I. Overview
Peak Support, LLC complies with the EU-US Data Privacy Framework (EU-US DPF), the UK Extension to the EU-US DPF, and the Swiss-U.S. Data Privacy Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union members countries, the United Kingdome (including Gibraltar) and Switzerland transferred to the United States pursuant to the DPF Frameworks.
Peak Support has certified that it adheres to the Data Privacy Framework Principles with respect to such data. If there is any conflict between the policies in this privacy policy and the data subject rights under the DPF Principles, the DPF Principles shall govern. To learn more about the Data Privacy Framework program, and to view our certification page, please visit https://www.dataprivacyframework.gov/
With respect to personal data received or transferred pursuant to the Data Privacy Frameworks, Peak Support is subject to the regulatory and enforcement powers of the U.S. Federal Trade Commission.
II. Definitions
For the purposes of this Privacy Policy:
“Controller” means a person or organization which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.
“Customer” means any entity that purchases the Service.
“Customer Data” means the electronic data uploaded into the Service by or for a Customer or its Users.
“EU” means the European Union and Iceland, Liechtenstein and Norway
“UK” means the United Kingdom and Gibraltar
“Personal Data” means any information, including Sensitive Data, that is (i) about an identified or identifiable individual and (ii) received by Peak Support in the U.S. from the EU in connection with the Service.
“Processor” means any natural or legal person, public authority, agency or other body that processes Personal Data on behalf of a Controller.
“Data Privacy Framework Principles”/ “DPF Principles” means the Principles and Supplemental Principles of the Data Privacy Framework.
“Sensitive Data” means Personal Data specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, sex life, the commission or alleged commission of any offense, any proceedings for any offense committed or alleged to have been committed by the individual or the disposal of such proceedings, or the sentence of any court in such proceedings.
“Service” means an organization that provides work performed in an expert manner by an individual or team for the benefit of its customers
“User” means an individual authorized by Customer to access and use the Service.
III. Types of Personal Data Collected and Purpose
Peak Support hosts and processes Personal Data to carry out functions and activities at the direction of and pursuant to the instructions of Peak Support Customers or Users when they purchase our services, log-in to their account, request information from us, or otherwise communicate with us. The types of Personal Data from Customers or Users Peak Support may collect or have access to in connection with include:
Name
Email address
Business address
Business phone number
Business account number
Username
Password
Job title
In addition, data collection also occurs, for example, when a Customer visits Peak Support’s website.
Contact information, such as name, company, email address, and telephone number; and
Personal Data in content Customers provide on Peak Support’s website and other data collected automatically through the website (such as IP addresses, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on our website, and dates and times of website visits).
Peak Support may also obtain Personal Data, such as contact information, such as name, and financial account information, of its Customer’s representatives. Peak Support uses this information to manage relationships with its Customers, process payments, expenses, and reimbursements, and carry out Peak Support’s obligations under its contracts with Customers.
IV. Notice
Peak Support notifies Customers and Users about its privacy practices, including the purposes for which it collects and uses Personal Data, the types of Personal Data Peak Support collects, the types of third parties to which Peak Support discloses the Personal Data and the purposes for doing so, the rights and choices Customers and Users have for limiting the use and disclosure of their Personal Data, and how to contact Peak Support about its practices concerning Personal Data.
V. Third Party Disclosures
Peak Support discloses Personal Data only to Third Parties that include web hosting, payment processors, data analytics, document collaboration services, communication providers, and survey providers who reasonably need to know such data. Such recipients must agree to abide by confidentiality obligations. All Third Parties receiving personal information must have a written confidentiality agreement in place between Customer and Third Party and Peak Support and Third Party that meets or exceeds Data Privacy Framework standards.
Peak Support may disclose Personal Data that our Customers and Users provide to our Service:
To contractors, business partners, and service providers we use to support our Service;
In the event Peak Support sells or transfers all or a portion of its business or assets (including in the event of a merger, acquisition, joint venture, reorganization, dissolution or liquidation), in which case Personal Data held by us about our Customers will be among the assets transferred to the buyer or acquirer;
If required to do so by law or legal process;
In response to lawful requests from public authorities, including to meet national security, public interest or law enforcement requirements.
VI. Access
Customers and users in the EU, the UK (including Gibraltar). and Switzerland have the right to access their Personal Data. If such Personal Data is inaccurate or processed in violation of the DPF Principles, a Customer or User may also request that the Personal Data be corrected, amended, or deleted.
Pursuant to the Data Privacy Frameworks, EU, UK, and Swiss individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. Upon request, we will provide you with access to the personal information that we hold about you. You may also may correct, amend, or delete the personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under the Data Privacy Frameworks, should direct their query to privacy@peaksupport.io. If requested to remove data, we will respond within a reasonable timeframe.
VII. Choice
Peak Support offers Customers and Users the opportunity to choose whether their Personal Data may be (a) disclosed to third-party Controllers or (b) used for a purpose that is materially different from the purposes for which the information was originally collected or subsequently authorized by the relevant Customers or Users. To the extent required by the DPF Principles, Peak Support obtains opt-in consent for certain uses and disclosures of Sensitive Data. Unless Peak Support offers Customers or Users an appropriate choice, the company uses Personal Data only for purposes that are materially the same as those indicated in this Policy. To exercise their choices, Customers and Users may contact Peak Support as indicated in this Policy or the other Privacy Policies.
Peak Support may disclose Employee Personal Data and Consumer Personal Data without offering an opportunity to opt out, and may be required to disclose the Personal Data, (c) to third-party Processors the company has retained to perform services on its behalf and pursuant to its instructions, (d) if it is required to do so by law or legal process, or (e) in response to lawful requests from public authorities, including to meet national security, public interest or law enforcement requirements. Peak Support also reserves the right to transfer Personal Data in the event of an audit or if the company sells or transfers all or a portion of its business or assets (including in the event of a merger, acquisition, joint venture, reorganization, dissolution or liquidation).
We will provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a written request to privacy@peaksupport.io.
VIII. Liability for Onward Transfers
Peak Support accountability for personal data that it receives in the United States under the DPF and subsequently transfers to a third party is described in the DPF Principles. In particular, Peak Support remains responsible and liable under the DPF Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless Peak Support proves that it is not responsible for the event giving rise to the damage.
IV. Recourse
In compliance with the Data Privacy Framework Principles, Peak Support commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to the DPF. European Union, UK, and Swiss individuals with DPF inquiries or complaints should first contact Peak Support at:
Address:
Peak Support, LLC
13 Fairmont Ave
Cambridge, MA 02139
Email Address: privacy@peaksupport.io
Phone number: (866) 691-3419
Peak Support has further committed to refer unresolved privacy complaints under the Data Privacy Framework Principles to an independent dispute resolution mechanism, Data Privacy Framework Services, operated by BBB National Programs. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://bbbprograms.org/programs/all-programs/dpf-consumers/ProcessForConsumers for more information and to file a complaint. This service is provided free of charge to you.
If your DPF complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf
X. Changes to this Policy
This Policy may be amended from time to time, consistent with the requirements of the Data Privacy Framework principles. Appropriate public notice will be given concerning such amendments.
Effective Date: August 16, 2019