This Privacy Policy describes how information about you is collected, used and disclosed by Peak Wellness, LLC (“PW”) and our subsidiaries and other affiliates (collectively, “PW,” “we,” “us” or “our”) when you access or use the websites, mobile applications or blogs provided by us (collectively, the “Sites”) or otherwise interact with us.
PW reserves the right to change or modify this Privacy Policy at any time and in our sole discretion. If we make changes to this Privacy Policy, we will provide notice of such changes, such as by sending an email notification, providing notice through the Sites or updating the “Last Updated” date at the beginning of this Privacy Policy. We encourage you to review this Privacy Policy whenever you use or access the Sites or otherwise interact with us to stay informed about our information practices and the ways you can help protect your privacy.
This Policy, as amended from time to time, shall be in full force and effect at all times.
This Policy, together with our Terms of Service (“Terms”) and any and all other agreements between us, collectively form a legally binding contract between you and PW (collectively, the “Agreement”). To fully understand your and our rights and obligations under the Agreement, you must carefully review the Terms, which are available via https://www.peakwellnesstn.com/terms, of which this Policy forms a part. For the avoidance of doubt, in the event that there does not exist any other agreement between you and PW, the Agreement shall consist of this Policy and the Terms and shall be legally binding between you and PW.
Important Consumer Information
Your access to and use of the Services is conditioned upon your acceptance of and compliance with the Agreement, including, this Policy and the Terms.
BY ACCESSING OR USING THE SERVICES, YOU EXPLICITLY AGREE THAT YOU UNDERSTAND AND WILL COMPLY WITH AND BE BOUND BY THE AGREEMENT, INCLUDING THIS POLICY AND THE TERMS. IF YOU DISAGREE WITH ANY PART OF SAME, THEN YOU DO NOT HAVE OUR PERMISSION TO ACCESS THE SERVICES AND MUST IMMEDIATELY DISCONTINUE ACCESS AND/OR USE.
Scope of Policy
The information provided in this Policy covers your interactions, including, without limitation, the features, applications, emails, content, information, downloads, purchases, and all other information and services offered via the Sites. Certain portions of the Sites may only be accessible to registered users and such access may be subject to additional terms and conditions as provided in the Terms or via the Sites.
Collection of Information
1. Information you provide to us.
We collect information you provide directly to us. For example, we collect information when you register for an account, sign up for a subscription, participate in any interactive features of the Sites, subscribe to a newsletter or email list, participate in a survey, contest, promotion or event, order or purchase (either for yourself or for another person) products made available through the Sites (collectively, the “Products”), apply for a job, communicate with us via third party social media sites, request customer support or otherwise communicate with us.
The types of information we may collect from you include:
(a) Account Information, such as your name, email address, password, postal address, phone number, subscription, delivery and dietary preferences and any other information you choose to provide;
(b) Transaction Information, such as information about the Products you purchase, shipping and delivery information and information related to returns, refunds and cancellations. We may also collect and store limited payment information from you, such as payment card type and expiration date and the last four digits of your payment card number (“Payment Information”); however, we do not collect or store full payment card numbers and all transactions are processed by our third-party payment processor. Because we do not process your payments directly, we cannot guarantee the security of your Payment Information. However, we use encryption to transmit your Payment Information and Contact Information (as necessary) to our third-party payment processor and do not keep or store any copies of your Payment Information. More information about our current third-party payment processor and its policies regarding its handling of your information is available at
and https://stripe.com/us/privacy.
(c) Information about others, such as the names and email addresses of gift recipients when you purchase gifts through the Site or invite friends or family to try the Site or Products.
(d) Other information you choose to provide, such as when you participate in a survey, contest, promotion or interactive area of the Site or when you request technical or customer support.
2. Information We Collect Automatically
When you access or use the Sites, the types of information we may automatically collect about you include:
• IP address
• Device identifiers
• Web browser information
• Page view statistics
• Browsing history
• Usage information and click tracking
• Transaction information (e.g. transaction amount, date and time such transaction occurred)
• Cookies and other tracking technologies (see below for more information)
• Log data (e.g. access times, hardware and software information)
3. Information We Collect From Other Sources
We may also obtain information about you from other sources and combine that with information we collect directly. Information we receive from third party sources: We have built services from some third parties into the Site, and those third parties provide us with Personal Data about you, such as the following:
• Account information for third party services: If you interact with a third party service when using our Services, such as if you use a third party service to log-in to our Services (for example, signing up for an account with Facebook Connect), or if you share content from our Services through a third party social media service, the third party service will send us information about you, such as information from your public profile, if the third party service and your account settings allow such sharing. The information we receive will depend on the policies and your account settings with the third party service.
• Information from our advertising partners: We receive information about you from some of our service providers who assist us with marketing or promotional services related to how you interact with our Site and Services.
• Information from our service providers: We receive information collected by third parties about your use of the Services. For example, we may use analytics service providers to analyze how you interact and engage with the Services and our advertisements, so we can learn and make enhancements to offer you a better experience. Some of these entities may use cookies, web beacons and other technologies to collect information about your use of the Services and other websites, which may include tracking activity across time and unaffiliated properties, including your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. Third parties may also help us provide you with customer support, and provide us with information so that we may help you use our Services.
Additional Information about Cookies.
The Site, through Podia, uses cookies and similar technologies such as pixel tags, web beacons, clear GIFs, and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser and tell us how and when you visit and use our Site and Services, to analyze trends, learn about our user base and operate and improve our Services. Cookies are small files – usually consisting of letters and numbers – placed on your computer, tablet, phone, or similar device when you use that device to visit our Site. We sometimes combine information collected through Cookies that is not Personal Data with Personal Data that we have about you, for example, to tell us who you are or whether you have an account with us. We may also supplement the information we collect from you with information received from third parties.
Cookies can either be “session Cookies” or “persistent Cookies”. Session Cookies are temporary Cookies that are stored on your device while you are visiting our Site or using our Services, whereas “persistent Cookies” are stored on your device for a period of time after you leave our Site or Services. The length of time a persistent Cookie stays on your device varies from Cookie to Cookie. We use persistent Cookies to store your preferences so that they are available for the next visit, and to keep a more accurate account of how often you visit our Services, how often you return, how your use of the Services may vary over time. We also use persistent Cookies to measure the effectiveness of advertising efforts. Through these Cookies, we may collect information about your online activity after you leave our Services. Your browser may offer you a “Do Not Track” or “DNT” option, which allows you to signal to operators of websites, and web applications, and services that you do not wish such operators to track certain of your online activities over time and across different websites. Because we collect browsing and persistent identifier data, the Services do not support Do Not Track requests at this time, which means that we may collect information about your online activity both while you are using the Services and after you leave our properties.
Some Cookies are placed by a third party on your device and may provide information to us and third parties about your browsing habits (such as your visits to our Site or Services, the pages you have visited and the links and advertisements you have clicked). These Cookies can be used to determine whether certain third party services are being used, to identify your interests, to retarget advertisements to you and to serve advertisements to you that we or others believe are relevant to you. We do not control third party Cookies.
We use the following types of Cookies:
• Essential Cookies. Essential Cookies that are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Site or Services. Disabling these Cookies may make certain features and services unavailable.
• Functionality Cookies. Functional Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services. These Cookies help us to personalize our content for you, greet you by name, and remember your preferences (for example, your choice of language or region).
• Performance/Analytical Cookies. Performance/Analytical Cookies allow us to understand how visitors use our Site and Services such as by collecting information about the number of visitors to the Site, what pages visitors view on our Site and how long visitors are viewing pages on the Site. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Services’ content for those who engage with our advertising. For example, Google, Inc. (“Google”) uses cookies in connection with its Google Analytics services. Google’s ability to use and share information collected by Google Analytics about your visits to the Services is subject to the Google Analytics Terms of Use and the Google Privacy Policy. You have the option to opt out of Google’s use of cookies by visiting the Google advertising opt-out page at
or the Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout/ .
• Retargeting/Advertising Cookies. Retargeting/Advertising Cookies collect data about your online activity and identify your interests so that we can provide advertising that we believe is relevant to you. For more information about this, please see the section below titled “Additional information about interest-based advertisements.”
You can decide whether or not to accept Cookies. One way you can do this is through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your computer. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some Services and functionalities may not work.
To explore what Cookie settings are available to you, look in the “preferences” or “options” section of your browser’s menu. To find our more information about Cookies, including information about how to manage and delete Cookies, please visit https://ico.org.uk/for-the-public/online/cookies/ or
Additional information about interest-based advertisements:
We may serve advertisements, and also allow third party ad networks, including third party ad servers, ad agencies, ad technology vendors and research firms, to serve advertisements through the Services. These advertisements may be targeted to users who fit certain general profile categories or display certain preferences or behaviors (“Interest-Based Ads”). Information for Internet-Based Ads (including Personal Data) may be provided to us by you, or derived from the usage patterns of particular users on the Services and/or services of Third Parties. Such information may be gathered through tracking users’ activities across time and unaffiliated properties. To accomplish this, we or our service providers may deliver Cookies, including a file (known as a “web beacon”) from an ad network to you through the Services. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Web beacons allow ad networks to view, edit or set their own Cookies on your browser, just as if you had requested a web page from their site.
Through the Digital Advertising Alliance (“DAA”) and Network Advertising Initiative (“NAI”), several media and marketing associations have developed an industry self-regulatory program to give consumers a better understanding of and greater control over ads that are customized based on their online behavior across different websites. To make choices about Interest-Based Ads from participating third parties, including to opt out of receiving behaviorally targeted advertisements from participating organizations, please visit the DAA’s or NAI’s consumer opt out pages, which are located at
or https://www.aboutads.info/choices. Users in the European Union should visit the European Interactive Digital Advertising Alliance’s user information website https://www.youronlinechoices.eu/.
We do not share your Personal Data with advertisers without your consent. However, if you click on or otherwise interact with an advertisement there is a possibility that the advertiser may place a Cookie in your browser and note that it meets the criteria they selected.
How Do We Use Your Personal Data?
We process Personal Data to operate, improve, understand and personalize our Services. For example, we use Personal Data to:
• Communicate with you about the Services
• Protect against or deter fraudulent, illegal or harmful actions
• Allow you to create and/or manage your digital storefront, your sales pages, and your online courses
• Allow you to create, manage, and/or subscribe to membership software
• Allow you to create, manage, and/or sell digital files
• Allow you to create, manage, and/or sell digital downloads and online courses
• Contact you about Service announcements, updates or offers
• Personalize website content and communications based on your preferences
• Provide support and assistance for the Services
• Discover others who might be interested in the Services
• To identify trends and other statistical information that may be useful to our business
• Comply with our legal or contractual obligations
• Resolve disputes
• Enforce our Terms of Service (including, for clarity, the Privacy Policy and, where applicable, the EU Data Processing Addendum)
We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.
Contractual Necessity: We process the following categories of Personal Data as a matter of “contractual necessity,” meaning that we need to process the data to perform under our Terms of Service with you, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.
• First and last name
• Email address
• User Content (which can include Personal Data if you include Personal Data in such content)
• IP address
• Billing zip code and/or country of residence
Legitimate Interest: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties.
• First and last name
• Email address
• IP address
• Billing zip code and/or country of residence
Examples of these legitimate interests include:
• Protection from fraud or security threats
• Operation and improvement of our business, products and services
• Marketing of our products and services, directly to you and to others
• Provision of customer support
• Compliance with legal obligations
• Completion of corporate transactions
Consent: 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.
Other Processing Grounds: 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.
How and With Whom Do We Share Your Data?
We share Personal Data with vendors, third party service providers and agents who work on our behalf and provide us with services related to the purposes described in this Privacy Policy or our Terms of Service. These parties include:
• Payment processors
• Fraud prevention service providers
• Analytics service providers
• Hosting service providers
• Marketing service providers
• Email providers
• Staff augmentation and contract personnel
We also share Personal Data when necessary to complete a transaction initiated or authorized by you or provide you with a product or service you have requested. In addition to those set forth above, these parties also include:
• Other users (where you post information publicly or as otherwise necessary to effect a transaction initiated or authorized by you through the Services)
• Social media services (if you interact with them through your use of the Services)
• Third party business partners who you access through the Services, including vendors
• Other parties authorized by you
We also share Personal Data when we believe it is necessary to:
• Comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies.
• Protect us, our business or our users, for example to enforce our Terms of Service, prevent spam or other unwanted communications and investigate or protect against fraud. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
• Maintain the security of our products and services.
As part of the Services, you will receive email and other communications. You acknowledge and agree that by availing yourself of the Services, you allow PW and/or Podia to send you email and other communication that it determines in its sole discretion relate to your use of the Services.
We also share information with third parties when you give us consent to do so. Furthermore, if we choose to buy or sell assets, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party, and we would share Personal Data with the party that is 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 Data as set forth in this policy.
How Long Do We Retain Your Personal Data?
We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you Services, and for an additional two (2) years after that. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.
What Security Measures Do We Use?
We seek to protect Personal Data using appropriate technical and organizational measures based on the type of Personal Data and applicable processing activity. You need to prevent unauthorized access to your Account and Personal Data by selecting and protecting your password appropriately and limiting access to your device and browser by signing off after you have finished accessing your Account.
We seek to ensure that user account information is kept private. However, PW and Podia cannot guarantee the security of any Account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
Do We Store the Personal Data of Children?
As noted in the Terms of Service accessible at https://www.peakwellnesstn.com/terms, we do not knowingly collect or solicit Personal Data from anyone under the age of 16. If you are under 16, please do not attempt to register for the Services or send any Personal Data about yourself to us. If we learn that we have collected Personal Data from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Data, please contact us at Info@PeakWellnessTN.com.
Accuracy, Modification, and Retention of Your Information
By providing any information to PW, you represent and warrant that such information is accurate, complete, and that your provision of the information does not violate any right of any third party. You agree to inform us of any changes to any information that you have previously provided to us.
You may request that we provide a copy of, modify, or remove any information that you provide to us either via the Sites (as available) or by contacting PW via the methods listed below. Please allow no fewer than thirty (30) days for us to process your request.
Changes to this Policy
We reserve the right to revise this Policy at any time without notice. The Policy posted at any time or from time to time via the Sites shall be deemed to be the Policy then in effect. Consequently, you should review the Policy periodically. By continuing to use the Sites following the posting of any revisions, you expressly accept and agree to abide by the terms set forth in the current Policy. Without limiting the foregoing, PW may from time to time elect, in its sole discretion to notify you, of any changes to the Policy that PW deems to be substantial or material, for your convenience, and not based on any obligation of PW.
BY CONTINUING TO ACCESS OR USE THE SERVICES AFTER ANY REVISIONS BECOME EFFECTIVE, YOU AGREE TO BE BOUND BY THE REVISED POLICY. IF YOU DO NOT AGREE TO THE REVISED POLICY, YOU ARE NO LONGER AUTHORIZED TO USE THE SERVICES AND MUST IMMEDIATELY DISCONTINUE ACCESS AND/OR USE.
Contact Us
If you have any questions about this Privacy Policy, please contact us at Info@PeakWellnessTN.com.
Notice for California Residents
This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Statement of PW and its subsidiaries (collectively, “we,” “us,” or “our”) and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other applicable privacy laws.
Information We Collect
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
Category Examples Collected
A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers. YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. YES
C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). YES
D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. YES
E. Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. NO
F. Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. YES
G. Geolocation data. Physical location or movements. YES
H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. NO
I. Professional or employment-related information. Current or past job history or performance evaluations. NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. NO
K. Inferences drawn from other personal information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. NO
Personal information does not include:
• Publicly available information from government records.
• De-identified or aggregated consumer information.
• Information excluded from the CCPA’s scope, like:
• health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
• personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
We obtain the categories of personal information listed above from the following categories of sources:
• Directly from our clients or their agents.
• Indirectly from our clients or their agents. For example, through information we collect from our clients in the course of selling goods to them.
• Directly and indirectly from activity on our website. For example, from submissions through our website portal or website usage details collected automatically.
• From third-parties that interact with us in connection with the goods and services we provide.
Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following business purposes:
• To fulfill or meet the reason for which the information is provided.
• To provide you with information, products or services that you request from us.
• To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
• To improve our website and present its contents to you.
• For testing, research, analysis and product development.
• As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:
Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category C: Protected classification characteristics under California or federal law
Category D: Commercial information
Category F: Internet or other similar network activity
Category G: Geolocation data.
We disclose your personal information for a business purpose to the following categories of third parties:
• Our affiliates.
• Service providers.
• Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.
In the preceding twelve (12) months, we have not sold any personal information.
Nevada Residents
If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties who intend to license or sell that personal information. You can exercise this right by contacting Us at Laura@peakwellnesstn.com and providing Us with Your name and the email address associated with Your account. Please kindly note that We do not currently sell Your personal information as sales are defined in Nevada Revised Statutes Chapter 603A.
Changes to Our Privacy Notice
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage.
Contact Information
If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us via email at Laura@peakwellnesstn.com.