Privacy Policy

Last Updated May 13, 2024.

Peak Strength, LLC (“Peak Strength,” “Company,” “we” or “us”) is committed to protecting your privacy. The following policy (“Privacy Policy”) describes our practices for collecting, using, maintaining, and disclosing information that we collect from you or that you provide to us when you visit our website (our “Site”), use our mobile application (“App”), or use any other products and services made available by us (collectively with the Site, the “Services”).

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. By accessing or using the Services, you agree to the terms of this Privacy Policy. Please be aware that if you are using the Services on behalf of an entity, you are agreeing to this Privacy Policy for that entity and are representing to us that you have the authority to do so (in which case “you” will refer to that entity). If you do not agree with our policies and practices, your choice is not to use the Services.

COLLECTING PERSONAL INFORMATION

When you use our Services, we collect certain information about your device, your interaction with the Services, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support and when subscribing (“User Information”). In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.

Device information

• Examples of Personal Information collected: version of web browser, IP address, time zone, Geolocation information, cookie information, what sites or products you view, search terms, and how you interact with our Services.

• Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.

• Source of collection: Collected automatically when you access our Services using cookies, log files, web beacons, tags, or pixels.

• Disclosure for a business purpose: shared with our processor Payload CMS 

Order information

• Examples of Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers, paypal data, etc.), email address, and phone number.

• Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

• Source of collection: collected from you.

• Disclosure for a business purpose: shared with our processor  If you purchase our Services, you may be required to provide financial information, such as your credit card or bank account number, to a third-party payment processor. We do not collect or store such financial information and we are not responsible for the collection or storage of such information by third parties. We will, however, have access to certain information associated with your account should you purchase the Services, including the amount and date of the purchase.

Customer support information

• Examples of Personal Information collected: Name, email address, phone number

• Purpose of collection: to provide customer support.

• Source of collection: collected from you.

User Information:

• Examples of Personal Information collected: Name, email address, phone number, gender, age, current weight, goal weight, health status, fitness level 

• Purpose of collection: to create your unique User profile, develop an individualized plan, and track your progress

• Source of collection: collected from you

COPPA (Children Online Privacy Protection Act)

Our Services are intended for users who are 13 years of age and older. If you are under the age of 13, you are not permitted to submit any Personal Information to us. If we become aware that we have collected personal data from a child under the age of 13, we promptly delete the personal data.  If you are the parent or guardian and believe that your child has provided us with Personal Information, please contact us at the address below to request deletion.

SHARING PERSONAL INFORMATION

We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:

• We use Payload CMS to power our online store. You can read more about how Payload uses your personal information here: https://payloadcms.com/privacy

• We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

THIRD-PARTY LINKS

Occasionally, at our discretion, we may include or offer third-party products or services on our Site. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our Site and welcome any feedback about these third-party sites.

BEHAVIORAL ADVERTISING

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:

• We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://policies.google.com/privacy?hl=en.You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

• We share information about your use of our Services, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by:

[INCLUDE OPT-OUT LINKS FROM WHICHEVER SERVICES BEING USED. COMMON LINKS INCLUDE: ARE YOU USING ANY OF THESE LINKS?  IF NOT DELETE, THIS SECTION, IF SO, KEEP IN THE APPLICABLE SITES.

• FACEBOOK - https://www.facebook.com/settings/?tab=ads

• GOOGLE - https://www.google.com/settings/ads/anonymous

• BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads]

• Klaviyo - https://www.klaviyo.com/legal/privacy/privacy-notice

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

USING PERSONAL INFORMATION

We use your Personal Information to provide our Services to you, which includes offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers. In addition, we use your Personal Information to create your unique User profile, develop an individualized plan, and track your progress

RETENTION

When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.

TEXT MESSAGE NOTIFICATIONS

By subscribing to our text notifications, you agree to receive automated marketing text messages from us about our products and services at the phone number you provided when you subscribed, and that the messages may be sent via automatic telephone dialing system or other technology. Message frequency is recurring. Consent is not a condition of purchase. Message and data rates may apply. Reply STOP, END, CANCEL, UNSUBSCRIBE or QUIT to opt-out and HELP for customer support. You may receive an additional text message confirming your decision to opt-out.  You understand and agree that attempting to opt-out by any means other than texting the opt-out commands above is not a reasonable means of opting out.

EUROPEAN ECONOMIC AREA PRIVACY DISCLOSURE

LAWFUL BASIS

Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your Personal Information under the following lawful bases:

• Your consent;

• The performance of the contract between you and the Site;

• Compliance with our legal obligations;

• To protect your vital interests;

• To perform a task carried out in the public interest;

• For our legitimate interests, which do not override your fundamental rights and freedoms.

AUTOMATIC DECISION-MAKING

If you are a resident of the European Economic Area (“EEA”), additional EEA-specific provisions apply to our processing of your Personal Information.  You have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.

We DO engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.

Our processor Payload CMS uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

Services that include elements of automated decision-making include:

• Temporary denylist of IP addresses associated with repeated failed transactions. This denylist persists for a small number of hours.

• Temporary denylist of credit cards associated with denylisted IP addresses. This denylist persists for a small number of days.

YOUR RIGHTS

If you are a resident of the EEA, you have certain data rights and we aim to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Information.  If you wish to be informed about what information we hold about you and if you want it to be removed form our systems, please contact us at support@peakstrength.app.  In certain circumstances, you have the following data rights:

(i) You have the right to withdraw consent where you have previously given your consent to the processing of your Personal Information. To the extent that the legal basis for our processing of your Personal Information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

(ii) You have the right to learn if your Personal Information is being processed by us, obtain disclosure regarding certain aspects of the processing, and obtain a copy of your Personal Information undergoing processing.

(iii) You have the right to verify the accuracy of your information and ask for it to be updated or corrected. You also have the right to request us to complete the Personal Information you believe is incomplete.

(iv) You have the right to object to the processing of your information if the processing is carried out on the legal basis of our legitimate interest, necessary to perform tasks in the public interest, or in the exercise of an official authority vested in us. Where Personal Information is processed for the public interest, in the exercise of an official authority vested in us, or for the purposes of the legitimate interests pursued by us, you may object to such processing by providing a ground related to your particular situation to justify the objection.

(v) You have the right, under certain circumstances, to restrict the processing of your Personal Information. These circumstances include: the accuracy of your Personal Information is contested by you and we must verify its accuracy; the processing is unlawful, but you oppose the erasure of your Personal Information and request the restriction of its use instead; we no longer need your Personal Information for the purposes of processing, but you require it to establish, exercise or defend your legal claims; you have objected to processing pending the verification of whether our legitimate grounds override your legitimate grounds. Where processing has been restricted, such Personal Information will be marked accordingly and, with the exception of storage, will be processed only with your consent or for the establishment, exercise or defense of legal claims, for the protection of the rights of another natural, legal person, or for reasons of important public interest.

vi) You have the right, under certain circumstances, to obtain the erasure of your Personal Information from us. These circumstances include: the Personal Information is no longer necessary in relation to the purposes for which it was collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure such as where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, to exercise or defense of legal claims.

(vii) You have the right to receive your Personal Information that you have provided to us in a structured, commonly used, and machine-readable format and, if technically feasible, to have it transmitted to another without any hindrance from us, provided that such transmission does not adversely affect the rights and freedoms of others.

(viii) You have the right to complain to a data protection authority about our collection and use of your Personal Information. If you are not satisfied with the outcome of your complaint directly with us, you have the right to lodge a complaint with your local data protection authority. To find your relevant data protection authority and their contact details, please see the list at: https://edpb.europa.eu/about-edpb/about-edpb/members_en. For more information, please contact your local data protection authority in the EEA. This provision is applicable provided that your Personal Information is processed by automated means and that the processing is based on your consent, on a contract which you are part of, or on pre-contractual obligations thereof.

You may exercise these rights free of charge unless the request is unfounded, excessive, or otherwise unreasonable, for instance because it is repetitive. To exercise these rights, you may be asked to verify your identity and/or provide other details to help respond to your request.  In some situations, we may refuse to act or may impose limitations on your rights, as permitted by law. For the exercise of your rights, please contact us at: support@peakstrength.app

INTERNATIONAL DATA TRANSFERS

Your Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Payload CMS GDPR Pivacy Policy: https://payloadcms.com/privacy

NOTICE TO CALIFORNIA RESIDENTS

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a calendar year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please send an email to  support@peakstrength.app.

If you are under 18 years of age, reside in California, and have a registered account with the Site, you have the right to request removal of unwanted data that you publicly post on the Site. To request removal of such data, please contact us using the contact information provided and include the email address associated with your account and a statement that you reside in California. We will make sure that the data is not publicly displayed on the Site, but please be aware that the data may not be completely or comprehensively removed from our systems.

To request any other changes or information about our collection, use or disclosure of your information, please email us at support@peakstrength.app.

COOKIES

A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the Site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.

We use the following cookies to optimize your experience on our Site and to provide our services.

COOKIES NECESSARY FOR THE FUNCTIONING OF THE STORE

• _ab: Used in connection with access to admin.

• _secure_session_id: Used in connection with navigation through a storefront.

• cart: Used in connection with shopping cart.

• cart_sig: Used in connection with checkout.

• cart_ts: Used in connection with checkout.

• checkout_token: Used in connection with checkout.

• secret: Used in connection with checkout.

• secure_customer_sig: Used in connection with customer login.

• storefront_digest Used in connection with customer login.

REPORTING AND ANALYTICS

• _tracking_consent: Tracking preferences.

• _landing_page: Track landing pages

• _orig_referrer: Track landing pages

The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org.

Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioral Advertising” section above.

DO NOT TRACK

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

CHANGES

This Privacy Policy may change from time to time. If we make any changes, we will post the changes on this page and indicate at the top of this page the date the policy was last revised. We will also notify you of any material changes either through a pop-up notice, email or through other reasonable means. Any such changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new policy.

ACCESSING AND CORRECTING YOUR INFORMATION

If you wish to access, update, correct or delete any Personal Information in our possession that you have previously submitted via the Services, you may log into your account and make updates. If you wish to make changes not available through your account settings, please contact us at support@peakstrength.app.

CONTACT

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at support@peakstrength.app or by mail using the details provided below:

Peak Strength, LLC, 8832 Allentown Pike, Fleetwood PA 19522, United States

If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority. You can contact your local data protection authority, or our supervisory authority here: https://epic.org/dpa/