Privacy policy

Effective Date: September 30,2021

This privacy policy describes the personal data collected or processed

when you interact with HighPeak, including through our websites,

digital experiences, mobile apps, stores, online or offline events, or one

of our other products or services, all of which are part of

the HighPeak Platform (“Platform”). lt also explains how your personal

data is used, shared and protected, what choices you have relating to

your personal data, and how you can contact us.

WHo is Responsible for Processing Your Personal Data?

HighPeak Agency,LLC. (referred to as “HighPeak”, “our”, “we” or “us” in

this privacy policy).

WHAT Personal Data Do We Collect, When, and From What Sources?

We ask you for certain personal data to provide you with the products

or services you request. For example, when you make purchases,

contact our consumer services, request to receive communications,

create an account, participate in our events or contests, or use our

Platform.

This personal data includes your:

. contact details including name, email, telephone number, and

shipping and billing address;

.login and account information, including screen name, password

and unique user ID;

personal details including gender, hometown, date of birth and

purchase history;

payment or credit card information;

images, photos and videos;

.data on physical characteristics, including weight, height, and

body measurements (such as estimated stride and shoe/foot

measurements or apparel size);

. fitness activity data provided by you or generated through our

Platform (time, duration, distance, location, calorie count,

pace/stride); or

personal preferences including your wish list as well as marketing

preferences.

We collect additional personal data from you to enable particular

features within our Platform. This personal data includes your:

• shipping address to ship your order;

.billing address to make sure your order is not fraud; or

social network information, including credentials and any

information from your public posts about HighPeak or your

communications with us.

When interacting with our Platforms, certain data is automatically

collected from your device or web browser, as further described below

in the section titled “Cookies and Pixel Tags.” This data includes:

• Device IDs, call state, network access, storage information and

battery information; and

• Cookies, IP addresses, referrer headers, data identifying your web

browser and version, web beacons, tags, and interactions with our

Platform.

KIDS

We do not knowingly collect personal information online from children

under the age of 13.

TOOLS to Manage What Personal Data We Collect

When using our Platform, we also provide in-time notice or obtain

consent for certain practices. For example, we will obtain consent to

use your address or to send push notifications. We may obtain this

consent through the Platform or using the standard permissions

available on your device.

In many cases, your web browser or mobile device platform will

provide additional tools to allow you to control when your device

collects or shares particular categories of personal data. For example,

your mobile device or web browser may offer tools to allow you to

manage cookie usage or location sharing. We encourage you to

familiarize yourself with and use the tools available on your devices.

WHY and HOW Do We Use Your Personal Data?

We use your personal data in the following ways:

To Provide the Features of the Platform and the Services You Request

When you use our Platform, we will use your personal data to provide

the requested product or service. For example, if you make a

purchase on HighPeakCo.com,or participate in an event or promotion,

we will use the contact information you give us to communicate with

you about the purchase, event or promotion. If you contact our

consumer services, we will use information about you, such as delivery

or payment information, or the product you have purchased to help

you resolve a problem or question.

If you use our Platform to make an order, we will collect this personal

data and store it so in case of fraud we have the information needed

to file a claim with the credit card companies.

In many cases, to use particular features within our Platform you may

need to provide HighPeak with additional data or additional consent to

use particular data in a certain way.

To Communicate Information about our Products, Services, Events

and for Other Promotional Purposes

If you are an existing customer of HighPeak (for example, if you have

placed an order with us), we may use the contact details you provided

to send you marketing communications about

similar HighPeak products or services, where permitted by applicable

law (unless you have opted out).In other cases, we ask for your

consent to send you marketing information.

We may use the information that you provide to us as, well as

information from other HighPeak products or services such as your use

of HighPeak’s Platform to personalize communications and

advertisements regarding our products and services that may be of

interest to you. For registered users, this may include data collected

from your interactions with our Platform that are associated with your

account across devices.

To Operate, lmprove and Maintain our Business, Products and

Services

We use the personal data you provide to us to operate our business.

For example, when you make a purchase, we use that information for

accounting, audits and other internal functions. We may use personal

data about how you use our products and services to enhance your

user experience and to help us diagnose technical and service

problems and administer our Platform.

To Protect Our or Others’ Rights, Property or Safety

We may also use personal data about how you use our Platform to

prevent, detect, or investigate fraud, abuse, illegal use, violations of

our Terms of Use, and to comply with court orders, governmental

requests or applicable law.

For General Research and Analysis Purposes

We use data about how our visitors use our Platform to understand

customer behavior or preferences. For example, we may use

information about how visitors to HighPeakCo.com search for and find

products to better understand the best ways to organize and present

product offerings in our storefront.

Other Purposes

We may also use your personal data in other ways and will provide

specific notice at the time of collection and obtain your consent where

necessary.

SHARING of Your Personal Data

HighPeak’s Sharing

HighPeak may share each of the categories of personal data we

collect with the following types of entities for the business purposes

described:

• HighPeak entities for the purposes and under the conditions

outlined above.

.Service providers processing personal data (including the

personal data noted in the “What Personal Information Do We

Collect and When” section) for business

purposes on HighPeak’s behalf, for example to process credit cards

and payments, shipping and deliveries, host, manage and service

our data, distribute emails, research and analysis, advertising,

analytics, manage brand and product promotions as well as

administering certain services and features.

.Other third parties to the extent necessary to:(i) comply with a

government request, a court order or applicable law; (ii) prevent

illegal uses of our Platform or violations of our Platform’s Terms of

Use and our policies; (iii) defend ourselves against third party

claims; and (iv) assist in fraud prevention or investigation (e.g.,

counterfeiting).

.To any other third party where you have provided your consent.

We may also transfer personal data we have about you in the event

we sell or transfer all or a portion of our business or assets (including

in the event of a reorganization, spin-off, dissolution or liquidation).

We do not sell your personal data.

Your Sharing

When you use certain social features on our Platform, you can create a

public profile that may include information such as your screen name,

profile picture and hometown. You can also share content with your

friends or the public, including information about your HighPeak

activity. We encourage you to use the tools we provide for

managing HighPeak’s social sharing to control what information you

make available through HighPeak’s social features.

PROTECTION and MANAGEMENT of your Personal Data

• Encryption & Security: We use a variety of technical,

administrative, and organizational security measures, including

encryption and authentication tools in certain circumstances, to

maintain the safety of your personal data.

Despite our efforts, no website, mobile application, database or system

is completely secure or “hacker proof.” You can help keep your data

safe by taking reasonable steps to protect your personal information

against unauthorized disclosure or misuse.

.Retention of your personal data: We retain your personal data for

as long as necessary to fulfill the purposes described in this policy,

unless otherwise required or permitted by law. For example, we

keep your account profile information for as long as you keep

your HighPeak account, but, we may keep your order history longer

to comply with legal obligations.

• Managing your personal data: You may have the right to request:

(i) access to your personal data (both the categories of data we

collect, which is laid out in this policy, and particular types); (ii) an

electronic copy of your personal data; (iii) correction of your

personal data if it is incomplete or inaccurate; or (iii) deletion or

restriction of your personal data in certain circumstances as

provided by applicable law. We do not sell your personal data. We

will not discriminate against you for the exercise of these rights. lf

you request to delete your account, you can create a new account

on our Platform at any time.

If you have a request regarding your personal data that cannot be

fulfilled from your account settings, please contact us. Contact

details, a link to the webform for these requests, and reported

metrics on consumer requests, can be found in the “Questions,

Feedback and Metrics” section below. We will verify your request

either through a message sent to the email address associated with

your account (so you must have access to this email account) or by

asking you to provide information matching what we have for you

within our systems. You or your authorized agent may request to

exercise your rights. Before we can act on a request from your

authorized agent, we may require verification of your identity and

proof from the authorized agent that they can act on your behalf.

Managing your content: You can request removal of your posted

User Generated Content on the Platform, but please note that

removal may not encompass all possible locations, for example,

back-ups or sharing by other users initiated prior to removal.

• Managing your notifications: If you have a HighPeak account, you

can opt-out of receiving HighPeak’s marketing communications by

modifying the preferences in your account settings.Alternatively,

you can opt-out by following the opt out or unsubscribe instructions

in the message or by contacting us. Contact details are in the

“Questions, Feedback and Metrics” section below.

COOKIES and Pixel Tags

HighPeak collects information, which may include personal data, when

you use our Platform. We use a variety of methods, such as cookies

and pixel tags to collect this information, which may include your (i)

IP-address; (ii) unique cookie identifier, cookie information and

information on whether your device has software to access certain

features; (iii) unique device identifier and device type; (iv) domain,

browser type and language, (v) operating system and system settings;

(vi) country and time zone; (vii) previously visited websites; (viii)

information about your interaction with our Platform such as click

behavior, purchases and indicated preferences; and (ix) access times

and referring URLs.

Some advertising and technology partners may also collect personal

data when you use our Platform. These partners have committed to

act as service providers on HighPeak’s behalf and have committed to

only use your personal data for HighPeak’s purposes as described in

this policy.

In some instances our Platforms allows you to log-in with or connect

your HighPeak account with a third-party social media or partner

account. If you do so, your use of their technology within our Platform

is subject to their terms and policies.

We use cookies and pixel tags to track usage of the Platform and to

understand our customers’ preferences (such as country and

language choices). This enables us to provide services to our

customers and improve their online experience. We also use cookies

and pixel tags to obtain aggregate data about Platform traffic and

Platform interaction, to identify trends and obtain statistics so that we

can improve our Platform. There are generally three categories of

cookies used on our Platform:

• Functional: These cookies are required for basic Platform

functionality and are therefore always enabled. These include

cookies that allow you to be remembered as you explore our

Platform within a single session or, if you request, from session to

session. They help make the shopping cart and checkout process

possible as well as assist in security issues and conforming to

regulations.

• Performance: These cookies allow us to improve our Platform’s

functionality by tracking usage. In some cases, these cookies

improve the speed with which we can process your request and

allow us to remember Platform preferences you have selected.

Refusing these cookies may result in poorly-tailored

recommendations and slow Platform performance.

Social media and Advertising: Social media cookies offer the

possibility to connect you to your social networks and share content

from our Platform through social media.Advertising cookies collect

information to help better tailor advertising to your interests. ln

some cases, these cookies involve the processing of your personal

data. Refusing these cookies may result in seeing advertising that is

not as relevant to you or you not being able to link effectively with

Facebook, Twitter, or other social networks and/or not allowing you

to share content on social media.

Your browser can help you manage cookies. You can choose to have

your computer warn you each time a cookie is being sent, or you can

choose to turn off all cookies. You do this through your browser

settings on each browser and device that you use. Each browser is a

little different, so look at your browser Help menu to learn the correct

way to modify your cookies. lf you turn cookies off, you may not have

access to many features that make our Platform more efficient and

some of our services will not function properly. There are also general

resources for opting out of interest based advertising available on the

websites of the Network Advertising Initiative and the Digital

Advertising Alliance.

Similarly, you can adjust your advertising preferences on your mobile

device at the device level. For example, to adjust your advertising

preferences in iOs, visit Settings>Privacy >Advertising>Limit Ad

Tracking. To adjust your advertising preferences in Android, visit

Settings > Google > Ads > Opt out of interest-based ads.

USING the HighPeak Platform with Third-Party Products and Services

Our Platform allows you to interact with a wide variety of other digital

products and services. For example, our Platform can integrate with

third-party devices for activity tracking, social networks,music

streaming services and other digital services.

If you choose to connect your HighPeak account with a third-party

device or account, your privacy rights on third-party platforms will be

governed by their respective policies.

Our Platform may provide links to other (third-party) websites and

apps for your convenience or information. Linked sites and apps have

their own privacy notices or policies, which we strongly encourage you

to review. To the extent any linked websites or apps are not owned or

controlled by us, we are not responsible for their content, any use of

the websites or apps, or the privacy practices of the websites or apps.

CHANGES to Our Privacy Policy

Applicable law and our practices change over time. lf we decide to

update our privacy policy, we will post the changes on our Platform. lf

we materially change the way in which we process your personal data,

we will provide you with prior notice, or where legally required, request

your consent prior to implementing such changes. We strongly

encourage you to read our privacy policy and keep yourself informed

of our practices.

QUESTIONS,Feedback and Metrics

We welcome questions, comments, and concerns about our privacy

policy and privacy practices.

You may also contact Customer Services at [email protected]