Privacy Policy

Thank you for your interest in Apeak Corporation, (“Apeak”) and our websites located at http://www.apeak.com (the “Apeak Website”), or coaching website located at [https://coach.apeak.com] (the “Apeak Team Website”) and our app and associated service. Your use of the Apeak service, through these websites or our app is subject to this Privacy Policy. Our app, the service and websites are collectively referred to in this Privacy Policy as the “Service.” We are pleased to provide this privacy policy to inform you of our practices with respect to how we collect and use personally identifiable information in connection with your use of the Service.

Information We Collect

The data that we regularly collect about visitors to the websites and users of the Service (e.g., IP address, browser type, pages accessed, duration of visit, etc.) does not necessarily enable us to personally identify you, and that is not our intention. We also collect device or other IDs through your use of the Service (e.g., Android ID, IMEI, BSSID, or Advertising ID). We do collect personally identifiable information about you, such as your name, age, tennis experience level and time zone when you voluntarily provide it by registering with us or using the Service. Once you become a user, you may provide additional information in your profile section. Providing additional information is optional. To facilitate your use of the Service, Apeak may automatically collect certain types of information when you access or use the Service. In order to collect this data, Apeak may utilize automated tools and files such as “cookies.” These automated tools and files may reside on our servers or on your computer or device. If you restrict our ability to use automated tools and files, your ability to access and use all or part of the Service may be limited or disabled completely.

Sports Psychology Consultant Marketplace Interactions

If you purchase coaching services from third party consultants on our marketplace, or provide coaching services as a Sports Psychology Consultant, we will collect information regarding those interactions, including without limitation, the content of video conference calls between the consultant and the user. These recordings are stored by Apeak for the purpose of monitoring the quality of consulting provided by the consultant and compliance by the participants with our Terms of Service. We may also retain them for risk management and legal compliance purposes.

Use of Information

Apeak uses your personally identifiable information primarily to provide you with the Service and to provide customized content on the Service that is of interest to you, and to improve your tennis performance through the use of the Service. The information is also used to verify your authority to access the Service and to contact you when reasonably necessary. Apeak may also use any information you have provided as reasonably necessary to administer or provide customer support for the Service, and to provide you with periodic printed or e-mail communications about new products and services, discounts, special promotions or upcoming events. You may opt-out of receiving some or all non-Service related communications by updating your profile on the Service. Also, your full name and email address may be used when you use the Service to send a message to another user. Additionally, we use your email address to contact you on behalf of other friends on the site (such as when another user sends you a message).

Controlling Your Personal Information

Apeak may make available to users chat rooms, forums, message boards, and other interactive features. We also may enable you to communicate directly with coaches and other third parties through the Service. You should be aware that when you voluntarily disclose personally identifiable information (e.g. user name, e-mail address) via forums, postings, profiles, direct messages or other areas of the Service, that information, along with any substantive information disclosed in your communication, can be collected, correlated and used by third parties and may result in unsolicited messages from other posters or third parties. Such activities are beyond the control of Apeak. Please do not post any personal information on the Service or in other areas that you expect to keep private.

Disclosure

Apeak may disclose your personal information to third parties from time to time in our sole discretion. For this reason you should not disclose information to Apeak that you do not want shared with third parties. In addition to the forgoing, Apeak will disclose your personally identifiable information as it believes is reasonably necessary to comply with law, regulation or other governmental authority or to prevent harm to yourself or others. If you interact with a coach or Sports Psychology Consultant through the Service, your interactions will be accessible by these third parties. If you accept an invitation to connect via the Service with your coach, your coach will be able to access certain performance data as part of that coaching relationship. Apeak may also contract with various third parties who help us provide and maintain the Service. For example, we use a third party to process payments made to us, and may subcontract out production, fulfillment, or other operations. We may also use independent contractors to provide coaching or consulting services to customers and will share information with these contractors for this purpose. In these cases, we will use commercially reasonable efforts to prevent such third parties from disclosing your personal information, except for the purpose of providing the services in question. Additionally, as part of the Service, Apeak will make your profile information available to other users of the Service. Finally, Apeak may disclose your personally identifiable information upon a transfer or sale to another entity of all or substantially all of Apeak stock or assets in Apeak’s line of business to which this Privacy Policy relates or upon any bankruptcy or other corporate reorganization.

Links

For your convenience, we may provide links to certain third party websites or referrals to certain third parties’ products or services. If you choose to visit a third party’s website or use its products or services, please be aware that the third party’s privacy policy, and not the Apeak privacy policy, will govern your activities and any information you disclose while interacting with the third party.

Security

Because any personally identifiable information you submit to Apeak is purely voluntary and should not be of a particularly sensitive nature, we employ our standard security measures with respect to this information and do not use special encryption methods at this time. Apeak user accounts are secured by user-created passwords. Please note that Apeak cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

Collection of Information From Children

We market and sell our products to adults who purchase or otherwise subscribe to our Service, which may then be used by children only at the direction and under the supervision of these adults. If you are under 13, you may not use the Service without first having a parent or legal guardian create an account for your use and agree to the terms of this Privacy Policy. If you are a parent and wish to revoke your previously provided consent, review information collected from your child through their use of your account, or have that information deleted, please contact us at the address below.

Policy Changes

Apeak reserves the right to change this privacy policy, and will post any revisions on the Service. We encourage you to review this Privacy Policy regularly for any changes. Your continued use of the Service will be subject to the then-current privacy policy.

International Visitors and Customers

The Service is hosted in the United States. If you are visiting from the European Union (EU) or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data to the United States which does not have the same data protection laws as the EU and by providing your personal data you consent to: (1)The use of your personal data for the purposes identified above in accordance with this Privacy Policy; and (2)The transfer of your personal data to the United States as indicated above.

No Error-Free Performance

Apeak does not guarantee error-free performance under this Privacy Policy. We may not always catch an unintended privacy issue, despite our efforts to do so. Accordingly, we welcome your feedback regarding any privacy concerns that you may have, including how we can improve this Privacy Policy. We will use reasonable efforts to comply with this Privacy Policy and will take prompt corrective action when we learn of any failure to comply with it.

Legal Notices

This Privacy Policy is subject to the terms in our Terms of Service, available for review at http://www.apeak.com/terms, including terms regarding limitations on damages, disclaimers of warranties, and resolution of disputes. Our Terms of Use take precedence over any conflicting provision in this Privacy Policy.

Questions

If you have any questions about our privacy practices, please feel free to contact us at: support@apeak.com

Additional Disclosures for California Residents

These additional disclosures apply only to California residents. The California Consumer Privacy Act of 2018 (“CCPA”) provides additional rights to know, delete and opt out, and requires businesses collecting or disclosing personal information to provide notices and means to exercise rights. Notice of Collection. In the past 12 months, we have collected the following categories of personal information enumerated in the CCPA: Identifiers, including name, alias, postal address, email address, phone number, account name, IP address, and other similar identifiers. Demographic information, including your age and gender. Commercial information, including purchases and engagement with Apeak. Right to Know and Delete. If you are a California resident, you have the rights to delete the personal information we have collected from you and know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us: The categories of personal information we have collected about you; The categories of sources from which the personal information was collected; The categories of personal information about you we disclosed for a business purpose or sold; The categories of third parties to whom the personal information was disclosed for a business purpose or sold; The business or commercial purpose for collecting or selling the personal information; and The specific pieces of personal information we have collected about you. To exercise any of these rights, call our toll free number at 1-866-I-OPT-OUT and enter Service Code TBD to leave us a message. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete. Right to Opt-Out. To the extent Apeak sells your personal information as the term “sell” is defined under the CCPA, you have the right to opt-out of the sale of your personal information by us to third parties at any time. You may submit a request to opt-out through our toll-free number at 1-866-I-OPT-OUT and enter Service Code TBD to leave us a message. Authorized Agent. You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify your identity directly. Right to Non-Discrimination. You have the right not to receive discriminatory treatment by us for the exercise of any your rights. Minors. We do not knowingly “sell” the personal information of minors under 16 years old who are California residents without their affirmative authorization. Shine the Light. Customers who are residents of California have the right to request a disclosure describing the categories of personal information we have shared with third parties for their direct marketing purposes, and with whom we have shared it, during the preceding calendar year. You may request a copy of that disclosure by contacting us as set out in the “Contact Us” section above and specifying that you are making a “California Shine the Light Request.” We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year.

Additional Disclosures for Nevada Residents

Nevada law (NRS 603A.340) requires each business to establish a designated request address where Nevada consumers may submit requests directing the business not to sell certain kinds of personal information that the business has collected or will collect about the consumer. A sale under Nevada law is the exchange of personal information for monetary consideration by the business to a third party for the third party to license or sell the personal information to other third parties. If you are a Nevada consumer and wish to submit a request relating to our compliance with Nevada law, please contact us as at support@apeak.com

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