Privacy Policy & Terms of Use

Terms of use and legal restrictions (PEAKLIFE360 Website and PEAKLIFE360 Android and iOS and iOS Mobile APPSs). 

 
ATTENTION: PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING OUR PEAKLIFE360 WEBSITE (“SITE”) AND OUR ANDROID AND IOS MOBILE APPSLICATIONS (“APPS”). USE OF THIS SITE OR APPS INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITE OR APPS. THESE TERMS GOVERN YOUR USE OF THE SITE AND APPS, ANY CONTENT (SUCH AS TEXT, DATA, NFORMATION, SOFTWARE, GRAPHICS, OR PHOTOGRAPHS) THAT PEAKLIFE360 MAY MAKE AVAILABLE THROUGH THE SITE OR APPS (COLLECTIVELY, “MATERIALS”) AND ANY SERVICES THAT PEAKLIFE360 MAY PROVIDE THROUGH THE SITE OR APPS (COLLECTIVELY, “SERVICES”). THE SITE, APPS, MATERIALS, AND SERVICES ARE REFERRED TO IN THESE TERMS COLLECTIVELY AS THE “PEAKLIFE360 CONTENT.”  

Communications. 

 
By registering you agree with the terms of this Privacy Policy are accepting to receive our email and push communication.  
We respect your preferences and privacy. We also want to keep you informed about Site and APPS updates, new products and other service updated. If you register for a download, you agree to accept email messages from us, which we will strive to keep to a minimum. If you do not want to receive email or push notifications communications from us, please send an email to: [email protected] with the subject “Remove Me”. Please note that removal from our registration list will not affect your ability to access or use the PEAKLIFE360.com Site or the APPS. PEAKLIFE360 reserves the right to update this Privacy Policy at any time by publishing the revised Privacy Policy on the PEAKLIFE360 website or App. PEAKLIFE360 may modify these terms or any additional terms that apply to a PEAKLIFE360 Services, Software Apps, PEAKLIFE360 Products, and this Privacy Policy.  

We refer to each visitor to our Website or user of a PEAKLIFE360 Product or Software Apps as a “User.” We refer to our Website, our Data communication and our Data Services as the “PEAKLIFE360 Services.” We refer to PEAKLIFE360 products purchased from PEAKLIFE360 directly or through a distributor as the “PEAKLIFE360 Products.” This Privacy Policy governs your use of PEAKLIFE360 Products, PEAKLIFE360 Services, Website and Software Apps. 

Data Collected. 

We collect user information when you register with PEAKLIFE360 for your use of a PEAKLIFE360 Product, PEAKLIFE360 Service or Software App. This information may include your name, location, address, telephone number, email address, mobile network, IP address, dates connected with our system, operator and other information relates to the reading analysis, as well as information regarding your use of PEAKLIFE360 Products, including the product model and serial number. When you make payments on our Services, we will collect all information necessary to complete the transaction, including your name, credit card and billing information. If you provide us feedback or contact us via email, we will collect your name and email address,  

If you participate in a sweepstakes, contest or giveaway on the Site, we may ask you for your email address and/or home number (to notify you if you win or not). We may also ask you for first and last names, and sometimes post office addresses to verify your identity. In some situations we may need additional information as part of the entry process, such as a prize selection choice. These sweepstakes and contests are voluntary. We recommend that you read the rules for each sweepstakes and contest that you enter. as well as any other content included in the email, in order to send you a reply.  

We collect Data Services Information 

This information is received and transmitted through the SW application installed on your mobile device or through our Website. This information include: Weight and Body Mass Index reading, Blood Pressure Information, Blood Glucose Level, Temperature reading, Blood Oxygen Saturation Levels (SpO2) reading,  

Use of Date Collected 

We use the data collected from you and the devices to manage your account and provide you with the services you subscribe to. We do not make this information public. We maintain the right the use the information collectively and anonymously in big data analysis. We use your personal information to respond to comments and questions and provide customer service.  Some data is shared with third party services (NextRoll, Facebook, Google, and Bing) for the purpose of marketing, specifically targeted advertising and analytical purposes. You can opt out of these services using your individual accounts for them where allowed or otherwise through the steps listed in the “Opt Out” section of this policy.

We use your personal information to send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages 

NOTICE TO CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS 

(AS PROVIDED BY CALIFORNIA CIVIL CODE SECTION 1798.83) 

A CALIFORNIA RESIDENT WHO HAS PROVIDED PERSONAL DATA TO A BUSINESS WITH WHOM HE/SHE HAS ESTABLISHED A BUSINESS RELATIONSHIP FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES (A “CALIFORNIA CUSTOMER”) MAY REQUEST INFORMATION ABOUT WHETHER THE BUSINESS HAS DISCLOSED PERSONAL INFORMATION TO ANY THIRD PARTIES FOR THE THIRD PARTIES’ DIRECT MARKETING PURPOSES. IN GENERAL, IF THE BUSINESS HAS MADE SUCH A DISCLOSURE OF PERSONAL DATA, UPON RECEIPT OF A REQUEST BY A CALIFORNIA CUSTOMER, THE BUSINESS IS REQUIRED TO PROVIDE A LIST OF ALL THIRD PARTIES TO WHOM PERSONAL DATA WAS DISCLOSED IN THE PRECEDING CALENDAR YEAR, AS WELL AS A LIST OF THE CATEGORIES OF PERSONAL DATA THAT WERE DISCLOSED. CALIFORNIA CUSTOMERS MAY REQUEST FURTHER INFORMATION ABOUT OUR COMPLIANCE WITH THIS LAW BY E-MAILING [email protected] PLEASE NOTE THAT WE ARE REQUIRED TO RESPOND TO ONE REQUEST PER CALIFORNIA CUSTOMER EACH YEAR AND WE ARE NOT REQUIRED TO RESPOND TO REQUESTS MADE BY MEANS OTHER THAN THROUGH THIS E-MAIL ADDRESS. 

HIPAA compliance 

We may receive information that is subject to Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). When such information is collected, we intend to store and handle this information in accordance with HIPAA requirements.  

 
 
Use of the Site and APPS.  

 
Except as set forth in “Other agreements; software, services or access”, below, PEAKLIFE360 authorizes you to use the Site and APPS only for your own personal, non-commercial purposes. Use of the Site or APPS for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited.  

If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. As between you and PEAKLIFE360, PEAKLIFE360 owns the Site and APPS. The Site and APPS are protected under United States and international copyright laws. Any unauthorized use of the Site or APPS may violate copyright, trademark, and other laws.  
 
Access.  

 
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Site or APPS and for paying all charges related thereto. When you register anywhere on the Site or APPS, when you contact PEAKLIFE360 through the Site or APPS for the purpose of receiving products or services, PEAKLIFE360 may collect certain personal information about you. PEAKLIFE360’s use of such information is governed by the provisions of the PEAKLIFE360 Online Privacy Statement for the Site and APPS. You agree to provide true, accurate, current and complete information. You are responsible for maintaining the confidentiality of your Site password and you are solely responsible for all activities that occur under your password. You agree to notify PEAKLIFE360 immediately of any unauthorized use of your password or any other breach of security related to the Site. PEAKLIFE360 reserves the right to require you to change your password if PEAKLIFE360 believes that your password no longer is secure. Access to the Site granted to you under other separately executed agreements by PEAKLIFE360 shall supersede the terms of this Section.  
 
Prohibited Uses.  

 
You agree not to use the Site or APPS (including, without limitation, any Materials or Services you may obtain through your use of the Site): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the Site or servers or networks connected to the Site. You further agree not to (x) use any data mining, robots, or similar data gathering or extraction methods in connection with the Site; or (y) attempt to gain unauthorized access to any portion of the Site or any other accounts, computer systems, or networks connected to the Site, whether through hacking, password mining, or any other means.  
 
Termination.  

 
Except as set forth in “Other agreements; software, services or access” below, PEAKLIFE360 may terminate, suspend or modify your registration with, or access to, all or part of the Site, without notice, at any time and for any reason. You may discontinue your participation in and access to the Site at any time. If you breach any of these Terms of Use, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed Materials (and any copies thereof).  
 
Disclaimers.  

 
THE SITE AND APPS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND PEAKLIFE360 MAY CHANGE INFORMATION PROVIDED ON THE SITE AND THE APPS AT ANY TIME WITHOUT NOTICE. PEAKLIFE360 DOES NOT PROMISE THAT THE SITE OR APPS OR ANY OF THEIR CONTENT, SERVICES OR FEATURES WILL BE ERROR FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE OR APPS WILL PROVIDE SPECIFIC RESULTS. PEAKLIFE360 CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE OR APPS WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. PEAKLIFE360 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITE OR APPS (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE OR FROM PEAKLIFE360 OR ITS SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF PEAKLIFE360) (COLLECTIVELY, “THE PEAKLIFE360 PARTIES”) SHALL CREATE ANY WARRANTY. PEAKLIFE360 DISCLAIMS ALL EQUITABLE INDEMNITIES.  
 
Limitation of liability.  

 
IN NO EVENT WILL ANY OF THE PEAKLIFE360 PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE SITE (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE OR APPS), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY PEAKLIFE360 PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.  
 
Exclusions and limitations.  

 
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any PEAKLIFE360 Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the PEAKLIFE360 Party’s liability shall be the minimum permitted under such applicable law.  
 
Other agreements, software, services or access.  

 
PEAKLIFE360 may provide products (such as hardware or software) or access to the Site or APPS under the terms of a separate agreement between you and PEAKLIFE360 (each, an “Other Agreement”). PEAKLIFE360’s obligations with respect to any product or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements. For example, the use of any software that is made available to download from the Site or APPS (“Software”) is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install any Software that is accompanied by or includes a License Agreement unless you first have agreed to the License Agreement terms. If no end user license agreement accompanies or is included with the Software, then such Software shall be deemed to be Materials hereunder and these Terms shall govern your use of such Software. FURTHER REPRODUCTION OR REDISTRIBUTION OF ANY SOFTWARE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH SOFTWARE.  
 
Modifications to PEAKLIFE360 Content. 

 
PEAKLIFE360 reserves the right to modify, suspend, or discontinue the Site or APPS at any time without notice to you. For example, PEAKLIFE360 may make changes to the Materials and/or Services, or to the products and prices described in them, at any time without notice. The Materials and Services may be out of date and PEAKLIFE360 makes no commitment to update the Materials and Services whatsoever. Information published on the Site or APPS may refer to products, programs, or services that are not available in your country. Consult your local PEAKLIFE360 business contact for information regarding the products, programs, and services that may be available to you.  
 
Links to third-party websites.  

 
PEAKLIFE360 may provide links on the Site or APPS to third-party sites. Such links are provided solely as a convenience to you. If you use these links, you will leave the Site or APPS. PEAKLIFE360 is not obligated to review such third-party sites, does not control such third-party sites, and is not responsible for any such third-party sites (or the products, services, or content available through the same). Thus, PEAKLIFE360 does not endorse or make any representations about such third-party sites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to from the PEAKLIFE360 Network, you do this entirely at your own risk.  
 
Linking to the Site.  

 
You may create links to the Site from other sites, but only in accordance with the following terms and in compliance with all applicable laws. Absent PEAKLIFE360’s written authorization otherwise, a site that links to this Site: 

  1. may link to, but shall not replicate, any Materials (including any PEAKLIFE360 logo); 
  1. shall not create a browser or border environment around any Materials; 
  1. shall not imply that PEAKLIFE360 endorses such site or any products, services, or content available through such site; 
  1. shall not misrepresent its relationship with PEAKLIFE360; 
  1. shall not present false or misleading information about PEAKLIFE360, its products, or its services; 
  1. shall not contain content that could be construed as distasteful, offensive, or controversial; and 
  1. Shall contain only content that is appropriate for all age groups. 

 
 
Trademarks.  

 
PEAKLIFE360, the PEAKLIFE360 logo and its dude are trademarks of PEAKLIFE360, LLC 
 
International and export issues.  

 
PEAKLIFE360 administers the Site and APPS from its offices in the United States. PEAKLIFE360 makes no representation that the Site is appropriate or available for use outside the United States and access to the Site from territories where its contents are illegal or restricted is prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable Laws. You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with your use of the Site and to not, in violation of any Laws, transfer, or authorize the transfer, of any Materials to a prohibited country or otherwise in violation of any Laws. In particular, but without limitation, the Materials may not, in violation of any Laws, be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders or U.S. Department of Commerce Entity List of proliferation concerning non-PEAKLIFE360 sites, or the US State Department Debarred Parties List of non-PEAKLIFE360 sites. By using any Materials subject to any such restrictions and regulations, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.  
 
Indemnification.  

 
You agree to indemnify, defend, and hold harmless the PEAKLIFE360 Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. PEAKLIFE360 reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with PEAKLIFE360’s defense of such claim.  

Controlling the collection of information.

Users can control the collection of data by web browsers and mobile devices when they access PEAKLIFE360’s site by managing their cookie consent, accessible via a tab on the lower left-hand of their screen. The user can also manage their cookies by manually deleting them as is described in the cookie consent policy.

 Opting Out of Interest-Based Advertisement.

You can opt out of interest-based advertisement at the NAI here. This will not change how much advertising you see but instead replace targeted ads with untargeted ones.

Information for California residents.
 

In addition to the privacy rights outlined here, California residents are governed by the California Consumer Privacy Act of 2018 (“CCPA“). For more information on PEAKLIFE360’s compliance with the CCPA, see NextRoll’s information for California residents.

Electronic communications.  

 
When you visit the Site or send e-mails to PEAKLIFE360, you are communicating with PEAKLIFE360 electronically. We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures, and other communications that PEAKLIFE360 provides to you electronically satisfy any legal requirement that such communications be in writing.  
 
General.  

 
These Terms, together with any additional terms to which you agree when using particular elements of the Site and APPS, constitute the entire and exclusive and final statement of agreement between you and PEAKLIFE360 with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and PEAKLIFE360 with respect to such subject matter. The PEAKLIFE360 Parties are third party beneficiaries with respect to the provisions in these Terms that reference them. These Terms and the relationship between you and PEAKLIFE360 shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Site or APPS shall be brought in the Federal or State courts located in San Diego County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of PEAKLIFE360 to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of PEAKLIFE360 and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the Site or APPS. These Terms will be interpreted without application of any strict construction in favor of or against you or PEAKLIFE360. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PEAKLIFE360 without restriction.  
 
Modifications to these Terms.  

 
PEAKLIFE360 may, in its sole and absolute discretion, change these Terms from time to time. PEAKLIFE360 may or may not post notice of such changes on the Site. If you object to any such changes, your sole recourse shall be to cease using the Site or APPS. Continued use of the Site or APPS following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Site or APPS and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.