Privacy Policy

Last Updated: September 28th, 2016

Peak 10, Inc. and its subsidiaries (collectively, “Peak 10”) is committed to protecting the privacy and confidentiality of Personal Information we may collect. This Privacy Policy describes what information we collect, how we collect it, what we do with information, how we treat the information and your choices with respect to the information we collect. By visiting our websites or otherwise providing Peak 10 with Personal Information by any means, you accept and consent to the practices described in this Privacy Policy.

This website is not designed for, or directed to, children under the age of 13 and Peak 10 does not intentionally collect information about anyone under the age of 13 on this website.

U.S. – EU Privacy Shield

Peak 10 complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal information transferred from the European Union to the United States. This Section (U.S. – EU Privacy Shield) only relates to such information. Peak 10 has certified to the Department of Commerce that it adheres to the Privacy Shield Principles and is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield Program, and to view our certification, please visit https://www.privacyshield.gov/.

Peak 10’s accountability for personal data we receive under the Privacy Shield and subsequently transfer to a third party is described in the Privacy Shield Principles. In particular, Peak 10 remains responsible and liable under the Privacy Shield Principles if third-party agents that we engage to process personal data on our behalf to do so in a manner inconsistent with the Principles, unless Peak 10 proves that we are not responsible for the event giving rise to the damage.

Peak 10 commits to resolve complaints about collection or use of your Personal Information. Individuals in the European Union with inquiries or complaints regarding our Privacy Shield policy should first contact Peak 10 via email at privacy@peak10.com or via mail at 8809 Lenox Pointe Drive, Suite G, Charlotte, NC 28273 Attn: Privacy & Security Officer. For any Privacy Shield complaints that cannot be resolved with Peak 10 directly, Peak 10 has committed to refer unresolved Privacy Shield complaints to the International Centre for Dispute Resolution/American Arbitration Association, an alternative dispute resolution provider located in the United States. For any Privacy Shield complaints that cannot be resolved with Peak 10 directly, please contact or visit the ICDR/AAA at www.icdr.org for more information or to file a complaint. The services of the ICDR/AAA are provided at no cost to you. As further explained in the Privacy Shield Principles, a binding arbitration option will also be made available to you in order to address residual complaints not resolved by any other means.

Definitions

“Anonymous Information” means information that does not personally identify an individual, including aggregate demographic information.

“Cookies” means small files that are stored by your web browser to help a particular system recognize you and the pages you visited in a website. Peak 10’s Website uses cookies to store your account information between sessions and to maintain information regarding how you navigate our website. Peak 10 does not collect any Personal Information from cookies. Most browsers automatically accept cookies but you can set your browser to refuse cookies, though you may not be able to use all the features of this website. Peak 10 may use third party cookies (i.e. a cookie planted by a third party such as Google).

“Customer” means an entity which receives services from Peak 10 pursuant to a written agreement.

“Information” means, collectively, Personal Information, Anonymous Information and Sensitive Information.

“Partner” means an entity which participates in the Peak 10 Alliance Program pursuant to a written agreement(s).

“Partner Alliance Program” means one or more partner programs operated by Peak 10 allowing Partners to, among other things: refer prospective customers to Peak 10 and receive a referral fee or an on-going commission fee; maintain end-user relationships on Participating Partner contracts; or manage billing functionality for Customers.

“Personal Information” means information that can identify a person as a specific individual, such as name, phone number, email address, Social Security number or credit card number. Personal Information includes the information provided by Customers or Partners which may be necessary for Peak 10 to provide the Peak 10 services. Personal Information includes Personal Information provided by Partners.

“Sensitive Information” means personal information that reveals a natural person’s race; ethnic origin; political, philosophical or religious beliefs; trade union membership; information specifying a person’s sex life; or that concerns a natural person’s health or medical condition.

Google Analytics

Peak 10 uses a tool called “Google Analytics” to collect information about the use of this site. Here’s how it works: Google Analytics places a cookie on your computer so that it can recognize your computer if you visit our website in the future. This cookie does not collect Personal Information. Google Analytics collects information such as how often users visit this website, what pages they visit when they do so and what other sites they used prior to coming to this website. Peak 10 may use Google Analytics to advertise online and third party vendors, including Google, may show Peak 10 advertisements on websites across the Internet. These third party vendors, including Google, use first party cookies and third party cookies together to inform, optimize and serve ads based on your past visits to this website and to report how your ad impressions, other uses of ad services and interactions with these ad impressions and ad services are related to visits to this website. Peak 10 and Google’s ability to use and share information collected by Google Analytics about your visits to this website is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to this website by disabling cookies on your browser.

How Peak 10 Collects Information

  1. Personal Information. Peak 10 may gather Personal Information in the following manner:
    1. Personal Information may be provided to us on our websites through surveys, chats, contests, service inquiries, service orders, service requests, web based forms, or other means
    2. You may provide Personal Information to us via telephone calls, emails or written correspondence;
    3. You may provide Personal Information in connection with our Referral Program;
    4. Personal Information may be provided in connection with the provision of services (including billing information) or a visit to any of our facilities. Such collection may be online or offline;
    5. You may provide Personal Information in connection with a job application; and
    6. Third party providers may provide Peak 10 with your Personal Information.
  2. Partners. If you are a Partner, you represent and warrant that you have the right to provide Personal Information (which information may belong to prospective Customers) to Peak 10 and you acknowledge that such Personal Information will be treated in accordance with this Privacy Policy.
  3. Anonymous Information. Peak 10 may gather Anonymous Information about you on our websites via automated technical means, such as Cookies and as described in the Google Analytics section.
  4. Sensitive Information. Peak 10 does not collect any Sensitive Information nor does Peak 10 desire to receive any Sensitive Information.

How Peak 10 Uses Information

  1. Personal Information. Peak 10 may use Personal Information to:
    1. Process service requests and answer service inquiries;
    2. Provide and change the services, including communicating with you about the services;
    3. Process payments;
    4. Maintain accurate accounts, manage Customer relationships, manage Partner relationships, provide Customer support and provide Partner support;
    5. Recommend products/services that might be of interest to you;
    6. Improve our service offerings;
    7. Improve this website;
    8. If you are a Partner, to evaluate prospective Customers, quote services to you or to prospective Customers or to contact prospective Customers and/or the Partner;
    9. Process your job application;
    10. Process your referral as part of the Referral Program; or
    11. Perform other functions as described at the time of collection.
  2. Anonymous Information. Peak 10 uses Anonymous Information we collect for internal purposes, marketing purposes, to improve our services and this website and as set forth in the Google Analytics section above.
  3. Peak 10 does not use or disclose information, including Personal Information, stored or transferred by Customers using Peak 10’s services, except as may be set forth in the specific agreement with the applicable Customer. Nothing contained in this Privacy Policy shall be construed to alter any agreement with any Customer. For clarity, the data Customers or Partners choose to create, maintain or transmit utilizing the Peak 10 Services is not covered by this Privacy Policy.

Sharing Information

  1. Personal Information. Peak 10 does not disclose Personal Information to third parties except as set forth below. Peak 10 may share Personal Information with third parties:
    1. When we work with businesses, partners or agents to provide services for you on our behalf or to help process or service your request or correspond with you. For example, Personal Information may be provided to a third party to verify the validity or credit limit of your credit card.
    2. When we work with businesses, partners or agents to develop a direct relationship with you.
    3. In connection with the Referral Program.
    4. As may be required by lawful requests by public authorities (i.e. through a  subpoena, search warrant, other legal process), including to meet national security or law enforcement requirements.
    5. When, in Peak 10’s reasonable opinion, disclosure is required to enforce our legal rights or to protect the rights and safety of others.
    6. In the event of a disclosure described in (a) or (b) above, Peak 10 ensures that the third party receiving Personal Information is contractually required to provide the same level of privacy protection as required by this Privacy Policy.
  2. Anonymous Information. Peak 10 may share Anonymous Information with third parties.

Data Integrity

Peak 10 will only use Personal Information in a way that is compatible with and relevant for the purpose for which it was collected or authorized. To the extent necessary for those purposes, Peak 10 takes reasonable steps to ensure information is accurate, complete, current and reliable for its intended use.

Email Communications

Peak 10 and our affiliated businesses, partners and agents may use email to communicate with Customers, respond to emails or to inform you about events or new products which you may be interested in. We will not send commercial solicitation emails to you if you request that such emails not be sent. Please see the “Choice” section below for more information about opting-out of commercial emails

Choice

You may choose to opt-out of: (a) commercial email communications as described in “Email Communications” above; (b) disclosures of Personal Information to third parties for a purpose incompatible with the purpose for which it was originally collected (except as set forth in Sharing Information 1(a) or 1(c) above). It may take up to ten (10) days to remove your contact information from our marketing communications list. You may also choose not to provide us with certain information, but that may result in the inability of Peak 10 to assist with requests for information or to provide the services. If you wish to opt-out, please send your request to: privacy@peak10.com or by mail to:

8809 Lenox Pointe Drive
Suite G
Charlotte, NC 28273
Attn: Privacy & Compliance Officer

Security

Peak 10 takes reasonable precautions to safeguard the Personal Information we collect from loss, misuse and unauthorized access, disclosure, alteration and destruction. Such measures apply generally to the Peak 10 systems and facilities rather than to particular Customer environments/systems. No system can be completely secure and Peak 10 does not guarantee that Personal Information will always remain secure.

Access

If you wish to correct, amend or update your Personal Information, please contact us via email at privacy@peak10.com or by mail at the following address:

8809 Lenox Pointe Drive
Suite G
Charlotte, NC 28273
Attn: Privacy & Compliance Officer

Historical event records are not subject to modification. For example, if we collect Personal Information in connection with a visit to our facilities, we are unable to delete that information from our records.

Modifications

We may update or modify this Privacy Policy to reflect changes to how we will collect, use and/or share Information. Our Privacy Policy will reflect the date it was last updated. If we make material changes to this Privacy Policy that do not affect Personal Information already collected by Peak 10, we will notify you by posting a notice of such changes on the privacy portion of this website. If Peak 10 intends to use your Personal Information in a manner different from that stated at the time of collection, you will be notified via email. You will then have a choice as to whether or not Peak 10 may use your Personal Information in this different manner.  Please check this Privacy Policy each time you use our Website to ensure you are aware of any changes in our practices.

Verification and Dispute Resolution

Peak 10 uses a self-assessment approach to assure our compliance with this Privacy Policy. We periodically verify that this Privacy Policy is accurate, comprehensive, prominently displayed, completely implemented and accessible and is in conformity with the Principles.

For non-European Union individuals, if you have any questions or concerns regarding this Privacy Policy or our information collection practices or if you believe Peak 10 has operated in a manner inconsistent with or in violation of this Privacy Policy, please contact Peak 10 at privacy@peak10.com or via mail at: 8809 Lenox Pointe Drive, Suite G, Charlotte, NC 28273 Attn: Legal Department. Peak 10 will promptly investigate any suspected violations and will attempt to resolve any complaints in accordance with the principles set forth in this Privacy Policy. If the violation or complaint is not resolved to your satisfaction, please contact AAA/ICDR (www.icdr.org) for an independent review and resolution of the issue.

Third Party Links and Policies

This Privacy Policy applies to this website and may not apply to other websites owned and operated by Peak 10.

This Website may contain links to other websites. Please note that when you click on one of these links you are “moving” to another website. Peak 10 is not responsible for the information privacy practices or the content of these other websites. Peak 10 encourages you to read the privacy policies of these linked websites as their information privacy practices may differ.