Peakz Privacy declaration

This privacy policy describes and governs how we collect, use, share and protect Personal data collected in the context of our Services. Before you use or submit any Personal data through or in connection with the Services, please review this Policy carefully. By using any part of the Services, you consent to the collection, use and disclosure of your Personal data as outlined in this Policy. To the extent allowed by law, the English version of this Policy is binding and other translations are for convenience only.
If you are in the European Economic Area, the United Kingdom or Switzerland (“Europe”):

  • for the purposes of the EU General Data Protection Regulation 2016/679 (the “GDPR”), the data controller is Peakz B.V., and can be contacted at the address set out at support@peakz.com; and
  • you will not need to consent to this Privacy Policy, but you acknowledge that you have read and understood its terms.

PEAKZ’ mission is to make funding easier for athletes. Through our website we want to show investors (and the world) that there’s a funding problem, and that people like you believe that Scoutfunding should exist. And we provide athletes the opportunity to get funded, and Fans to be part of something exciting that gives them unique benefits they want, like being able to become an athletes Scout, see unique content of you competing in a (sport) challenge, (unique) online challenges with other athletes, like online battles. In exchange, Fans and / or Scouts can fund athletes on Peakz on an incidental basis or when athletes participate in a sponsored challenge on Peakz, athletes invite their Fans to be engaged with the challenge and support the athletes to be able to win the challenge and with that get funded. To reach that goal we process privacy-sensitive Personal data, also known as personal data. In some cases we do this in cooperation with other organizations or companies.

We highly believe that care needs to be taken when handling personal data. Peakz is a platform where Scouts (Fans) can support and engage with athletes. We furthermore  facilitate commercial enterprises to become sponsors. This privacy policy applies to Fans and/ or Scouts, Athletes and all (other) users of our platform, and is part of our Terms of Use.

Peakz is a Dutch company and therefore Dutch law is applicable and our policies and practices are compliant with the GDPR.  By using our platform, you agree that the personal data that you provide directly to us or that we collect through your use of the platform, may be transferred to and stored in Germany,  according to GDPR guidelines and handled as described in this Policy. We are careful with your personal data. This means we:

  • Clearly state the purpose behind processing personal data. We state this through this Privacy Policy;
  • We process Personal data for specific purposes and always act on the basis of a processing ground as is required by law. This is a legal basis which allows  the use of Personal data. Examples of processing grounds are: consent, execution of an agreement, legal obligation and legitimate interest.We will process your personal data in order to enable the execution of the services which Peakz provides and as described hereunder.
  • We will not purposely collect or process any data belonging to the specific sensitive  categories;
  • Limit the collection of Personal data to only that which is necessary for the goals for which Personal data is processed;
  • Ask you for your explicit informed consent to process your personal data in cases where consent is required and/or in case of transfer to third parties; 
  • Do not share your Personal data with third parties, unless this is necessary to perform a requested service, facilitate data- and / or Personal data requirements with integrated social media platforms, you gave us permission or if we’re legally required to;
  • Make clear agreements with third parties in case your personal data is shared with said third parties. These agreements will, among other things, state that your personal data is not allowed to be processed for purposes beyond the scope of the third-party cooperation;
  • Take appropriate security measures (in line with compliance and legal regulations) to protect your personal data, and also demand this from parties processing personal data on behalf of us;
  • Respect your rights to (and comply with your request to) view, correct or remove any personal data that we have stored which belongs to you.

Personal data You Provide Through Your Account
This is Personal data that you provide to us through text fields such as your name and sports interests. The Personal data we collect may differ depending on if you make an account as an athlete, Scout/Fan or Commercial Enterprise. These comprise, amongst others, of :

  • Name;
  • Email address;
  • Date of birth;
  • Gender;
  • Sports interest(s);
  • Personal data you’ve disclosed in open fields;
  • User created content

You may also sign up using a Facebook or Google account. We will ask permission to access basic Personal data from your Facebook or Google account, such as your name, email, and profile picture. You can choose to stop sharing that Personal data with us at any time by going to Facebook or Google to remove Peakz’ access to that account and your ability to log in. The use of or interaction with social media is subject to the social media channel’s own rules – Peakz has no influence on this. Consult the User Terms and the Privacy Policy of the concerned social media network to understand how such networks deal with your personal data.

You also have the option to add more Personal data to your public profile such as, but not limited to: a location, social media links and an about section, which we store along with any comments or messages you submit on Peakz.   

Fans and / or Scouts
A Fan and / or Scout  is someone who joins Peakz platform to support an Athlete and/ or to enjoy unique content provided by said athletes. Either by being their Fan, engaging with them through likes and socials (amongst others). Or by becoming a Scout through various ways of helping them fund their athletic ambitions.  As a Scout you must provide your payment Personal data to our payment processors. At this time, Peakz does not receive your detailed payment Personal data. Payment processors provide us with indirect data about (including but not limited to) amounts and numbers of payments. If you are required to provide your name and email address to the payment processor, then they also provide us with that Personal data.

We collect and process Personal data about the Athletes you support, the level at which you support them, what benefits you receive and how often you support them. 

Athletes
An Athlete is someone who creates and provides content for their Fans and / or Scouts through Peakz’s membership platform. To become an Athlete on our platform, you must create a profile with your full name, email address, in what sports you are competing, a link to at least one of your social media accounts. To receive funds you have to share your bank details in an email in order for Peakz to transfer the amount you won you have to create an account with one of our payment providers. Depending on your location you may have to provide Personal data with some combination of your:

  • Legal name
  • Address
  • Social security number or employer identification number
  • Country of citizenship
  • Foreign tax identification number
  • Date of birth
  • Your nonprofit registration number, if you are a nonprofit business

Your content and Personal data may be shared with commercial parties, like potential sponsors, if and when Peakz enters into a sponsorship agreement with such a party with the purpose to sponsor the athletes on the Peakz platform. By entering your Personal data and uploading your content onto the Peakz platform, you agree to such parties (including but not limited to) having access to, processing and using them for Marketing purposes. 

Personal data relating to third parties

You can choose to provide us with Personal data relating to third parties. For example, if you choose to share your campaign, profile or page on the Peakz platform with family and friends, we request access to Personal data stored in your email and mobile device address books, such as names, email addresses or phone numbers of your contacts.

We reserve the right to identify you as the person who has made the referral in any messages that are sent to them. We use third-party data to (1) contact such third party using the Third-Party Data provided, and/or (2) provide you with an editable template message designed to facilitate communication between you and such third party through the Services. In addition to sending the foregoing communications, we may also send reminders or related messages to you and to third parties on your behalf from time to time where permitted by applicable law. In each case, any such communications sent to third parties using Third-Party Data will provide a means to “opt out” of receiving further communications of a similar nature.

Additional Personal data We Collect

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Automatically Collected Personal data:
We collect Personal data automatically as you navigate the site or through our third party analytics providers. We may store usage Personal data such as the type of device you use to access Peakz, your operating system, browser type, IP address, and device ID, the pages you visit or request, links clicked, referring sites, user interactions and your search terms. We also derive your location from your self-disclosed country, your IP address. 

Forums and Messaging:
When you participate in a forum (when available), we collect the comments you make as well as record how many times users visit, the activity on the site, where users have replied, with whom they’ve communicated, private messages, IP address, and from which location the user was last logged in. 

User Surveys
From time to time, we may solicit your participation in user surveys. To the extent that you participate, we will store your responses.

Aggregated Data:
In an ongoing effort to better understand the use of our services and serve you, Peakz often conducts research on its user demographics, interests and behaviour based on Personal data that we collect. We can anonymise and aggregate the Personal data collected for research purposes or any other purposes, and we can share this Personal data with our affiliates, agents, business partners or other third parties (e.g. Google Analytics).

Online Challenges and related events
Peakz will at times organize roll out and host online Challenges and Battles. All Personal data and content uploaded on the Peakz platform with regards to these will be collected, processed, handled and shared as set out in this Privacy Policy, Terms of Use, Security Policy and Community Guideline. 

For all the specific policies and guidelines regarding Challenges and Battles please carefully review: Challenge terms & conditions

Personal data Collected by Third Parties

Cookies
We use Cookies on our website that collect Personal data to allow us and third parties to understand your use of Peakz. Please see our cookie policy for more Personal data on our use of cookies on Peakz.

Social Media Features and Widgets
We use social media features, including the Facebook Like button and widgets, such as the Share button or similar interactive mini-programs that run on Peakz. We will also create snippets of your uploaded content to promote the Peakz platform, including the online (sport) challenges on social media. By uploading the video to participate in a challenge provided by Peakz, you give Peakz permission to upload the video on Peakz’ youtube channel. 

If you provide your social media Personal data to us, we may use it to interact with you on these social networks. These features may collect your IP address and other personal data including which page you are visiting on our site and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on Peakz. Your interactions with these Features are governed by the privacy policy of the company providing it. For more Personal data on the technologies used by these social networks, please refer to their specific privacy notices listed below:

How We Use Your Personal data
We process your Personal data to:

  • verify your identity to comply with federal laws
  • provide Peakz services to you
  • allow you to sign in to your account
  • allow you to join a athlete’s membership program on Peakz
  • process a athlete’s membership payments
  • send you emails relevant to your usage, as controlled by your email preferences
  • reply to your questions
  • market Peakz to you, as controlled by your email preferences
  • understand how you use the service and create better tools for athletes to serve Scout / Fans
  • conduct research and development to improve Peakz and develop future products
  • prevent fraud and abuse on Peakz

Personal Data We Share with Athletes
By becoming a Scout/Fan of an athlete, you agree that the following Personal data may be shared with that athlete:

  • your name and email address, and other profile Personal data you’ve provided
  • any messages you send athletes through Peakz
  • all Personal data about your funding (incidentals), including amount and date, but not your payment Personal data
  • some aggregated and anonymized data about how you use Peakz that cannot be linked back to you or to any individual user

Personal Data We Share with Third Parties
We never sell your Personal data to third parties. We will only share data with third parties, other than with Athletes, under the following circumstances:

  • with your consent, with service providers used by athletes to deliver benefits. You should read these service providers’ privacy policies to see how they use and share your data.
  • with our service providers, who are companies that are contractually engaged with us to provide us with services, such as order fulfillment, email management, analyzing data trends, credit card processing and fraud detection and prevention. These companies may have access to your data to perform their services, and are obligated by contract to safeguard any of your data they receive from us to the same extent that Peakz protects it.
  • to protect the security or integrity of Peakz, and to protect the rights, property, or safety of Peakz, its employees, users, or others, if we believe that disclosure is reasonably necessary to comply with a law, regulation, or other valid legal process (e.g., subpoenas or warrants served on Peakz). If we are going to release your data, we will do our best to provide you with notice in advance by email, unless we are prohibited by law from doing so.
  • in connection with the sale, merger, bankruptcy, sale of assets or reorganization of our company. We will notify you if a different company receives your data. The promises in this privacy policy apply to any data transferred to a new entity.

Personal Data Peakz Collects from Third Party Apps
When you create a Peakz account, you can elect to connect your social account(s) (e.g. Twitter, Facebook, Google, YouTube, Twitch) with Peakz, and we will collect and store some social Personal data from those platforms, such as:

  • follower or subscriber counts,
  • post or upload counts,
  • view, like, and comment counts.

This social Personal data allows us to provide you a better Peakz experience, and also helps guide future development of Peakz. We use this data to:

  • help athletes and Scout / Fans find each other on Peakz
  • assess how to make athletes more successful on Peakz
  • analyze and describe our business

Personal Data We Share with the Public
The following Personal data is publicly accessible:

  • your profile, and your social media links and location if you add that Personal data
  • by default the athletes you support are publicly displayed. If you flag your account as private, we will not display the athletes you support
  • any posts, likes, or comments you make
  • your aggregated or anonymized usage data in blog posts, press releases, or in other ways to share Personal data about Peakz’s usage. Aggregated or anonymized data cannot be linked back to any individual Peakz user.
  • monthly pledge value and goals that athletes choose to make public
  • number of Scout / Fans

Your Preferences and Rights over Data

Marketing Activities

We do not send marketing emails unless you explicitly consent to receiving them. These marketing emails do not require a Peakz account. You may object to the use of your data for direct marketing purposes at any time, free of charge, when we collect your personal Personal data and in every marketing communication. We will never provide your Personal data to third parties for marketing purposes without your prior consent.

Accessing, Updating or Exporting the Personal data in Your Account

You can request access and request to update certain Personal data associated with your account on the settings pages. Additionally, you can modify or delete your account, or export your personal Personal data, by sending an email to support@peakz.com with this request.

Disabling or Deleting Your Account

You can disable your account by sending an email to support@peakz.com and request to disable it. Please be aware that this is a final act and you cannot log into your account again after clicking this link. When you request to disable your account, we immediately remove your ability to log in. Even if an account is disabled, some Personal data may be retained by our analytics providers on their own servers. You may also self-initiate a deletion of your account directly by sending an email to support@peakz.com with this request.

Turning off Email Notifications
You can change your email notifications in your email settings. While this allows you to stop many notification emails, we will still send some critical service emails.

Turning off Mobile Notifications
If you download the Peakz App you may also receive notifications on your mobile device. These can be disabled in the App settings.

Verification of requests
Users maintain password protected accounts with Peakz. If you submit a request to exercise your privacy rights, you will be asked to verify the request by logging into your Peakz account.
If we are unable to verify your request, then for your protection, we reserve the right to deny the request.

Transfer of personal data to countries outside the European Economic Area
The European Economic Area (EEA) includes all countries of the European Union and Norway, Liechtenstein and Iceland. The European legislation requires additional safeguards if Peakz transfers personal data to other countries situated outside the EEA. The European legislator imposes appropriate safeguards to controllers to assure that such countries maintain the same level of protection with regard to your personal data.
Peakz may transfer your personal data to recipients outside the European Economic Area for certain processing. In such a case, Peakz shall warrant that the transfer is covered by the appropriate safeguards, including an adequacy decision of the European Commission, the Model Clauses of the European Commission or the EU-US privacy shield.
You may always consult Peakz to have access to the appropriate safeguards provided by Peakz.

Your rights as a data subject?

Subject to the terms, limitations and conditions provided for by the applicable law, you may always contact Peakz (support @peakz.com) to exercise of the following rights:

  • You have a right of access to your personal data. This allows you to verify which personal data Peakz processes.
  • You always have the right to have your personal data corrected. This allows you to rectify or correct, inaccurate or incorrect personal data Peakz processes.
  • You have the right to have your personal data erased. This allows you to permanently delete personal data which Peakz processes. Peakz is not always obliged to delete your personal data at your request – this right only applies in the situations and to the extent provided for by law.
  • You have the right to limit the processing of personal data related to you. This allows you to freeze the use of your personal data by Peakz, without deleting it. Peakz is not always obliged to limit your personal data at your request – this right only applies in the situations and to the extent provided for by law.
  • You have the right to object to a processing of your personal data. This allows you to object to the further processing operations by Peakz of your personal data. Peakz is not always obliged to uphold your objection.
  • You always have the right to withdraw your consent whenever the processing of your personal data takes place on the basis of your consent.
  • You always have the right to object to the processing of your personal data for direct marketing purposes.
  • You have the right to data portability. This allows you to easily move, copy or transfer your personal data from one controller to another. This right may only be exercised whenever the processing takes place on the basis of an agreement with you.

For all processing operations mentioned in this privacy policy, you may exercise your rights by contacting support@peakz.com.

Filing a Complaint With The Supervising Authority?
You are entitled to file a complaint by the supervising authority:
Autoriteit Persoonsgegevens, att. the complaints coordinator,
Box 93374, 2509 AJ The Hague, The Netherlands,
https://autoriteitpersoonsgegevens.nl/nl

Prohibition against Discrimination
We do not discriminate against users who exercise their privacy rights.

Our Data Retention Period
We retain your Personal data for ten years after your account is last active, unless you delete, or you request us to delete, your account.

Security
The security of your personal Personal data is important to us and we follow industry standards to protect it. You can learn more on our Security Policy page.

Children
Children under the age of 13 are not allowed to use the Peakz Platform. Children under the age of 16 will need to provide Peakz with formal informed consent by a parent and/ or legal guardian in order to create an account on Peakz and / or if they wish to make funds available to Athletes or transfer any funds or benefits through the Peakz platform and / or its Payment Processing Partners. 

Changes
We may sometimes make changes to this policy. If we make material changes that adversely affect your rights under this policy, we will let you know by posting an announcement on the site or sending you an email in advance of the changes coming into effect. Continuing to use Peakz after a change to this policy means you accept the new policy. If you have any questions, please email support@peakz.com.

Effective immediately for users joining Peakz on or after May 15th, 2020.

Effective for existing users on May 15th, 2020.

Contact details PEAKZ B.V.

PEAKZ B.V.

Office: Van Woustraat, 1073 LN Amsterdam

Chamber of commerce number: 74050184