatically collect about You
when You access Our Website or any other applicable services, such as Your IP address, browser
type, the dates and times that You access Our website, and the specific pages You view. If You
are using a mobile application, Our servers may collect information about Your device name and
type, Your phone number, Your country of origin, and other interactions with Our application.
Financial Data:Â Financial data is data that is related to Your payment methods, such as credit card
or bank transfer details. We collect financial data in order to allow You to purchase, order, return
or exchange products or services from Our website and any related mobile apps. We store limited
financial data. Most financial data are transferred to Our payment processor and You should
review these processors’ Privacy Policy to determine how they use, disclose and protect Your
financial data.
Social Networking Data:Â We may access personal information from social networking sites and
apps, including Facebook, Instagram, TikTok, LinkedIn, Twitter, Snapchat or other social
networking sites or apps not named specifically here, which may include Your name, Your social
network username, location, email address, age, gender, profile picture, and any other public
information. If You do not want us to access this information, please go to the specific social
networking site and change Your privacy settings.
We abide by Facebook’s Data Use Restrictions.
Any ad data collected, received or derived from our Facebook ad (“Facebook advertising data”)
is only shared with someone acting on our behalf, such as our service provider. We are
responsible for ensuring that our service providers protect any Facebook advertising data or any
other information obtained from us, limit our use of all of that information, and keep it
confidential and secure.
We do not use Facebook advertising data for any purpose (including retargeting, commingling
data across multiple advertisers’ campaigns, or allowing piggybacking or redirecting with tags),
except on an aggregate and anonymous basis (unless authorized by Facebook) and only to assess
the performance and effectiveness of our Facebook advertising campaigns.
We do not use Facebook advertising data, including the targeting criteria for a Facebook ad, to
build, append to, edit, influence, or augment user profiles, including profiles associated with any
mobile device identifier or other unique identifier that identifies any particular user, browser,
computer or device.
We do not transfer any Facebook advertising data (including anonymous, aggregate, or derived
data) to any ad network, ad exchange, data broker or other advertising or monetization related
service.
Mobile Device Data: If You use Our Website or any other applicable services via a mobile device
or app, We may collect information about Your mobile device, including device ID, model and
manufacturer, and location information.
Other data:Â On occasion, You may give us additional data in order to enter into a contest or
giveaway or to participate in a survey. You will be prompted for this information, and it will be
clear that You are offering this kind of information in exchange for an entry into such a contest or
giveaway.
Use of Information
Your information allows us to offer You certain products and services, including the use of Our
Website or any other applicable services, to fulfill Our obligations to You, to customize Your
interaction with Our company and Our website, and to allow us to suggest other products and
services We think might interest You. We generally store Your data and transmit it to a
third-party for processing. However, to the extent We process Your data, We do so to serve Our
legitimate business interests (such as providing You with the opportunity to purchase Our goods
or services and interact with Our website).
Specifically, We may use the information and data described above to:
1. Create and administer Your account; and
2. Deliver any products or services purchased by You to You; and
3. Correspond with You; and
4. Process payments or refunds; and
5. Contact You about new offerings that We think You will be interested in; and
6. Interact with You via social media; and
7. Send You a newsletter or other updates about Our company or website; and
8. Deliver targeted advertising; and
9. Request feedback from You; and
10. Notify You of updates to Our product and service offerings; and
11. Resolve disputes and troubleshoot any problems; and
12. Administer contests or giveaways; and
13. Generate a profile that is personalized to You, so that future interactions with Our website
will be more personal; and
14. Compile anonymous statistical data for Our own use or for a third-party’s use; and
15. Assist law enforcement as necessary; and
16. Prevent fraudulent activity on Our website or mobile app; and
17. Analyze trends to improve Our website and offerings.
Disclosure of Information
We may share Your information with third parties in certain situations. In particular, We may
share Your data with third-party processors as needed to serve Our legitimate business interests,
which include administration of Our Website or any other applicable services, administration of
Your account, entering into contracts with You, communicating with You, taking orders for
goods or services, delivering Our goods and services, identifying trends, protecting the security
of Our company and website, and marketing additional goods and services to You. The legal
basis for Our disclosure of Your data is both Your Consent to this Privacy Policy and Our own
right to protect and promote Our legitimate business interests.
The following are specific reasons why We may share Your information.
Third-party Processing and Disclosure:Â We may disclose Your information to third parties who
assist Us with various tasks, including payment processing, hosting services, email delivery and
customer service. We do not sell, trade, or otherwise transfer to outside parties Your personally
identifiable information unless we provide You with advance notice. This does not include
website hosting partners and other parties who assist us in operating our website, conducting our
business, or servicing You, so long as those parties agree to keep this information confidential.
However, non-personally identifiable visitor information may be provided to other parties for
marketing, advertising, or other uses.
We may also release Your information when we believe release is appropriate to comply with the
law, enforce our site policies, or protect our or others’ rights, property or safety.
By Law: We may share Your data as required by law or to respond to legal process, including a
subpoena, or as necessary to protect the rights, property, and safety of others. This includes
sharing information with other parties to prevent or address fraud and to avoid credit risks.
To Protect Our Company:Â We may use Your information to protect Our company, including to
investigate and remedy any violations of Our rights or policies. We may also disclose Your
information as reasonably necessary to acquire and maintain insurance coverage, manage risks,
obtain financial or legal advice, or to exercise or defend against legal claims.
Affiliates:Â We may share Your personal information with Our business affiliates who promote
Our product(s) or service(s) for a commission fee. We require Our affiliates to honor this Privacy
Policy. They are not allowed to spam You and must disclose they are an affiliate for us. If they
do not do so, they are in violation of their affiliate terms and this Privacy Policy, and any
violation of this nature should be reported to [email protected].
Advertisers:Â We may use third-party advertising companies to run and manage Our ads to
produce ads that appears when You visit Our Website or any other applicable services. These
companies may use information about Your visit to Our website and other websites that are
contained in web cookies (as described below) to offer You personalized advertisements about
goods and services that might interest You. We cannot control the activities of such other
advertisers or web sites. You should consult the respective Privacy Policies of these third-party
advertisers for more detailed information on their practices as well as for instructions about how
to opt-out of certain practices.
Other third parties:Â We may share information with advertisers, Our investors, or other
third-parties for the purpose of conducting general business analysis. If We do so, We will make
reasonable efforts to inform You if required by law.
Sale or Bankruptcy:Â In the event that Our company is sold, goes out of business or enters
bankruptcy, Your information may be an asset that is transferred to a third-party successor. Such
a successor is not bound by Our Privacy Policy and may have its own. You will be notified in the
event Our Company is sold, goes out of business, or enters bankruptcy.
Interaction with others: If You interact with others on Our Website or any other applicable
services, such as participating in a group chat or a group online course, other users may have
access to some of Your data, including Your name, profile picture, and Your history of
interaction with Our website, such as prior comments or posts.
Online postings:Â When You post online, Your posts may be viewed by others, and We may
distribute Your comments outside the website.
External Links: Our Website or any other applicable services may include hyperlinks to other
websites not controlled by us. We suggest You exercise caution when clicking on a hyperlink.
Although We use reasonable care in including a hyperlink on Our own web page, We do not
regularly monitor the websites of these third-parties, and are not responsible for any damage or
consequences You suffer by using these hyperlinks. We are not bound by the Privacy Policies of
any third-party website that You access by a hyperlink, nor are they bound by ours. We
encourage You to read the Policies of those third-party websites before interacting with them or
making purchases. They may collect different information and use different methods than We do.
Other purposes:Â We may disclose Your personal data as necessary to protect Your interests, or the
vital interests of others or Our company.
Unless You inform Us in accordance with the process described below, We reserve the right to
use, and to disclose to third parties, all of the information collected from and about You while
You are using Our Website or any other applicable services any way and for any purpose, such as
to enable Us or a third party to provide You with information about products and services. If You
do not wish Your information to be used for these purposes, You must send a letter to the address
listed at the top of this Privacy Policy requesting to be taken off any lists of information that may
be used for these purposes or that may be given or sold to third-parties.
Tracking Technologies
Cookies, Log Files and Web Beacons: Like many other websites, We make use of log files.
These files merely log visitors to the site – usually a standard procedure for hosting companies
and a part of hosting services’ analytics. The information inside the log files includes internet
protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp,
referring/exit pages, and possibly the number of clicks. This information is used to analyze
trends, administer the site, track users’ movement around the site, and gather demographic
information. IP addresses and other such information are not linked to any information that is
personally identifiable.
We also use cookies and web beacons to store certain information. Cookies are small files that a
site or its service provider transfers to your computer/device’s hard drive through your Web
browser (if You allow) that enable the site’s or service provider’s systems to recognize your
browser and capture and remember certain information. We may use cookies to authenticate
Your identity for personalization, for security, for targeted advertising, or for analysis of the
performance of our website and services. They are also used to help us understand Your
preferences based on previous or current site activity, which enables us to provide You with
improved services. We also use cookies to help Us compile aggregate data about site traffic and
site interaction so that we can offer better site experiences and tools in the future. We use cookies
that are not specific to Your account but unique enough to allow us to analyze general trends and
use and to customize Your interaction with our website.
Most browsers are set to accept cookies by default. In addition, when You first encounter Our
website, You will be asked to “consent to cookies.” If You wish to disable cookies, You may do
so through Your individual browser options. However, this may affect Your ability to use or
make purchases from Our Website or any other applicable services. By continuing to use Our
Website or any other applicable services and not disabling cookies on Your browser, You are
consenting to Our use of cookies in accordance with the terms of this policy. We honor do not
track signals and do not track or plant cookies when a Do Not Track (DNT) browser mechanism
is in place.
In addition, We may use third-party software to post advertisements on Our website or mobile
app to oversee marketing or email campaigns or manage other company initiatives. This
third-party software may use cookies or similar tracking technology. We have no control over
these third-parties or their use of cookies. For more information on opting out of interest-based
ads, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance
Opt-Out Tool.
Website Analytics
We may partner with third-party analytic companies, including but not limited to Google
Analytics. The analytic companies may also use cookies or other tracking technologies to
analyze visitors’ use of Our Website or any other applicable services to determine the popularity
of the content and better understand online activity. We do not transfer personal information to
these third-party vendors.
Processing Your Information
In most circumstances, We do not process Your information in-house but give it to third-party
processors for processing. For example, when PayPal takes Your payment information, they are a
third-party processor. They process Your payment and remit the funds to Us.
We may, from time to time, process Your data internally. Our purposes in processing this
information is to administer, maintain, and improve Our website and offerings, to enter into
contracts with You, to fulfill the terms of those contracts, to keep records of Our transactions and
interactions, to be able to provide You with goods and services, to comply with Our legal
obligations, to obtain professional advice, and to protect the rights and interests of Our company,
Our customers (including You), and any third-parties. We may process the following data:
1. Data associated with Your account, such as Your name, address, email address and payment
information
2. Data about Your usage of Our Website or any other applicable services, such as Your IP
address, geographical information, and how long You accessed Our website and what You
viewed.
3. Data related to Your personal profile, such as Your name, address, profile picture, interests and
hobbies, or employment details.
4. Data that You provide us in the course of using Our services.
5. Data that You post on Our Website or any other applicable services, such as comments or
responses to blogs.
6. Data that You submit to us when You make an inquiry regarding Our Website or any other
applicable services.
7. Data related to Your transactions with us, including Your purchase of Our goods or services.
This information may include contact details and payment information.
8. Data that You provide to us when You subscribe to Our emails or newsletters, including Your
email address and contact information.
9. Data that You submit to us via correspondence, such as when You email us with questions.
10. Any other data identified in this policy, for the purpose of complying with Our legal
obligations, or to protect the vital interests of You or any other natural person.
Data Retention
We retain personal data as long as it is needed to conduct Our legitimate business purposes or to
comply with Our legal obligations, or until You ask Us to delete Your data. For example, We will
retain certain personal information indefinitely for the purposes of maintaining Your account,
unless and until You delete Your account. Data that We gather for a specific and particular
purpose, such as assisting law enforcement or analyzing trends, will not be kept for longer than is
necessary for that particular purpose. Data that is no longer needed by us for any of the purposes
listed above will be permanently deleted.
You may request that We delete Your data at any time. However, note that We cannot control the
retention policies of third parties. If You wish to have any third parties, including those to whom
We’ve transmitted Your data, delete that data, You will need to contact those third-parties
directly. You may request from us a list of all third parties to whom We have transmitted Your
data.
Your Rights
You have certain rights with respect to Your personal data, as outlined within this Privacy Policy.
We may charge You a reasonable fee for actions that You ask us to take with respect to Your
data. We also reserve the right to request that You provide us with evidence of Your identity
before We take any action with respect to the exercise of Your data rights. Further, Your rights
may be restricted or nullified to the extent they conflict with Our compelling business interests,
the public interest, or the law.
Update Account Information:Â You have the right to update or change any information You have
provided to us. To update or delete Your information, please contact us at [email protected].
Confirm Personal Data and Its Use:Â You have the right to request that We confirm what data We
hold about You, and for what purposes. You also have the right to confirmation of whether We
process Your data or deliver Your data to third-party processors, and for what purposes. We will
supply You with copies of Your personal data unless doing so would affect the rights and
freedoms of others.
Change Consent:Â You have the right to change Your consent to Our use of Your information. In
such cases, We may require You to delete Your account with us, as described above, and You
may not have full access to Our website.
Opt-Out of Communications:Â If you do not wish to receive marketing communications from Us,
you can unsubscribe via the link in an email you have received.
Request a Copy of Data:Â You have the right to request a digital copy of the data that We hold
about You. Your first request for a copy of Your personal data will be provided free of charge;
subsequent requests will incur a reasonable fee.
Delete All Data:Â You have the right to request that We delete all data that We hold about You,
and We must delete such data without undue delay. There are exceptions to this right, such as
when keeping Your data is required by law, is necessary to exercise the right of freedom of
expression and information, is required for compliance with a legal obligation, or is necessary for
the exercise or defense of legal claims. Such a request may result in termination of Your account
with Us and You may have limited or no use of Our Website or any other applicable services.
Marketing Communications:Â You may opt-out of receiving any third-party marketing
communications or having Your personal information used for marketing purposes.
Processing: In some circumstances, You may restrict the processing of Your data, such as when
You contest the accuracy of Your data or when You have objected to processing, pending the
verification of that objection. When processing has been restricted, We will continue to store
your data but will not pass it on to third-party processors without Your consent, or as necessary
to comply with legal obligations or protect Your rights or those of others or Our company. In
addition, You may opt-out of any processing of Your data altogether. Doing so may result in the
termination of Your account and loss of access to Our website.
Complaints:Â You have the right to complain to a supervising authority if You believe We are
misusing Your data or have violated any of Your rights under this Privacy Policy or applicable
law.
Newsletter and Marketing
You may volunteer certain information to Us that is used for email and marketing purposes. This
information includes, but is not limited to, Your name and email. You can unsubscribe from any
future communications via email, but We reserve the right to maintain a database of past email
subscribers. We reserve the right to use this information as reasonably necessary in Our business
and as provided by law. Your information will be shared with reasonably necessary parties for
the ordinary course of conducting Our business, such as through Facebook ads or other
marketing campaigns.
Data Breach Procedures
We take all reasonable steps to protect Your personal data and keep Your information secure. We
use recognized online secure payment systems and implement generally accepted standards of
security to protect against personal data loss or misuse. However, no security measure is
foolproof, and no method of data transmission can be guaranteed against interception or misuse.
We cannot guarantee complete security of any information You transmit to us. By consenting to
this Privacy Policy, You acknowledge that Your personal data may be available, via the internet,
around the world. We cannot prevent the use or misuse of Your data by other parties.
In the unlikely event, customer data has been lost, stolen, or potentially compromised, Our policy
is to alert our customers via email no later than 72 hours of Our company becomes aware of the
event. We will also report such incidents to any required data protection authority. We will work
closely with any customers affected to determine the next steps such as any end-user
notifications, needed patches, and how to avoid any similar event in the future.
Notice to California Residents
The California Privacy Protection Act and the California Business and Professions Code require
that we summarize Your privacy rights.
If You are a California resident, You have a right to limit our use of sensitive personal
information for any purposes other than to provide the services or goods You request or as
otherwise permitted by law. To opt-out from such additional purposes, please contact us.
To the extent we “sell” Your personal information (as the term “sell” is defined under the CCPA),
You have the right to opt-out of that “sale” on a going-forward basis at any time.
At Your request, we will provide You with the categories of personally identifiable information
that is collected through this website and the categories of third-party entities with whom such
personal information may be used. California law allows You to control who we can and cannot
share your personal information with. To obtain any information You are entitled to under
California law, please send a request by email or through the contact form on this website. There
is no charge for requesting this information from Company.
COPPA (Children Online Privacy Protection Act)
This website is not designed for use by children under age 16, and We do not knowingly solicit
personal data from anyone under age 16. If You are under age 16, do not access or use Our
website or related products or services. If You become aware that We have collected data of
anyone under the age of 16, please contact us so that We may delete that data.
When it comes to the collection of personal information from children under 13, the Children’s
Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission,
the nation's consumer protection agency, enforces the COPPA Rule, which spells out what
operators of websites and online services must do to protect children's privacy and safety online.
International Privacy and GDPR Disclaimer
This website’s servers are located within the United States. Thus, if you are visiting this website
from outside the United States, you agree that you are sending information to the United States.
If you are a member of the EU, Your data is protected by appropriate safeguards, namely the
EU-US Privacy Shield and GDPR. By clicking submit to any opt-ins on this website, You
consent to the collection of your name and email and will receive communications from
Company. You have the right to object to the processing of Your data at any time. Your
information will not be shared with any third parties in the EU.