This privacy policy covers the policies of PeakMetrics, Inc. ("PeakMetrics," “we,” “us,” or “our”) on the collection, use, and disclosure of your information, including any personally identifiable information or other data collected that could directly or indirectly identify you (“Personal Data”) when you access the our website at https://www.peakmetrics.com (“Website”) and our other Services. Any capitalized term used in this Privacy Policy that is not defined here will have the same meaning as it does in our Terms of Service.

This Privacy Policy does not apply to information collected by:

third parties, including applications or content accessible from or linked to our Services;

third-party sources from which we aggregate information, such as social media platforms, including via API integrations or licensing arrangements.

Each time you use our Services, you consent to the collection, use and storage of the collected information as described in this Privacy Policy. Please read it carefully and contact us at [email protected] if you have any questions.

What information do we collect?

Please avoid including Personal Data in your prompts when using our Services. That said, we cannot control the information you choose to submit.

Account Registration Information. If you want to create an account, as part of the account registration process, we will collect your name, email address and password.

Payment Information. When you purchase a subscription through our Services via Automated Clearing House (ACH) transfer, your payment information is collected and processed directly by our third-party payment processor. This information may include your bank account and routing numbers, account holder name, and account type. We do not store or have direct access to your full bank account details. By choosing to pay via ACH, you authorize our processor to collect this information and process the transaction in accordance with their own privacy policies.

Communication Information. When you communicate with us, such as by email, we may collect personal information that you submit to us including your name, username, email address and other information you voluntarily provide us with, including the content of your communications.

User Content. You may submit Personal Data when providing prompts or other materials to the Service, including files, images, audio, voice, video, or similar content (“Input”). The Service generates responses and other results (“Output”) based on the Input you provide. Together, the Input and Output are referred to as “User Content.” If your Input contains personal information, that information may also appear in the resulting Output.

As described in our Terms of Service, we ask that you do not input "sensitive personal information" under applicable laws, such as bank, credit card or other financial account numbers or login credentials, social security, tax, driver's license or other government-issued identification numbers, information that relates to a person's religious or philosophical beliefs, health data, or data concerning anyone's sex life or sexual orientation

Automatically Collected Usage Activity.

When you visit our Website or access our other Services, we may collect certain information automatically from you, which may include:

Browser and device data, such as IP address, device type, device operating system, country of access, Internet browser information (type, version and plug-ins) and analytics information.

Usage data, type of content engaged with, features used, and pages viewed.

Newsletters. From time to time, we publish newsletters about our services, products, and other updates. If you choose to subscribe to our newsletters, you may do so by providing your email address through Substack, a third-party newsletter publishing platform that we use to manage subscriptions and distribute our newsletters. When you subscribe through Substack, your email address will be collected and processed by Substack and shared with us for the purpose of managing your subscription and delivering our newsletters to you. Your use of Substack’s subscription services is subject to Substack’s applicable terms and policies, including Substack’s Terms of Use and Privacy Policy, as well as any other terms that Substack may require from time to time.

How we use cookies?

Cookies are small text files which are transferred to your computer or mobile device when you visit our Website. We use them to improve your user experience and help us understand how people are using our Services, so we can make them better. Cookies can be session cookies, which expire once you close your web browser. Cookies can also be persistent cookies, which stay on your device or a set period of time or until you delete them.

PeakMetrics currently uses only “necessary” cookies and “performance/analytics” cookies. PeakMetrics does not use marketing or advertising cookies.

Necessary Cookies. These are required to operate our Service and allow us to improve it and keep it safe - for example to detect and prevent malicious activity or fraudulent usage and manage products you have access to. Necessary cookies cannot be removed.

Performance/analytics Cookies. These are cookies that analyze how our Services are accessed, used, and perform. Through the use of performance/analytics cookies, we collect information such as visit details (including traffic data, location data, weblogs, and communication data) and connection information (including device browser, operating system, and platform type). We use this information to maintain, operate, and continually improve our Services.

Using our Services without cookies is also possible (except necessary cookies). In your browser, you can deactivate the saving of cookies, limit them to particular websites, or set the browser to notify you when a cookie is sent. You can also delete cookies from your PC hard drive at any time (file: "cookies"). Please note that in this case you will have to expect a limited page presentation and limited user guidance. Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit http://www.allaboutcookies.org/

Third Party/Embedded Content. Our Services make use of different third-party applications and services to enhance your experience. These include embedded content from the X platform. As a result, cookies may be set by these third parties, and used by them to track your online activity. We have no direct control over the information that is collected by these cookies. We encourage you to review their cookie policies carefully before accessing their content.

How do we use the collected information? 

We use the information we collect for the purposes described in this Privacy Policy, as covered in any agreement that incorporates this Privacy Policy, or as disclosed to you in connection with our Services. For example, we will use your information to:

Provide, analyze and maintain our Services, such as creating your account, responding to your Inputs to our Services, and, inviting you to join our shared channels for team collaboration purposes (e.g. Slack);

Enhance and improve our Services and conduct research. For example, we may use information to develop new features, analyze usage patterns, support and grow our business operations, identify potential customers, and perform data analysis.

Provide customer and service support, such as sending confirmations, invoices, technical notices, updates, security alerts, and administrative messages and providing service support and troubleshooting;

Communicate with you, including sending information about our Services, events, or updates to the Services. This may include non-promotional communications such as messages regarding your access to the Services, legally required notices, or other communications related to our ongoing business relationship.

Enforce our terms and conditions or protect our business, partners, or users;

Protect against, investigate, and deter fraudulent, unauthorized use, illegal activity and other misuses of our Services; or

Comply with laws, including complying with applicable laws and protecting the rights, privacy, safety, or property of our users, our company, or third parties. For example, we may determine your country of location in order to meet relevant legal or regulatory requirements.

Legal Basis For Processing. When we process your information we will only do so where at least one of the following applies:

Provide our service to you: Most of the time, the reason we process your information is to perform the contract that you have with us. For example, if you create an account, we process your account registration data to provide customized and personalized Services to you. When you enter an Input, we process your Input to generate the Output.

Legitimate interests: We may process personal information collected from you, including account information, usage data, and customer support questions submitted through our Services, in order to maintain, secure, and improve our Services. This processing is based on our legitimate interests in operating and enhancing our services and ensuring the security and reliability of our systems.

Consent: From time to time, we may ask for your consent to use your information for certain specific reasons. You may withdraw your consent at any time by utilizing the opt-out or toggle-off features available in your account settings, or by contacting us at the address provided at the end of this Privacy Policy.

Legal Compliance: When it is necessary for us to use your information to comply with a legal obligations.

Is Information Collected by or Disclosed to Third Parties by using the Services?

We do not share, sell or rent to third parties your information except as described in this Privacy Policy. Examples of instances in which we share your information are provided below:

Third party service providers. We, like many businesses, sometimes engage other companies to perform certain business-related functions on our behalf so that we can focus on our core business. Examples of these services include, but are not limited to server hosting, cloud, AI tools, analytics, content delivery, support and safety monitoring, payment and transaction, email sending platform and newsletter publishing. We authorize them to use this Personal Data only in connection data security and privacy standards. Your User Content will not be used to train any AI tools.

Business transfers. We may disclose or transfer Personal Data in connection with corporate transactions such as a merger, financing, acquisition, bankruptcy, dissolution, or the sale or transfer of all or part of our business or assets. Personal Data we collect may be included among the assets transferred in such transactions, and we may also share Personal Data with our auditors, attorneys, or other advisors in connection with these activities. Any successor or acquirer may continue to use your Personal Data in accordance with this Privacy Policy.

Legal requirements. We may disclose your Personal Data if required to do so by law (including, without limitation responding to a subpoena or request from law enforcement, court or government agency or other public authorities) or in the good faith belief that such action is necessary (i) to comply with a legal obligation, (ii) to protect or defend our rights, interests or property or that of other customers or users, including to enforce our agreements, policies, and Terms of Service, (iii) to act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) to protect against legal liability or potential fraud, as determined in our sole discretion.

Your consent. If we intend to use any of your Personal Data collected in any manner that is not specified herein, we will inform you of such anticipated use prior to or at the time at which such Personal Data is collected or we will obtain your consent subsequent to such collection but prior to such use. In short, we will honor the choices you make regarding your Personal Data and will inform you about any other intended uses of such information.

How Does PeakMetrics Comply with the Children’s Online Privacy Protection Act?

Our Services are directed toward a general audience and are not directed at nor intended for use by children. We do not knowingly collect information from children under the age of 13 without parental consent. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at [email protected] . We will delete such information from our files within a reasonable time.

What are my data protection rights under General Data Protection Regulation (“GDPR”) and its Swiss and UK GDPR counterparts?

If you are located in countries that are within the European Economic Area (the “EEA”) Switzerland or UK, GDPR and its UK and Swiss GDPR counterparts may grant you certain rights regarding your Personal Data, to the extent these laws apply to our collection and processing of your information, subject to any exemptions provided by the law.

Where these laws apply, you may have the rights to:

request access to your Personal Data;

request correction or deletion of your Personal Data;

object to our use and processing of your Personal Data;

request that we limit our use and processing of your Personal Data; and

request portability of your Personal Data.

You can usually access, correct, or delete your personal data by contacting us at [email protected] We will consider all such requests and provide our responses as soon as we can.  Please note, however, that Personal Data may be exempt from such requests in certain circumstances, which may include circumstances where we need to keep processing your personal information for our legitimate interests or to comply with a legal obligations. Users located in EEA, Switzerland or UK may also have the right to make a complaint to a government supervisory authority.

Cross-Border Data Transfers

Sharing of information laid out in Section 4 sometimes involves cross-border data transfers, for instance to the United States of America and other jurisdictions. PeakMetrics may also subcontract processing to, or share your Personal Data with, third parties located in countries other than your home country. Your Personal Data, therefore, may be subject to privacy laws that are different from those in your country of residence.

Where our Services allow for users located in the European Economic Area (“EEA”), Switzerland or UK, and when we transfer their Personal Data to countries outside of the EEA, Switzerland or UK as processors, we transfer the Personal Data in accordance with applicable privacy laws and, in particular, that appropriate contractual, technical, and organizational measures in place such as the Standard Contractual Clauses approved by the EU Commission. Standard Contractual Clauses are commitments between companies transferring personal data, binding them to protect the privacy and security of your data.

U.S. Privacy Laws—California Consumer Privacy Act

If you are located in the United States, this Privacy Policy explains how we collect, use and disclose your personal information under U.S. state privacy laws to the extent applicable to us.

California Consumer Privacy Act (CCPA). In the event that you are a California resident you may have the following rights with regards to personal information stored on our Services:

Right to Know. you have the right to know what categories and specific pieces of CCPA personal information have been collected about you; the categories of sources from which CCPA personal information are collected; our business or commercial purpose for collecting, using, or disclosing CCPA personal information; the categories of third parties with whom we share CCPA personal information; the categories of CCPA personal information we have disclosed about you for a business purpose.

Right to Correct: you have a right to request any correction of your CCPA personal information. Please note that we cannot guarantee the accuracy of any Output generated by our models. If you believe that Output contains inaccurate personal information about you, you may submit a correction request. We will make reasonable efforts to address such requests; however, due to the technical nature of our models, we cannot guarantee that corrections will be feasible in all cases.

Right to Delete: you have a right to deletion of your CCPA personal information, subject to exceptions under the CCPA, among them:

We cannot verify your request

We need your personal information to complete your transaction, provide a reasonably anticipated product or service

For certain business security practices

For certain internal uses that are compatible with reasonable consumer expectations or the context in which the information was provided

To comply with legal obligations, exercise legal claims or rights, or defend legal claims

No Discrimination: We will not discriminate against you based on your exercise any of your CCPA rights.

How to Make the Request:  California customers with an account may exercise their rights directly or through an authorized agent by signing in to their account. If you are a California customer and you or your authorized agent would like to exercise your privacy rights listed above, requests may be made by emailing as at [email protected]. If you do not have an account with us, we will ask you for information which we consider necessary to verify your identity for security and to prevent fraud. This information may include name, contact information, and information related to your transaction or relationship with PeakMetrics, but the specific information requested may differ depending on the circumstances of your request for your security and to protect privacy rights.

We do not sell or share personal information. We do not disclose personal information to third parties for the purpose of engaging in targeted advertising. We will closely monitor the development of the U.S. Privacy Laws that may apply to our future activities and will implement reasonable administrative, technical and physical security measures for compliance.

How long does PeakMetrics retain information collected? 

We follow generally accepted standards to store and protect the Personal Data we collect, both during transmission and once received and stored, including utilization of encryption where appropriate. We retain Personal Data only for as long as necessary to provide the Services you have requested and thereafter for a variety of legitimate legal or business purposes. These might include retention periods (i) mandated by law, contract or similar obligations applicable to our business operations; (ii) for preserving, resolving, defending or enforcing our legal/contractual rights; or (iii) needed to maintain adequate and accurate business and financial records. If you have any questions about the security or retention of your Personal Data, or would like us to delete your Personal Data upon termination of your Agreement, please contact us at [email protected].

What is PeakMetrics’s Security Policy?

We have implemented reasonable administrative, technical and physical security measures to protect your personal information against unauthorized access, destruction or alteration. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Services. All sensitive information is protected behind firewalls and multiple layers of security systems. However, although we endeavor to provide reasonable security for information we process and maintain, no security system can ever by 100% secure.

Links to Third-party Websites and Platforms.

Our Services may include links to third-party websites or social media platforms that we do not operate or control. These third parties maintain their own terms, conditions, and privacy policies. We encourage you to review those policies carefully before providing any personal information to such sites or services.

 How Does PeakMetrics Respond to “Do Not Track” Signals?

“Do Not Track” is a feature enabled on some browsers that sends a signal to request that a web application disable its tracking or cross-site user tracking. At present, PeakMetrics does not respond to or alter its practices when a Do Not Track signal is received.

Your Rights and Your Choices.

You can request in writing copies of personal information about you held by us. If that information is inaccurate, please let us know and we will endeavor to make the necessary amendments, erase, or block the relevant information as you request.

How Will I Be Notified of Changes to Your Privacy Policy? 

If PeakMetrics makes material changes to its Privacy Policy, it will notify you by: (i) changing the Last Updated Date at the top of the Privacy Policy, (ii) sending an email to its users, and/or (iii) adding a statement to the Website.

Contact Us

If you have any questions regarding privacy while using our Services, or have questions about our practices, please contact us at [email protected] or write us at the following the address: