PRIVACY POLICY


Click here to discover our cookie policy

 

Last update: June 2023

PEAK PERFORMANCE is committed to protecting your privacy and complying with applicable data protection and privacy laws. This Privacy Policy (“Policy”) is designed to help you to understand what kind of information we collect in connection with our products and services and how we process and use such information. Throughout this Policy the term “personal data” means information relating to an identified or identifiable individual (i.e. a natural person). 


”PEAK PERFORMANCE or “we” refers to PEAK PERFORMANCE PRODUCTION AB having its registered office at Magasin 1, Frihamnen 115 56 Stockholm Sweden and business ID 556277-6434. PEAK PERFORMANCE is part of the Amer Sports group.


This Policy applies to personal data collected in connection with products and services offered by PEAK PERFORMANCE or from other interactions with us where a link or other appropriate reference of incorporation to this Policy is made, for example, in connection with our products, websites, applications, product testing, user communities, and other types of services offered by PEAK PERFORMANCE typically in electronic form, as well as other services such as customer care and warranty services, customer events, or promotions and campaigns. 


We typically provide additional privacy related terms in connection with a particular product or service. Such product or service specific terms prevail over this Policy to the extent of any conflict. Our products or services may also contain links to other companies’ websites and other third party services that have privacy policies of their own. We recommend that you carefully read the privacy policies of such services. PEAK PERFORMANCE is not responsible for the privacy practices or contents of any such third party services. 


Where a consent from you to the processing of personal data described in this Policy is required under the applicable law, such consent will be obtained by appropriate mechanism such as ticking a box stating your consent, choosing technical settings for a service or website, or other statement or conduct clearly indicating your acceptance to the processing, depending on the product, website, service or application you are using. 

 

DATA COLLECTED 

We collect your personal data typically when you purchase our products or services, use or register into our services, enter into a sales promotion or a campaign, or otherwise interact with us. Below are examples of the categories of the data we collect on you. 

 

Technical Information

For the most part, you may visit our websites or use our products or services without having to identify yourself. However, certain technical information is normally collected as a standard part of your use of our services. Such information includes, for example, your IP-address, access times, the website you linked from, pages you visit, the links you use, the ad banners and other content you viewed, information about your devices and other such technical information your browser provides us with or as may be otherwise collected in connection with certain products and services. When you use our services or otherwise interact with us over telecommunications networks, certain additional information, such as your mobile subscription number, may be transmitted to us by the telecommunications operator as a standard part of that communication. Please also see our Cookie Policy.

 

Information you provide us

When you register to our services, product testing or membership program, make a purchase, enter a sales promotion or otherwise interact with us, we may ask you to provide us with certain information such as your name, email address, street address, as well as user names, passwords and other such credentials that are used to authenticate users and to validate their actions or that may be needed to provide you with the products and services you have requested or to communicate with you, as well as information uploaded by you such as location, route information, pictures etc. We may collect training data, demographic information, for example, your age, gender, postal code and language preferences. 


We may also collect other information you provide, such as your consents, preferences and feedback, information relating to your devices and other such information you provide us with. Please note that certain non-identifiable information collected from you may become personally identifiable when you provide us with your personal data. Some of our services may allow you to submit information about other people, for example, if you make an order for a product that you wish us to send directly to another recipient. 

 

Special categories of personal data

We may collect your biometrical and health related data such as blood pressure, heart rate, footprints or similar depending on the product testing program you have joined or service you used. Users are requested to grant consent for such data collection explicitly per each service or product in question. For certain services, this may be done by adjusting the settings of the application or service.

 

Your transactions with us

We collect or request information relating to your purchase or use of our products or services as well as your other interactions with us. Such information may include, for example, details of the queries or requests you have made, the products and services provided (including delivery details), purchasing details (including payments made, credit card details, billing address, credit checks and other such financial information), details of agreements between you and PEAK PERFORMANCE, records of contacts and communications, information and details relating to the content you have provided us with and other such transactional information. We may, in accordance with applicable law, record your communication with our customer care or with other similar contact points.

 

Location data

Certain services may involve the use of your location data. Use of your location data is, however, subject to your prior consent for each service. 

 

Data obtained from third parties or via third party platforms

In addition to the personal data we obtain from you, we may obtain, in accordance with applicable laws, certain personal data from online advertising, list rental companies and other publicly available sources. This may include personal data such as credit information and address information updates. 

 

When cookies or other equivalent technologies have been enabled on our websites or services, we and/or the third party operating such cookie or other equivalent technology may collect certain personal data of you. This may include data such as HTTP header information (IP address, browser information, page storage location, website URL, data and time), cookie specific data (cookie IDs, cookie data, social media IDs) as well as other website/service visit related data (data events, orders placed, registrations, products searched). More information on cookies and equivalent technologies we use can be found in our Cookie policy.

 

When you interact with us or content through social media, we receive information from your interaction with our content (e.g., content viewed, and information about advertisements you have been shown or have clicked on). By interacting with our sites through social media, you consent to our use of data from the social media in accordance with this privacy notice. When we maintain sites (so called “fan sites”) on social media platforms such as Facebook or Instagram, the social media platform operators collect personal data on persons visiting these sites via cookies and process such data as data controllers.

 

THE PURPOSES OF PROCESSING 

PEAK PERFORMANCE processes your personal data for the purposes described in this Policy and/or any additional service specific privacy information. Please note that one or more purposes may apply simultaneously. 

 

Purposes Our legal basis
Providing you with the product or service you have requested, fulfilling your other requests such as customer service, processing your order or otherwise performing the contract you have with us Fulfilling contractual obligations
Creating and administering your membership account Fulfilling contractual obligations
Accounting, tax and bank management: issuing invoices, cashing and accounting Meeting our legal obligations
Preventing and detecting fraud or other misuses Preventing and detecting fraud or other misuses Meeting our legal obligations (e.g Know-Your-Customer requirements and export restrictions) and our legitimate interest (in fighting fraud)
Communicating with you:
• Sending you personalized information about promotions, offerings, and our features by email, SMS, online ads, push notification based on your profile, interests and recent interactions with the PEAK PERFORMANCE brand. Your consent
• To respond to your inquiries, provide information relating to our products and/or services you are using, and contact you about your membership account (including on your benefits, special events for members...) Our legitimate interest (in communicating important information and responding to your enquiries)
• Allowing you to post reviews Our legitimate interest (in informing users about the features of our products and services).
Recording of conversations to improve customer service, train our staff during telephone contacts with our customer service Our legitimate interest (in improving services and training staff).
Legal compliance. We use the information we collect to identify, investigate, and prevent activities that may violate our terms and conditions; or otherwise be illegal. Following the above, we will use data in connection with legal claims, compliance, regulatory and investigative purposes as necessary including disclosure of such information in connection with legal process or litigation. Meeting our legal obligations and our legitimate interest (in protecting our assets and other compliance interests).
Whistleblowing. We may use certain personal data in order to process and investigate a notification we receive via our website whistleblowing channels. Meeting our legal obligations
Marketing. We may process your personal data for sending marketing messages and emails as well as newsletters concerning our offerings, if you have subscribed to such messages or consented to receiving them. Your consent
Profiling/personalization. We may process and use your personal data for profiling/personalization for such purposes as targeted direct marketing. We may also create aggregate and statistical information based on your personal data. Profiling/personalization includes automated processing of your personal data for evaluating, analyzing or predicting your personal preferences or interests to, for example, send you marketing messages concerning products or services best suitable for you. Your consent
Third party advertisement services. We use third-party advertising platforms, such as Facebook or Google, to display you and other individuals that have similar interests, personalised promotional and commercial offers. *) Your consent
Carrying out statistical studies, conducting market research based on segments and other general business analysis. We may process and use your personal data to develop our products and/or services as well as to better understand our customer behaviour or preferences. However, we use aggregate and statistical information for these purposes where technically feasible and aim to minimize using data directly identifiable to you. Our legitimate interest in getting to know you better and improving our services
Business improvement, prognosis, and reporting. We use some of the personal data collected from you to help us operate our business through using data to create accurate financial and other reports, making business forecasts, as well as conducting audits or other internal functions. Ditt samtycke
Website analytics. To understand the uses made of our website and improve their operation by using cookies and other similar technologies. *) Your consent
Website/content personalization. To offer personalised content and offers on website that you are likely to be interested in, based on the cookies installed. *) Your consent
Development of our products and services. Allowing you to voluntarily complete questionnaires, surveys or tests relating to our products and services. Your consent

 

*) For more information, please see our cookie policy.

 

 TRANSFERS OF YOUR PERSONAL DATA

 
We may disclose your personal data to third parties solely as stated below in this Policy, or as obligated by mandatory law. 

 

PEAK PERFORMANCE group companies

We may share your personal data within PEAK PERFORMANCE group companies, and may transfer your personal data for the use of other PEAK PERFORMANCE group companies for the purposes set forth in this Policy, when a group company/group companies are involved in the provision of the services to you or to other group companies. This may also concern and include other Amer Sports group companies as well. The purposes may include, for example, billing and delivery of your purchases, provision of services such as customer service, development and maintenance of digital solutions and managing, analyzing and profiling/personalization of customer data as set forth above. However, other companies/brands of Amer Sports group thanPEAK PERFORMANCE will not send you e-mail or text message based direct marketing, unless you separately subscribe to marketing messages from these companies/brands. 

You can find information on all Amer Sports group brands at Amer Sports’ website https://www.amersports.com/

 

Service providers and other authorized third parties

We may transfer your personal data to authorized third parties who process personal data on our behalf for the purposes described in this Policy, such as technical, logistics, e-commerce, marketing, invoicing and payment, and other service providers. Such third parties are not permitted to use your personal data for any other purposes than for what your personal data was collected, and we require them to act consistently with applicable laws and this Policy as well as to use appropriate security measures to protect your personal data. Some of these service providers, such a payment service provider, process your personal data as data controllers and their services are subject to their own privacy policies. 


We may also transfer your personal data, including heart rate data, biometrical data or other health related data, to a service partner, if you use such services where a third party company needs to process such data for the provision of the respective service or where you separately agree that a third party company may process your data in connection with the services or products of PEAK PERFORMANCE. 

 

International transfers

Our products and services may be provided using resources and servers located in various countries around the world. Therefore your personal data may be transferred outside the country where you use our services, including to countries outside the European Economic Area (EEA), where the level of data protection may not be deemed adequate by the European Commission. These countries may include countries such as the USA, where the level of data protection is lower than in the EU and where companies are obligated to hand over data to local authorities or security bodies under certain situations. In such cases we take steps to ensure to the best of our capabilities that adequate protection for your personal data is provided as required by applicable laws. For international transfers of your personal data, we generally rely on agreements that are based on the Standard Contractual Clauses (“SCCs”) of the European Commission. If you wish to know more about international transfers of your personal data, you may contact us via the contact details given below. 

 

Where the international transfers are linked to the use of non-essential cookies or other equivalent technologies, they will only be enabled if you consent to their use via our cookie banner or cookie settings. If you do not consent to the use of such cookies or other equivalent technologies, they will not transfer your data either.  See our Cookie Policy for further information.  

 

Mergers, Acquisitions, Business Transactions and Transfers.

We may disclose and/or transfer your personal data to relevant parties such as prospective or actual purchasers and their advisors, in connection with mergers, acquisitions, sales, reorganizations, divestments, or receiving other transactions or transfers or changes of control involving PEAK PERFORMANCE and/or its group companies, services, applications, digital services, or businesses. We may also receive personal data from relevant parties such as sellers and their advisers, for the purposes of such transactions. 

 

Other disclosures

We may disclose and otherwise process your personal data in accordance with applicable laws to defend PEAK PERFORMANCE’s legitimate interests, for example, in civil or criminal legal proceedings. Your personal data may be shared with government authorities, regulators and/or law enforcement officials if required for the purposes above, if mandated by law.

 

DATA CONCERNING MINORS 

PEAK PERFORMANCE does not seek to collect any information from or engage in any transactions with persons under the legal age in their respective country. Our databases may nevertheless contain personal data of children due to the fact that it is not always possible to determine precisely the age of the user. We reserve the right to block the service from any person who is or whom we reasonably suspect of being a minor. 


PEAK PERFORMANCE policy is to request that minors do not make purchases or engage in other legal acts on our products and services without the consent of a parent or legal guardian, unless otherwise permitted by applicable law. If you are a minor but have your legal guardian’s consent, you must be able to prove that such consent exists upon request. 

 

DATA QUALITY AND RETENTION

We take reasonable steps to keep the personal data we possess accurate and up-to-date and to delete out of date or otherwise incorrect or unnecessary personal data. 


Some of our products and services may allow you to manage your profile and the information in such profile. We encourage you to access your personal data via your profile from time to time to ensure that it is correct and up-to-date. Please remember that for such electronic services where you may manage your profile, it is your responsibility to provide us with the correct details as well as to update the personal data you have provided us with in case of any changes. 


We store your personal data only for a period necessary for the purpose in question or as long as required by applicable laws. After the personal data is no longer needed or required to be stored under applicable laws, it will be deleted or permanently anonymized. Below are some examples of retention periods that apply to your data:

  • User registration data is retained for as long as you are an active user of our website/service, or delete the data after the user account has been inactive for two (2) years after informing the user of the deletion.
  • Personal data related to orders, deliveries, and after-sales service is retained for as long as needed to perform sales/delivery contract in question, and for five (5) years thereafter for validation purposes.
  • Personal data included in our financial documents and accounting records is retained for ten (10) years from the end of the accounting period in question as accounting proof.
  • Personal data processed for marketing purposes is retained until you unsubscribe from our marketing messages/newsletters or otherwise ask us to stop, and in any case for a maximum of three (3) years from the end of the contractual relationship for customers or for three (3) years from the data collection or last contact for prospective customers. We also keep a record of your request to not to send you direct marketing or to process your data for three (3) years to respect your request in the future.
  • Records of phone conversations with our customer service are destroyed one (1) month after the call was made.

In all of the cases above we may retain the data longer than the stated retention periods if we have a legal reason (e.g. product liability or dispute) to retain the data for longer.

 

DATA SECURITY

We take data security seriously in all of our data processing. We implement appropriate technical and organizational security measures to prevent and minimize risks associated with providing and processing personal data. 
Such security measures include, where appropriate, the use of firewalls, secure server facilities, encryption, implementing proper access rights management systems and processes, careful selection of processors, sufficient training of our personnel involved in the processing, and other necessary measures to provide appropriate protection for your personal data against unauthorized use or disclosure. Where appropriate, we also take back-up copies and use other such means to prevent accidental loss or destruction of your personal data. If a particular part of an PEAK PERFORMANCE website supports on-line transactions, we will use an industry standard security measure, such as the one available through “Secure Sockets Layer” (“SSL”), to protect the confidentiality and security of online transactions. 

 

YOUR RIGHTS

Applicable data privacy laws guarantee several rights to you in relation to your personal data being processed by us. PEAK PERFORMANCE ensures that you can make use of these rights at all times. You have the following rights:

  • You have the right to request information and access to the personal data we have collected from and of you.
  • You also have the right to request that we replenish, rectify, or delete any incomplete, incorrect, unnecessary or outdated personal data we hold on you. However, we cannot delete such personal data that is necessary for compliance with binding legal obligations or if the personal data must be retained according to applicable laws. 
  • You have the right to request and receive the personal data we have collected on you for performance of a contract or with your consent in a commonly used and machine-readable form. 
  • You may request the restriction of processing of your personal data if you do not wish your personal data to be deleted, but the processing of your personal data has been deemed unlawful or the personal data is no longer necessary, or you have objected to the processing and the existence of legitimate grounds for processing is still under consideration. 
  • You may at any time object to your personal data being processed for direct marketing purposes, sending promotional materials, profiling, or for the performance of market research. Further, where your personal data is processed based on your consent, you have the right to withdraw your consent for such processing at any time. 


If you wish to make use of your rights mentioned above, you may do so by contacting us through the contact point referred in below in this Policy. When you contact us, please state the reason why you are contacting us (e.g. you wish to request a copy of your data, object to processing, update your data) and information that will help us to identify you. We may also request additional information from you in order to properly identify you so we can fulfil your request.

We encourage you to use available profile management tools for the above purposes as such tools often provide you with direct access to your personal data and allow you to effectively manage it. Please also note that applicable law may contain additional restrictions and other provisions that relate to your above rights.

 

Complaints to supervisory authorities

In the event you consider our processing activities of your personal data to be inconsistent with the applicable data protection laws or that we have not sufficiently ensured the realization of your rights, you may lodge a complaint with the local supervisory authority responsible for data protection matters. The up-to-date contact details of the supervisory authorities in the EU countries can be found here.

 

Opting-out from e-mail/online ads/SMS based marketing

You may opt-out from brand marketing e-mails and online ads by following the guidance in those e-mails (typically provided via “unsubscribe” link) or by contacting PEAK PERFORMANCE as set forth in the e-mail and on our web site. 

 

If you opt-out, (i) we may still send you non-marketing e-mails, such as service notifications or other information or if you are a business customer, we may send business relation information, (ii) you will still see advertisements on third-party advertising platforms at random. You may also opt-out from any SMS based direct marketing by contacting PEAK PERFORMANCE as set forth in our site or via SMS as may be applicable. 

 

CONTACT DETAILS OF THE DATA CONTROLLER

The main data controller responsible for processing your personal data according to this Policy is:

 

PEAK PERFORMANCE PRODUCTION AB

Magasin 1, Frihamnen 115 56

Stockholm Sweden and business ID 556277-6434

customercare@peakperformance.com

 

You may contact us via the contact details given above. 

 

As stated in the beginning of this Policy, PEAK PERFORMANCE is a member of Amer Sports group. One or more of other Amer Sports group entities may also process your personal data (for purposes stated in this Policy) as data controllers either independently or jointly with PEAK PERFORMANCE. For more information on these Amer Sports group entities, please contact PEAK PERFORMANCE via the above contact methods.

 

CHANGES TO THIS PRIVACY POLICY 

We may from time to time update and change this Policy. If the changes include new purposes of processing, we will give you prior notice of such changes and, where necessary, request your consent for such additional purposes. The last update date of this Policy is stated in the beginning. 

 

COUNTRY -SPECIFIC TERMS

PEAK PERFORMANCE operates in some countries where local legislation guarantees you additional rights in relation to your personal data being processed. When we process your personal data in these countries or are otherwise subject to such county’s privacy legislation, we ensure that your rights are followed. We have listed below the relevant applicable additional rights per country.

 

France

You have a right to define guidelines relating to the fate of your personal data in the event of your death.

 

California, United States of America

California residents (California-Specific description of privacy rights – under the California Privacy Rights Act – CPRA ). This section fully incorporates all of the above stated Policy as if fully set forth below and your rights under the CPRA are intended to supplement the rights set forth therein.

 

Right to Know / Access

California residents have the right (upon a verifiable request) to request the following:

1.     The categories of personal information we have collected about you.

2.     The categories of sources from which personal information is collected.

3.     The business or commercial purpose for collecting or selling personal information.

4.     The third parties with whom we share personal information, as well as the categories shared. 

5.     The specific pieces of personal information we have collected about you.

To the extent technical feasible, California residents may request that such information be transferred to another entity directly.

 

Right to Request Deletion or Correction of Personal Information

California residents have the right to request deletion or correction of their personal information collected or maintained by us, or by third-parties or service providers working at our direction.

 

Right to Access Information and Opt-Out of Automated Decision-Making Technology

 

California residents have the right to request information about how their personal information is used in automated decision-making, a description of the likely outcomes that will result from these processes, and to opt out of automated decision-making technology. 

 

Do Not Sell or Share My Personal Information

You have the right, at any time to direct a business that sells or shares personal information about you to third parties, not to sell or share your personal information. This is the right to opt-out of sale or sharing. The meaning of “sell” under the CPRA is broadly defined and can include sharing your information for any economic benefit.

 

We share your information with service providers and other authorized third parties as set forth in the Policy above. To the extent that any such third party is not considered a service provider under the CPRA or the CPRA is interpreted in a way that any action of ours is a “sale”, is “selling”, or otherwise deriving an economic benefit from the sharing of your personal information as described in this Policy and to the extent that you wish us not to share such information, please submit your request using the methods listed below.

 

Please note, to ensure that your personal information is not shared/sold, you should delete your cookies from your browser (refer to our Cookie Policy and decline to give your consent via our cookies preference center.

 

CALIFORNIA MINORS only: See DATA CONCERNING MINORS above.
Businesses are not permitted to sell your information unless you are between 13 and 16 years of age, or your parent, if you are under 13 years of age have affirmatively authorized the sale/sharing of your information. This is the right to opt-in. If you are between 13-16 years of age, you may opt-in simply by consenting to cookies via our cookies preference center (here). If you are under 13, we do not seek to engage with you in any transaction, tracking by cookies or otherwise.

 

How to exercise your CPRA rights

To submit a CPRA rights request or submit a request through customercare@peakperformance.com

 

To make a CPRA rights request via the online form, please fill in all required fields. For CPRA rights requests, also:

  1. Select Topic “About my Order / my Account”,
  2. Select any Product Category,
  3. In the Subject field write “Personal Data Management”
  4. In the Message field write the CPRA right you wish to enforce: “Right to Know”, “Right to Deletion” or “Do Not Sell My Info”.
     

Please note that the we may need to identify you and to ask for additional information in order to be able to fulfill your request. You can make your request through the online webform. In both instances, you may be required to provide your email address on file with us among other information. We will acknowledge your request within 10 days. Upon verification of your identity, we will fulfil your request. However, we will not provide any information that we reasonably believe may be subject to fraudulent action.

 

Right to Non-Discrimination for the Exercise of Your California Privacy Rights

You have the right not be discriminated against because you exercised any of your rights under California law. We will ensure that you will face no discrimination from our side and we will continue to treat you fairly if you decide to use any of your rights stated in this policy. 

 

Authorized Agent

You have the right to designate an authorized agent to make any CPRA request on your behalf. We nevertheless reserve the right to ask for proof that such agent is in fact authorized by you.

Be the first to know!
Sign up - Get 10% OFF on your first order.
Subscribe to receive new product releases, exclusive discount codes, invites to events and more.